Yucaipa City Council
March 11, 2024

Guidance:
os If used, In-Roadway Ll'arning Lights slnuld be installed in the center of each travel lane, st the center line oJ' the roadway, at each edge of the roadway or parking lanes, or at other suitable locations away from the normal tire track paths.
oaThe location of the In-Roadway Warning Lights within tlrc lanes should be based on engineering judgment.

Option:
oz On one-way streets, In-Roadway Warning Lights may be omitted on the departure side of the crosswalk. or Based on engineering judgment, the In-Roadway Warning Lights on the departure side of the crosswalk on the left side of a median may be omitted.
os Unidirectional In-Roadway Warning Lights installed at crosswalk locations may have an optional, additional yellow light indication in each unit that is visible to pedestrians in the crosswalk to indicate to pedestrians in the crosswalk that the In-Roadway Warning Lights are in fact flashing as they cross the street. These yellow lights may flash with and at the same flash rate as the light module in which each is installed.

Guidance:
rc If used, the period of operation of the In-Roadway ll/arning Lights following each actuation should be sfficient to allow a pedestrian crossing in the crosswalk to leave the curb or shoulder and travel at a walking speed of 3.5 feet per second to at least the far side of the traveled way or to a median of sfficient width for pedestrians to wait. Where pedestrians who walk slower than 3.5 feet per second, or pedestrians who use wheelchairs, routinely use the crosswalk, a walking speed of less than 3.5 feet per second should be considered in determining the period of operation.

Standard:
r r If pedestrian pushbuttons are used to actuate the in-roadway lights, a Push Button To Turn On Warning Lights (with pushbutton symbol) (Rl0-25) sign (see Figure 28-26) shall be mounted &djoeent+e immediately above or integral with each pedestrian pushbutton. rz Where the period of operation is sufficient only for crossing from a curb or shoulder to a median of sufficient width for pedestrians to wait, median-mounted pedestrian actuators shall be provided. rs ln-Roadway Warning Lights (lRWLs) shall not be placed on or within the crosswalk markings. lf the ln-Roadway Warning Lights are activated by a push button, the PUSH BUTTON FOR PEDESTRIAN WARNING LIGHTS, CROSS WITH CAUTION (R62E(CA))sign shallbe used.
r+ The following shall be considered when evaluating the need for ln-Roadway Warning Lights:

A. Whether the crossing is controlled or uncontrolled.

B. An engineering traffic study to determine if ln-Roadway Warning Lights are compatible with the safety and operation of nearby intersections, which may or may not be, controlled by kaffic signals or STOPffIELD signs.

C. Standard traffic signs for crossings and crosswalk pavement markings are provided.

D. At least 40 pedestrians regularly use the crossing during each of any two hours (not necessarily consecutive) during a 24-hour period.

E. The vehicular volume through the crossing exceeds 200 vehicles per hour in urban areas or 140 vehicles per hour in rural areas during peak-hour pedestrian usage.

F. The critica! approach speed (85th percentile) is 45 mph or less.

G, ln.Roadway Warning Lights are visible to drivers at the minimum stopping sight distance for the posted speed limit.

H. Public education on ln-Roadway Warning Lights is conducted for new installations. 0ption:
rs Overhead or roadside Flashing Yellow Beacons may be installed in conjunction with ln-Roadway Warning Lights. ln- Roadway Warning Lights may be installed independently, but are not necessarily intended to be a substitute for standard flashing beacons, Engineering judgment should be exercised, Guidance:
rc Typical applications of ln-Roadway Warning Lights are shown in Figure 4N-101(CA).

Chapter 4N - In-Roadway Lights
Part 4 - Highway Traffic Signals
Revised December 9, 201 5
16003/11/2024 City Council Agenda

California MUTCD 2014 Edition
(FHWA's MUTCD 2009 Edition, including Revisions I &2, as amended for use in California) Page I 000
Section 4N.1 01 (CA) ln-Roadwav Warninq
Standard:
or When ln-Roadway Warning Lights are proposed by Caltrans on State highways, Caltrans shall pay the costs of installation and maintenance. When ln-Roadway Warning Lights are proposed and installed by a loca! agency on State highways, the installation of ln-Roadway Warning Lights shall be covered by an Encroachment Permit issued by the local Caltrans District Director. The local agency shall be responsible for installation and maintenance of the ln-Roadway Warning Lights.

Chapter 4N - In-Roadway Lights
Part 4 - Highway Traffic Signals
November 7, 2014
16103/11/2024 City Council Agenda

California MUTCD 2014 Edition
(FHWA's MUTCD 2009 Edition, including Revisions I & 2, as amended for use in Califomia) Page l00l
Figure 4N-101 (CA). Typical Layout for ln-Roadway Warning Lights (lRWLs) ++
+t+
a EB B

EEEEEBEEE
a
Crosswalk
a
E B
t
EB ilr
t
TWO.LANE EACH DIRECTION

CROSSWALK AT AN INTERSECTION
(See Note 3)
TWO.LANE EAGH DIRECTION
MID.BLOCK CROSSWALK
(See Note 3)
+
BB
a
LEGEND
B - IRWL (Required)
E - IRWL (Optional)

C - PEDESTRIAN
PUSH.BUTTON
a
a a
t t

ONE-LANE EACH DIRECTION
MID.BLOCK CROSSWALK
(See Note 2)
ON E.LAN E, ONE-WAY ROADWAY
MID.BLOCK CROSSWALK
(See Note 1)
NOTES:

1. One-Lane, One-Way Roadways, a minimum of two IRWLs shall be installed on the approach side ot the crosswalk.

2. One-Lane eadr direction, a minimum of three IRWLs shall be installed along both sides of the crosswalk.

3. Two-Lanes each direction, a minimum of one IRWLs per lane. shall be installed along both sides of the crosswalk.

4. IRWLs should be located off the tire [acks.

Chapter 4N - In-Roadway Lights
Part 4 - Highway Traffic Signals
November 7, 2014
E EIE
BB EB
16203/11/2024 City Council Agenda

APPENDIX H

CALIFORNIA MUTCI)
FLAS HI IYG B EACOIYS G(IIDE LIIYES :
16303/11/2024 City Council Agenda

California MUTCD 2014 Edition
(FHWA's MUTCD 2009 Edition, including Revisions I & 2, as amended for use in Califomia)

CHAPTER 4L. FLASHING BEACONS
Section 4L.01 General Desien and Operation of Flashins Beacons Support:
or A Flashing Beacon is a highway traffic signal with one or more signal sections that operates in a flashing mode. It can provide traffic control when used as an intersection control beacon (see Section 4L.02) or it can provide warning when used in other applications (see Sections 4L.03, 4L.04, and 4L.05).

Standard:
oz Flashing Beacon units and their mountings shall comply with the provisions of Chapter 4D, except as otherwise provided in this Chapter.
or Beacons shall be flashed at a rate of not less than 50 or more than 60 times per minute. The illuminated period of each flash shall be a minimum of ll2 md a maximum of 2/3 of the total cycle. or A beacon shall not be included within the border of a sign except for SCHOOL SPEED LIMIT sign beacons (see Sections 4L.04 and 78.15).

Guidance:
os If used to supplement a warning or regulatory sign, the edge of the beacon signal housing should normally be located no closer than l2 inches outside ofthe nearest edge ofthe sign.

Option:
oo An automatic dimming device may be used to reduce the brilliance of flashing yellow signal indications during night operation.

Support:
oz Typical applications for flashing beacons include the following:

A. SignalAhead
B. Stop Signs
C. Speed Limit Signs
D. Other Warning and Regulatory Signs
E. Schools
F. Fire Stations
G. lntersection Control
H. Freeway Bus Stops
L At lntersections where a more visible warning is desired. oe Typical uses include:

A. Obstructions in or immediately adjacent to the roadway.

B. Supplemental to advance waming signs,
C. At mid-block crosswalks.

D. At intersections where a warning is appropriate.
0ption:
os Only warning, regulatory or construction signs may be supplemented by flashing beacons.

Standard:
ro The cost of installing a Warning or Regulatory Sign Flashing Beacon on a State highway shall be at 100% State expense.

Section 4L.02 Intersection Control Beacon
Standard:
orAn Intersection Control Beacon shall consist of one or more signal faces directed toward each approach to an intersection. Each signal face shall consist of one or more signal sections of a standard traffic signal face, with flashing CIRCULAR YELLOW or CIRCULAR RED signal indications in each signal face. They shall be installed and used only at an intersection to control two or more directions of travel.

Chapter 4L - Flashing Beacons
Part 4 - Highway Traffic Signals
November '7 ,2014
16403/11/2024 City Council Agenda

Califomia MUTCD 2014 Edition
(FHWA's MUTCD 2009 Edition, including Revisions I &2, as amended for use in California)

oz Application of Intersection Control Beacon signal indications shall be limited to the following:

A. Yellow on one route (normally the major street) and red for the remaining approaches for existing installations, and
B. Red for all approaches at new installations (if the warrant described in Section 28.07 for a multi-way stop is satisfied).
o: Flashing yellow signal indications shall not face conflicting vehicular approaches. o+ A STOP sign shall be used on approaches to which a flashing red signal indication is displayed on an Intersection Control Beacon (see Section 28.04).
os If two horizontally aligned red signal indications are used on an approach for an Intersection Control Beacon, they shall be flashed simultaneously to avoid being confused with grade crossing flashing-light signals. If two vertically aligned red signal indications are used on an approach for an Intersection Control Beacon, they shall be flashed alternately.

Guidance:
oo An Intersection Control Beacon should not be mounted on a pedestal in the roadway unless the pedestal is within the confines of a trffic or pedestrian island.

Option:
oz Supplemental signal indications may be used on one or more approaches in order to provide adequate visibility to approaching road users.
os Intersection Control Beacons may be used at intersections where traffic or physical conditions do not justi$r conventional traffic control signals but crash rates indicate the possibility of a specialneed. os An Intersection Control Beacon is generally located over the center of an intersection; however, it may be used at other suitable locations.

Standard:
ro New installations of overhead intersection control flashing beacon shall consist of red indications for each approach.
rr The cost of installing an lntersection Control Beacon and intersection tighting shall be shared with the local agency in the same manner as a traffic signal.
0ption:
rz Yellow flashing beacons may be used with Signal Ahead (W3-3) signs in advance of:

A. An isolated traffic signal on either a conventional highway or on an expressway in a rural area.

B. The first traffic signal approaching an urban area.

C. Any traffic signal with limited approach visibility, or where approach speeds exceed 50 mph. r: 0n divided highways where the median is 8 feet wide, or greater, the installation may consist of:

A. Two Type 1 standards, each with a SignalAhead (W3-3)sign and a 12-inch signalface, with one standard located in the median and the other off of the right shoulder; or
B, A Type 9 cantilever flashing beacon installation with a Signal Ahead (W3-3) sign and two 12-inch signal faces as shown in Caltrans' Standard Plans. See Section 'tA.11 for information regarding this publication. u The above installation designs may result in noncompliance with Caltrans' Highway Design Manual mandatory standards for horizontal clearance and shoulder width, and the advisory design standard for clear recovery zones, lf such nonstandard features cannot be avoided, the designer must obtain approval in accordance with Topic 82 of Caltrans' Highway Design Manual and the current instructions pertaining to exceptions from mandatory and advisory design standards. See Section '1A.11 for information regarding this publication.
rs 0n undivided highways or on highways where the median is less than 8 feet wide, the installation may consist of a single standard located off of the right shoulder or Type 9 cantilever flashing beacon installation as described for use on divided highways, or it may be a Type 1S-FBS flashing beacon installation, Support:
ro The cost of installing a Signal Ahead Flashing Beacon is normally included in the traffic signal project and the cost shared with the local agency.

Chapter 4L - Flashing Beacons
Part 4 - Highway Traffic Signals
November 7, 2011
16503/11/2024 City Council Agenda

California MUTCD 2014 Edition Page 990
(FHWA's MUTCD 2009 Edition, including Revisions I &2,as amended for use in California) Section 4L.03 Warnins Beacon
Support:
or Typical applications of Warning Beacons include the following:

A. At obstructions in or immediately adjacent to the roadway; B. As supplemental emphasis to warning signs;
C. As emphasis for midblock crosswalks;
D. As supplemental emphasis to regulatory signs, except STOP, DO NOT ENTER, WRONG WAY, and SPEED LIMIT signs; and
E. In conjunction with a regulatory or warning sign that includes the phrase WHEN FLASHING in its legend to indicate that the regulation is in effect or that the condition is present only at certain times.

Standard:
oz A Warning Beacon shall consist of one or more signal sections of a standard traffic signal face with a flashing CIRCULAR YELLOW signal indication in each signal section. or A Warning Beacon shall be used only to supplement an appropriate warning or regulatory sign or marker.
or Warning Beacons, if used at intersections, shall not face conflicting vehicular approaches. os If a Warning Beacon is suspended over the roadway, the clearance above the pavement shall be a minimum of l5 feet and a maximum of 19 feet.

Guidance:
ooThe condition or regulation justifiing lV'arning Beacons should largely govern their location with respect to the roadway.
ot If an obstruction is in or adjacent to the roadway, illumination of the lower portion or the beginning of the obstruction or a sign on or infront of the obstruction, in addition to the beacon, slnuld be considered. ot ll'arning Beacons should be operated only during those periods or times when the condition or regulation exists.

Option:
oe Warning Beacons that are actuated by pedestrians, bicyclists, or other road users may be used as appropriate to provide additional warning to vehicles approaching a crossing or other location. ro If Warning Beacons have more than one signal section, they may be flashed either alternately or simultaneously.
r r A flashing yellow beacon interconnected with a traffic signal controller assembly may be used with a traffic signal warning sign (see Section 2C.36).

Section 4L,04 Speed Limit Sien Beacon
Standard:
or A Speed Limit Sign Beacon shall be used only to supplement a Speed Limit sign. oz A Speed Limit Sign Beacon shall consist of one or more signal sections of a standard traffic control signal face, with a flashing CIRCULAR YELLOW signal indication in each signal section. The signal indications shall have a nominal diameter of not less than 8 inches. If two signal indications are used, they shall be vertically aligned, except that they shall be permitted to be horizontally aligned if the Speed Limit (R2-l) sign is longer horizontally than vertically.If two signal indications are used, they shall be alternately flashed.

Option:
or A Speed Limit Sign Beacon may be used with a fixed or variable Speed Limit sign. If applicable, a flashing Speed Limit Sign Beacon (with an appropriate accompanying sign) may be used to indicate that the displayed speed limit is in effect.
ol
Seetien+S++
Guidance:
os When a Speed Limit Sign Flashing Beacon ls insta//ed at the request of a local agency, or installed by the local agency under an encroachment permit fhe cosfs of installing and maintaining the beacon should be at 100% local agency expense, Chapter 4L - Flashing Beacons
Part 4 - Highway Traffic Signals
November 7, 2014
16603/11/2024 City Council Agenda

California MUTCD 2014 Edition
(FHWA's MUTCD 2009 Edition, including Revisions I & 2, as amended for use in California)

Section 4L.05 Stop Beacon
Standard:
orA Stop Beacon shall be used only to supplement a STOP sign, a DO NOT ENTER sign, or a WRONG WAY sign.
o: A Stop Beacon shall consist of one or more signal sections of a standard traffic signal face with a flashing CIRCULAR RED signal indication in each signal section. If two horizontally aligned signal indications are used for a Stop Beacon, they shall be flashed simultaneously to avoid being confused with grade crossing flashing-light signals. If two vertically aligned signal indications are used for a Stop Beacon, they shall be flashed alternately.
o.rThe bottom of the signal housing of a Stop Beacon shall be not less than 12 inches or more than24 inches above the top of a STOP sign, a DO NOT ENTER sign, or a WRONG WAY sign.

Support:
oa A Stop Sign Flashing Beacon consists of one or two signal sections with a flashing circular red indication in each section.

Standard:
os The bottom of the housing of a Stop Sign Flashing Beacon shall not be less than 12 inches nor more than 24 inches above the top of the stop sign.
oo The cost of installing a Stop Sign Beacon shall be shared with the local agency in the same manner as a traffic signal.

Section 4L.101(CA) Flashinq Beacons at School Crosswalks Option:
or Flashing beacons at school crosswalks may be installed on State highways in accordance with CVC Sections 21372 and 21373.
oz Flashing yellow beacons may be installed to supplement standard school signing and markings for the purpose of providing advanced waming during specified times of operation when justified. or A flashing yellow beacon may be justified when ALL of the following conditions are fulfilled:

A. The uncontrolled school crossing is on the "Suggested Route to School'; and B. At least 40 school pedestrians use the crossing during each of any two hours (not necessarily consecutive) of a normal school day; and
C. The crossing is at least 600 feet from the nearest alternate crossing controlled by traffic signals, stop signs or crossing guards; and
D. The vehicular volume through the crossing exceeds 200 vehicles per hour in urban areas or 140 vehicles per hour in rural areas during the same hour the students are going to and from school during normal school hours; and E. The critical approach speeds exceeds 35 mph or the approach visibility is less than the stopping sight distance.

Standard:
or lf school authorities are to operate flashing yellow beacon, an inter.agency agreement shal! be executed to assure designations of a responsible adult to operate the beacon controls and to provide accessibility for necessary equipment maintenance.
os Where traffic signals and/or flashing beacons are justified only by the School Area Traffic Signal Warrant on a State hlghway, the installation shall be at 100% State expense. When any other warrant is met also, the cost is shared in the usualmanner.

Support:
oo Figure 4L-101(CA) shows the worksheet for flashing beacon at school crossings.

Section 4L.102(CA) Flashinq Beacons for Fire Stations
Option:
or Flashing beacons at fire station driveways or at intersections immediately adjacent to a fire station may be installed on State highways.

Chapter 4L - Flashing Beacons
Part 4 - Highway Traffic Signals
November 7,2014
16703/11/2024 City Council Agenda

Califomia MUTCD 2014 Edition Page992
(FHWA's MUTCD 2009 Edition, including Revisions I & 2, as amended for use in Califomia) Standard:
oz The flashing beacon shall be used only to supplement an appropriate warning or regulatory sign. The flashing beacon shall be actuated from an non-illuminated condition by a switch at the fire station. or The costs of installing and maintaining the flashing beacon for the fire station shall be at 100% local agency or fire department expense.

Section 41.103(CAlFlashinq Beacons at Bus Stops on Freeway lnterchanqes 0ption:
or At locations of approved bus stops within interchange areas, a flashing beacon may be provided near the top of a lighting standard to provide a flag stop.

Standard:
oz The following design and operational requirements shall be met:

A. A push button shall be provided on the lighting standard with a sign explaining the purpose and operation.

The sign shall state that if no bus has arrived within 15 minutes (or other time) after the button has been actuated it will be necessary to actuate it again.

B. The flashing beacon shall consist of a 8-inch, signal section with an uncolored or white lens mounted on the tighting standard in such a position that an approaching bus driver can see it on the freeway.

C, The operation of the control shall be such that the flashing beacon will operate for 15 minutes after the button has been actuated and then go out.
or The cost of installing and maintaining Flashing Beacons at Bus Stops on Freeway lnterchanges shall be 100% State expense.

Chapter 4L - Flashing Beacons
Part 4 - Highway Traffic Signals
November 7, 2014
16803/11/2024 City Council Agenda

APPENDIX I

CALIFORNIA MUTCT)

EXAMPLES OF CROSSWALK ENHANCEMENTS AT
UNCONTROLLED MULTILANE APPROACHES :
16903/11/2024 City Council Agenda

California MUTCD 2014 Edition
(FHWA's MUTCD 2009 Edition, including Revisions I & 2, as amended for use in Califomia) A - Two-way roadway - Midblock
-l >ff{-

Figure 38-17 (CA). Examples of Crosslvarr( Enhancements at U ncontrol led M u lti lane Approaches
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November 7, 2014
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17003/11/2024 City Council Agenda

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existing facilities): Demolition and removal of existing pavement. scarification and compaction of native soils
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new asphalt pavement on the travel way and
shoulders. reolacement of existino asohalt dike al!h4
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17103/11/2024 City Council Agenda

Oek Glcn Rord - Cost E;tlmrtc - Rctrrn to Originel Coodltion Conrt. Cort
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17203/11/2024 City Council Agenda

Summary of Comments on DAF Oak Glen Road - Signed -
3424.comment.pdf
Page:2
Number: 1 Author: s146375 Subject: Highlight Date:3/4/2024 1 1:1 1:31 AM /Nr.b"r'2 trthgr,tTemporarycon5tructionEasementsaredoneduringthephaseofR|/W.Thereisnoestimate5hownabovffi /
17303/11/2024 City Council Agenda

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ATTACHMENT 2
17503/11/2024 City Council Agenda

FOCUSED INTERSECTION EVALUATION :

INTERSECTION OF WILDWOOD CANYON ROAD AT OAK VIEW ROAI)

IN THE CITY OF YUCAIPA, CA
DECEMBER 1,2023

INTRODUCTION
The City of Yucaipa requested Hartzog & Crabill, Inc. (HCI) to field-review the intersection of Wildwood Canyon Road and Oak View Road and conduct an evaluation of the intersection from a traffic engineering perspective, including roadway geometry, signing & striping, and sight distance. The location is a typical 3-way intersection with Wildwood Canyon Road running in the east-west directions and Oak View Road running diagonally in the north-south directions. The intersection is located northeast of the I-10 Freeway, east of Bryant Street (see Location Map below). The intersection is entirely within the City of Yucaipa jurisdiction. At the present time, there is a one-way stop control on Oak View Road (i.e., Wildwood Canyon Road is uncontrolled).

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Hartzog & Crabill, Inc.I17603/11/2024 City Council Agenda

Focused Intersection Evaluation - Wildwood Canyon Road at Oak View Road, in Yucaipa, CA

BACKGROUNT)
Wildwood Canyon Road is an east-west arterial roadway with single-family residential properties and rural areas on both sides of the street. Nearby to the intersection with Oak View Road, Wildwood Canyon State Park is located on the north-side of the street and Wildwood Park on the south-side. At the 3-way intersection with Oak View Road, the approximate 32 - 36 foot wide roadway opens up to approximately 46 feet wide for turns into/out of Oak View Road. The 2-lane roadway provides for one lane of traffic in each direction, which are separated by a double-yellow centerline stripe, and bicycle route white edgelines on both sides. There are no marked crosswalks across Wildwood Canyon Road at or near the intersection with Oak View Road. The roadway primarily has asphalt curbs and edge-of-pavement on either side (i.e., not fully-improved with concrete curbs, gutters, or sidewalks). Wildwood Canyon Road has a posted speed limit of 45 MPH. On-street parking is unrestricted (i.e., allowed) along both sides of the intersection. There are nearby "Pedestrian Crossing Ahead" warning signs on Wildwood Canyon Road for a crossing location at Canyon Drive. Currently, there are no traffic controls on Wildwood Canyon Road (i.e., uncontrolled) at its intersection with Oak View Road. See Exhibit I (next page) for recent photo images of Wildwood Canyon Road Oak View Road is a north-south local roadway with single-family residential properties on both sides of the street. At the 3-way intersection with Wildwood Canyon Road, which is the southerly terminus of Oak View Road, the roadway is approximately 36 feet wide. The 2-lane roadway provides for one lane of traffic in each direction, which are not separated by any striping. There are no marked crosswalks across Oak View Road at or near the intersection. The roadway primarily has asphalt curbs and some concrete curb improvements. Oak View Road does not have a posted speed limit; however, the residential nature of this street results in a local 'prima facie' speed limit of 25 MPH and does not require posting. On-street parking is allowed on both sides of the street.

Currently, there is a stop sign, white 'STOP'pavement markings, and a limit line on Oak View Road, facing southbound traffic, at its intersection with Wildwood Canyon Road.

See Exhibit 2 (following page) for a recent photo image of Oak View Road. 2Hartzog & Crabill, Inc.17703/11/2024 City Council Agenda

Focused Intersection Evoluation - Wildwood Canyon Road at Osk View Road, in Yucaipa, CA

EXHIBIT I
3 WII.,DWOOD CANYON ROAD (Looking EasthounA @, OAK VIEW ROAD WILDWOOD CANYON ROAD (Looking Westbounfi @ OAK VIEW ROAD -LJ
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17803/11/2024 City Council Agenda

Focused Intersection Evsluation - |lildwood Cunvon Road ut Oak View Road, in Yucaipa, CA EXHIBIT 2
OAK VIEW ROAD (Looking Southboundl @ WILDWOOD CANYON ROAD Hartzog & Crabill, [nc.4
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17903/11/2024 City Council Agenda

INTERSECTION COLLISION HISTORY
In a separate report prepared earlier this year (August 2023), HCI had gathered the latest available intersection collision history from the State of Califomia Highway Patrol (CHP) Statewide Integrated Traffic Records System website (i-SWITRS), which is where local jurisdictions report their collisions. A S-year traffic collision history summary report was prepared for the intersection. Moreover, HCI reviewed any further SWITRS reported collisions that may have occurred since the earlier report, and no additional collisions were reported.

As summarized below, out of a total of three (3) reported collisions occurring at or near this intersection over the past (5) years of available SWITRS collision data, there have been two (2) collisions categorized as 'head-on', and all incidents involved collisions with a fixed object. One of the two head-on collisions had a Primary Collision Factor (PCF) Violation Category of 'Unsafe Lane Change', while the other was categorized as 'lmproper Turning'.

TABLE 1

SWITRS COLLISION SUMMARY
Notes: Information above is derived per a recent S-year intersection traffic collision database file gathered from C HP-SW ITRS (r-S fr{fR S w e b s i t e). l) Type of Coll. - Type of Collision (i. e., broAdside, rear-end, etc.) The SWITRS traflic collision data report is included in Appendk A.

Intersection
20r 8 2019 2021-22 2022 - 2023
Date Type of Coll.Date Type of Coll.Date Type of Coll.Date Type of Coll.

Wildwood Canyon
Road
at
Oak View Road
091t3 Hir objecr 03n6 Head-On None reported 0310st23 Head-On Focused Intersection Evoluation - Wildwood Csnyon Road at Osk View Road, in Yucaipo, CA Harlzog & Crabill, [nc.5
18003/11/2024 City Council Agenda

Focused Intersection Evsluatiott - Wildwood Canyon Road at Oak View Road, in Yucaipa, CA

INTERSECTION TRAFFIC VOLUMES
lt is noted, the scope of this focused evaluation did not include obtaining new vehicular count data for this intersection. Similarly, in a separate prior report, HCI had collected Average Daily Traffic (ADT) vehicular approach counts to this intersection earlier this year on Thursday, April27,2023. Table 2 below provides a breakdown of the approach volumes. The tralftc volume data is included in Appendix B.

TABLE 2
HIGHEST 24.HOUR INTERSECTION APPROACH VEHICLE COUNTS
Wildwood Canyon Road is considered the 'through' or 'major' street at this rural, residential 3-way intersection, since it carries higher volumes from both approaches, and drivers are not required to slow down, or even stop, before proceeding straight through the intersection. In comparison, Oak View Road is considered the 'minor' street as southbound drivers on Oak View Road are required to stop at Wildwood Canyon Road and look both ways before proceeding to make a left-tum or right-turn.

It is typically expected that the traffic volumes on the minor street are significantly less than those on the major street. As can be seen from the table above, this is the case, as Oak View Road carries approximately 2oh of the entire traffic entering the intersection (Wildwood Canyon Road carries 98% of entering traffic).

It is understood that the existing traffic count data may not be representative of other seasonal tourist traffic.
6 Street Direction ADT Volume Directional Split Highest Hourly Volume Wildwood
Canyon Road
Eastbound 2,937 s2%340 (7 - 8 AM)
Westbound 2,67 5 48%304 (3-4PM)
Oak View Road
Southbound r20 r00%13 (7 - 8AM)
Hartzog & Crabill, [nc.18103/11/2024 City Council Agenda

INTERSECTION VISIBILITY
lmpaired visibility, or restricted sight distance, due to the geometry of the intersection and possible obstructions was carefully considered during our field-review of the surrounding rural, residential intersection environment. The geometry of the intersection includes an approximate 90" angle. It is also noted, Oak View Road has a gradual horizontal and vertical curvature (i.e., side-to-side curve and incline/decline) north of the intersection.

A driver's sight distance was measured from the side-street approach to the intersection, as southbound traffic on Oak View Road are required to stop, before proceeding to make a left-turn or right-tum onto Wildwood Canyon Road. The measured distance was derived from the stopping sight distance guidelines found in the California MUTCD (see Appendk C)- In this reference, a 45 MPH roadway speed recommends a minimum Stopping Sight Distance of 360 feet. However, per a recent E&T speed survey it was determined that the 85th percentile speed along Wildwood Canyon Road was 50.2 MPH.

Therefore, a 50 MPH speed was used as a more conservative measure, which has a minimum sight distance of 425 feet. This 425-foot distance was used when looking towards approaching, uncontrolled traffic along Wildwood Canyon Road. More specifically, this stopping sight distance was field-measured from a typical 'stopped' vehicle location on Oak View Road at the intersection looking towards the oncoming lanes of cross-traffic on Wildwood Canyon Road. An orange cone was placed at this distance and a photograph was taken from a stopped driver's perspective (i.e, approx. 3.5 feet in height).
(See sight distonce photos in Exhibit 3 on the following poge) As Exhibit 3 shows, when looking for approaching traffic on Wildwood Canyon Road, a driver does have a clear line of sight to the minimum sight distance of 425 feet when looking both ways from Oak View Road.

Hartzog & Crabill, Inc.7
Focused Intersection Evaluatiort - Wildb,ood Canvon Road ut Ook View irt Yucuipa, CA 18203/11/2024 City Council Agenda

Focused Intersection Evaluation - Wildwood Canvon Road ot Oak View Road, in Yucaipa, CA EXHIBIT 3
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18303/11/2024 City Council Agenda

INTERSECTION SIGNING & STRIPING
ln regards to the existing roadway signing and striping at the intersection of Wildwood Canyon Road and Oak View Road, HC[ evaluated the intersection striping as adequate.

One factor was checking that the double-yellow centerline aligns correctly on both sides of the intersection, which it does. At this time, the following suggestions are provided for the City's consideration:
o Refresh the existing signing & striping and markings atlnear the intersection. o Add Side-Street Ahead (W2-2) waming signs on Wildwood Canyon Road, in advance of the intersection. May also add street name supplemental placard. o In order to further complete the centerline striping right at the intersection, it is suggested to add certain double-yellow striping as indicated in the attachment in Appendk D.
o Add a Double-Arrow (€)) (Wl-7) end-of-roadway warning sign on the south- side of Wildwood Canyon Road, facing southbound Oak View Road traffic as they stop.
o In order to ensure adequate sight distance is maintained at all times, consider restricting on-street parking on the north-side of Wildwood Canyon Road, on both sides of Oak View Road, for at least one, and up two, parking spots. o Consider adding a short double-yellow centerline on Oak View Road. o Due to road and ROW constraints, modifications to the left-turn pocket to meet the latest road design guidelines and standards are not practical at this time. And based on the collision history, it does not suggest that there is an immediate need to redesign the left-turn pocket. In general, a new left-turn pocket design would be a minimum 50 feet for the storage of two (2) cars. In addition, the left-tum pocket may be lengthened to allow some or all the deceleration to occur in the lefrturn pocket. The City may consider these striping improvements as part of a future roadway project for Wildwood Canyon Road when it has secured the additional ROW.

Hartzog & Crabill, Inc.9
Focused Intersection Evalustiott - Wildwood Canvon Road at Oak View irt Yucaips, CA 18403/11/2024 City Council Agenda

Focused Intersection Evaluation - lVildwood Canvon Road at Oak View Road, in Yucaipa, CA

INTERSECTION EVALUATION SUMMARY
In summary, the collision history at the intersection resulted in (3) SWITRS-reported collisions during the last fiver years of available data. One (l) collision was a Hit Object type and the other two (2) were Head-On type. The intersection traffic volumes resulted in very minor traffic volumes for the side-street (only 2oh of the entire intersection volume). During our afternoon field-review, excessive delay to any approach was not observed in terms of southbound vehicles stopping and waiting for a gap on the major roadway. HCI also evaluated the signing and striping as adequate for the intersection.

However, engineering judgment should always be included in any decision regarding traffic safety improvements. Intersection lighting was also verified and found to be adequate as there is one street light located at the northeast corner of the intersection. [n regards to pedestrian and bicycle activity, field observations confirmed a low activity of both, especially for any crossing the major roadway of Wildwood Canyon Road at this lntersectlon
It was also determined that southbound drivers along Oak View Road do have a clear line of sight when stopped and looking both ways at approaching Wildwood Canyon Road traffic. It is important to note, after a southbound driver first stops behind the limit line to look and yield to any pedestrians/bicyclists that may be crossing Oak View Road, if the initial stopping point does not provide adequate sight visibility, when clear it is acceptable for the driver to slowly creep their vehicle forward for increased visibility of approaching cross-traffic, as long as the front of the vehicle does not impede cross-traffic.

Hartzog & Crabill,, Inc 1018503/11/2024 City Council Agenda

RECOMMENDATIONS
In overall summary, the evaluation resulted in no 'required' improvements. However, the following signing & striping 'suggestions' are provided for the City's consideration:
o Refresh the existing signing & striping and markings atlnear the intersection. o Add Side-Street Ahead (W2-2) warning signs on Wildwood Canyon Road, in advance of the intersection. May also add street name supplemental placard. o In order to further complete the centerline striping right at the intersection, it is suggested to add certain double-yellow striping as indicated in the attachment in Appendk D.
o Add a Double-Anow (€)) (Wl-7) end-of-roadway warning sign on the south- side of Wildwood Canyon Road, facing southbound Oak View Road traffic as they stop.
o [n order to ensure adequate sight distance is maintained at all times, consider restricting on-street parking on the north-side of Wildwood Canyon Road, on both sides of Oak View Road, for at least one, and up two, parking spots. . Consider adding a short double-yellow centerline on Oak View Road at the intersection with Wildwood Canyon Road.
o As part of a larger roadway project for Wildwood Canyon Road, when the City has secured the additional ROW, the City may consider restriping the left-turn pocket to provide a minimum 50 feet of storage for two (2) cars. In addition, the left-turn pocket may be lengthened to allow some or all the deceleration to occur in the left-turn pocket.

Hartzog & Crabill, Inc.ll
Focused Intersection Evaluation - Wildwood Canyon Roud st Oak View Road, in Yucuipa, CA 18603/11/2024 City Council Agenda

APPENDIX A
5-YEAR

INTE,RSECTION COLLISION HISTORY
18703/11/2024 City Council Agenda

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APPENDIX B

AVERAGE DAILY TRAFFIC (ADT)

COUNT DATA
18903/11/2024 City Council Agenda

Day: Thursday
Date: 4/2712023
City: Yucaipa
Project f : CA2 3_030028_001_002_003
Prepared by National Data & Surveying Services
VOLUME
Wildwood Canyon Rd & Oak View Rd
WB
2,675
EB
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Total
5,732
OO:OO
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2 0
2 4
5 0
2 2
0 0
0 0
7 0
4 5 17
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12:15
12:30
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31 35
49 35
44 4l
34 35
1 0
0 2 155 t523
76 77
83 74 310
01:00
01:15
01:30
O1:45
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0 2
4 0
0 0
0 0
1 0 1 4 5
7 t
1 2 11
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13:15
13:30
13:45
43 4345 3943 52t2 59 190 58 192
4 3
1 4
90 87
96 12L 394
02:00
02:15
02:30
O2:45
t
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2 0
3 3
1 0
0 0
0 7 5
1 4
4 3 L2
14:fi)
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14:30
14:45
54 47
49 46
55 49
50 75
2 1
3 2 8 239 195
111
97 LL2
L23 443
03:00
03:15
03:30
03:45
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3 1
1 0
1 0
0 0
0 0 2 7
3 1
4 1 9
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114
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77 66
54 1
1 2
1 5 273 198
135
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LL4 475
05:00
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05:45
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814 20 47
0 1
5 8
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1 2 6 67
10 13
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17:15
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43 32
60 69
52 64
4 2
1 0 7 245 147
99 108
95 95 3qq
06:00
06:15
06:30
O6:45
L2 1910 24
18 45
19 59 43 131
3 1
1 0 5
34 35
64 62 195
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18:30
18:45
37 34
30 26
67 63
54 67
1 0
4 1 5 25L L27
105
97 88
94 384
07:00
07:15
07:30
07:45
74 100
90 76
33 49
32 39
5 3
4 1 15-3 34013 505
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L26
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19:30
19:45
19 2L
18 30
56 39
43 45
0 0
2 1 3 183 88
75 60
63 76 274
08:00
08:15
08:30
O8:45
52 62
28 62
3t 64
33 L44 55 244
0 1
3 5 9
L14
91 98
94 397
20:0O
20:15
20:30
20:45
20 19
9 L4
31 35
28 19
1 0
0 0 1 113 62
52 54
37 33 176
09:00
09:15
09:30
09:45
38 36
33 34
30 33
54 38 155
5 3
1 4 14113
73 72
88 76 309
21:00
21:15
21:30
2L245
248
2L 23
20 1124 89 11 s3
0 0
1 0 1
32 44
32 3S 141
10:00
10:15
10:30
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1 3
2 2 8
69 73
79 55 287
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51 3533 3s
40 153 39 155
2 3
1 2 8
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69 81 3L7
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3 1
11 4
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15 5
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TOTALS 64 838 L245 2L47 TOTATS 55 2099 1430 358s
SPLIT %3.00/o 39.0% 59.00/o 37.5%SPLIT %t.6%58.5% 39.9%62.s%o AM Peak Hour
AM Pk Volume
Pk Hr Factor
08:30 07:15 07:00 07:15
15 L72 340 508

0.800 0.827 0.8s0 0.836
PM Peak Hour
PM Pk Volume
Pk Hr Factor
15:15
31s

0.895
13:00 13:30 15:15
t2 2LL 515

0.750 0.909 0.882
22 584 903
07:00 07:15 07:00 07:15
13 L72 340

0.550 o.827
7-9
7-9PeakHour
- 9 Pk Volume
L2 518 345
15:30 15:00 15:00 16:00
9 273 198 476

0.832 0.839 0.875
4-6
4-6PeakHour
- 6 Pk Volume

DAILY TOTALS SB
TOTALAM Period NB SB EB WB PM Period SB EB WBNB TOTAL
q
53 Total

5.732
DAILY TOTALS NB 5B
120
EB WB
2,937 2,675
297
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19003/11/2024 City Council Agenda

APPENDIX C

CALIFORNIA MUTCT)

STOPPING SIGHT DISTANCE AS A FANCTION OF SPEED
19103/11/2024 City Council Agenda

Road Type
Distance Between
A B c
Urban 25 or less 100 Eet 100 bet 100 b€t
Urban more than 25 mph to 40 mph 250 feet 250 bet 250 Eet Urban sp€ed) - moro than 40 mph 350 het 35O tset 350 bet Rural 500 Eet 5OO bet 5O0 bet
1,000 bet bet 2,640 bet
Calitornia MUTCD 2012 Edition
(FHWA's MUTCD 2009 Edition, as amended lor use in Calitbrnia) Page I 036
Table 6C-1 . Recommended Advance Warning Sign llinimm Spacing a
" The column headrrgs A. B. and C are the dimensions shown in Fqures 6H-1 through 6H-46. The A dimenson is the drstarrce horn the transrtion or point of restrrctirn to the ffst sqn The B drnenskrn is the distance betureen the first and second sqns The C dinrcnsron is the distance b€tween the second and thrrd s€ns (The'6rst sgn" rs the srgn in a thresgn senes that s cloGest to [le TTC zone. The thrrd srgrt' is the sgn ttrat is furthest upsbeam from ore TTC zone ) Table 6C-2. Stopping Sight Distance
as a Function of Speed
Speed'Distance
20 mph 115 bet
25 mph 155 bet
30 mph 200 Eet
35 mph 250 bet
4O mph 305 Eet
45 mph 360 bet
50 mph 425 bet
55 mph 495 bet
60 mph 570 be,t
65 mph 645 bet
70 mph 730 bet
75 mph 820 Eet
-/\-
' Posted speed, ofr-peak 8Sth-percentile speed prior to work starting, or the anticipated operating speed.

Can also be used as Stopping Sight Distance as suggested bufrer space length or location for flagger station.

Table 6C-3. Taper Length Criteria for
Temporary Traffic Control Zones
Note: Use Table 6C-4 to calculate L
Chapter 6C - Temporary Tratflc Control Elements
Part 6 - Temporary Traftic Control
Type of Taper Taper Length
Merging Taper at least L
Shilting Taper al least 0.5 L
Shoulder Taper at least 0.33 L
One-Lane. Two-Way Traffic Taper 50 feet minimum, 100 leet maximum Downstream Taper 50 feet minimum, 100 bet maximum
January 13. 2012
Expres*ny / Frearay
19203/11/2024 City Council Agenda

APPENDIX t)

SIGNING & STRIPING EVALUATION EXHIBIT
19303/11/2024 City Council Agenda

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ATTACHME,NT 3
19503/11/2024 City Council Agenda

ENGINEERING AND TRAFFIC SURVEY

FOR SPEED LIMITS

CITY OF YUCAIPA
MAY 2023
PREPARED FOR:

CITY OF YUCAIPA

PUBLIC WORKS DEPARTMENT
34272 YUCAIPA BOULEVARD
YUCAIPA, CALIFORNI A 92399
PREPARED BY:

HARTZOG & CRABILL,INC.
17852 EAST ITTH STREET, SUITE IOl
TUSTIN, CALIFORNI A 92680
(714) 731-9455
19603/11/2024 City Council Agenda

TABLE OF CONTENTS
Tablg of Contents .......... .......

Traffic Engineer's Certification .....

Introduction ............... ......

Speed Trap
Basic Speed Law...................

Prima Facie Speed Limits .....

Establishment of Spe ed Zones .....

Data Collection Procedures.........

Speed Zonine Methodology..... ........

Speed Zone Survey ...............

Local Street Exemptions .......

Other Considerations
Radar Collection Time-Frames....

Analysis Factors ...........................

Field Review....

Accident History . . . .. . .. ..... . ..... ... . ... ....,.. . . . . . . ... o...

Results and Recommendations ...................

Locations of No Speed Limit Changes
Appendix A - For Each Street Segment in the Survey
Data Summ ary Sheet...... . . . . . . .. ......... . . . . . . . .. ....... . .

Radar Speed Distribution Sheet
Survey Field Sheet ........

Appendix B - Certification
Radar Gun Certification
Technician Certification
PAGE
ll
iii
I
2 4
4 5
5 5
6 7
7 7
7 9
9 9
l0
l0Support Explanations for "No Speed Limit Changes"..

Summ ary of Recommendations
It 19703/11/2024 City Council Agenda

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19803/11/2024 City Council Agenda

CITY OF YUCAIPA

ENGINEERING AND TRAFFIC SURVEY FOR SPEED LIMITS
Introduction
In accordance with procedures established by the State of Califomia, this Engineering and Traffic Survey has been developed for the City of Yucaipa as the basis for the establishment and enforcement of speed limits for selected streets within the City. The work provided herein was authorized by the City and was performed by the engineering consulting firm of Hartzog & Crabill, Inc. The goal of the review was two-fold. The first was to review new roadway segments to determine if speed limit postings should be recommended. The second involved a determination as to whether changes in pre-existing conditions have occurred where older speed limits should be modified.

The requirement to perform Engineering and Traffic surveys for speed limits is based on the California Vehicle Code (CVC). CVC Section 40802 states that at least once every seven (7), or fourteen (14) years, States and local agencies should re-evaluate non-statutory speed limits on segments of their roadways. Recent changes to the CA MUTCD changed the policy and procedure for setting speed limits in California. Engineering and Traffic Surveys must be performed with the use of radar or other approved electronic devices if the use of radar is to be employed to enforce speed limits. If such a survey is not performed within seven years, or fourteen years as stated previously of the date of the preceding survey, then the new data and its use will constitute a "speed trap" (see page 2). Hence, evidence using such would not be admissible in court.

The definition of a Traffic and Engineering Survey is contained in Section 627 of the Vehicle Code and is as follows:

Engineering and Traffic survey, as used in this code, means a survey of highway and traffic conditions in accordance with methods determined by the California Department of Transportation (Caltrans) for use by State and local authorities. An engineering and traffic survey shall include, among other requirements deemed necessary by the department, consideration of the following:
(a) Prevailing speeds as determined by traffic engineering measurements. (b) Accident records.
(c) Highway, traffic and roadside conditions not readily apparent to the driver.

The California Vehicle code has set certain regulations regarding the posting and enforcement of speed zones. These regulations generally reflect the viewpoint that speed zoning should be based on traffic conditions and natural driver behavior and not because of an arbitrary response to a traffic event or occurrence. Therefore, it is important to have a general understanding of a "Speed Trap", "Basic Speed Law", "Prima Facie Speed Limits" and "Intermediate Speed Zones".

I 19903/11/2024 City Council Agenda

Speed Trap (CVC 40802)
(a) A "speed trap" is either of the following
( I ) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance. (2) A particular section of a highway with a prima facie speed limit that is provided by this code or by local ordinance under paragraph ( I ) of subdivision (b) of Section 22352, or established under Section 22354,22357 ,22358, or 22358.3, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects. This paragraph does not apply to a local street, road, school zone, senior zone, business activity district, or speed limit adopted under Section 22358.7 or 22358.8.
(b) ( I ) For the purposes of this section, a local street or road is one that is functionally classified as "local" on the "California Road Systems Maps," that are approved by the Federal Highway Administration and maintained by the Department of Transportation. It may also be defined as a "local street or road" if it primarily provides access to abutting residential property and meets the following three conditions:
(A) Roadway width of not more than 40 feet.
(B) Not more than one-half of a mile of unintemrpted length. Intemrptions shall include official traffic control signals as defined in Section 445. (C) Not more than one traffic lane in each direction.
(2) For purposes of this section, "school zone" means that area approaching a passing a school building or the grounds thereof that is contiguous to a highway and on which is posted a standard "SCHOOL" warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. "School zone" also includes the area approaching or passing any school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children if that highway is posted with a standard "SCHOOL" warning sign. (3) For purposes of this section, "senior zone" means that area approaching or passing a senior center building or other facility primarily used by senior citizens, or the grounds thereof that is contiguous to a highway and on which is posted a standard "SENIOR" warning sign, pursuant to Section 22352.
(4) For purposes of this section, "business activity district" means a section of highway described in subdivision (b) of Section 22358.9 in which a standard 25 mile per hour or 20 miles per hour speed limit sign has been posted pursuant to paragraph (l) of subdivision (a) of that section.
2 20003/11/2024 City Council Agenda

(c) (l) When all of the following criteria are met, paragraph (2) of this subdivision shall be applicable and subdivision (a) shall not be applicable:
(A) When radar is used, the arresting officer has successfully completed a radar operator course of not less than 24 hours on the use of police traffic radar, and the course was approved and certified by the Commission on Peace Officer Standards and Training. (B) When laser or any other electronic device is used to measure the speed of moving objects, the arresting officer has successfully completed the training required in subparagraph (A) and an additional training course of not less than two hours approved and certified by the Commission on Peace Officer Standards and Training. (C) (i) The prosecution proved that the arresting officer complied with subparagraphs (A) and (B) and that an engineering and traffic survey has been conducted in accordance with subparagraph (B) of paragraph (2). The prosecution proved that, prior to the officer issuing the notice to appear; the arresting officer established that the radar, laser, or other electronic device conformed to the requirements of subparagraph (D). (ii) The prosecution proved the speed of the accused was unsafe for the conditions present at the time of alleged violation unless the citation was for a violation of Section 22349,22356, or 22406.
(D) The radar, laser, or other electronic device used to measure the speed of the accused meets or exceeds the minimal operational standards of the National Highway Traffic Safety Administration, and has been calibrated within the three years prior to the date of the alleged violation by an independent certified laser or radar repair and testing or calibration facility. (2) A "speed trap" is either of the following:
(A) A particular section of a highway measured as to distance and with boundaries marked, designated, or otherwise determined in order that the speed of vehicle may be calculated by securing the time it takes the vehicle to travel the know distance. (B) (i) A particular section of a highway or state highway with a prima facie speed limit that is provided by this code or by local ordinance under paragraph (l) of subdivision (b) of Section 22352, or established under Section 22354,22357,22358, or 22358.3, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within one of the following time periods, prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects:
(I) Expect as specified in subclause (II), seven years. (II) If an engineering and traffic survey was conducted more than seven years prior to the date of the alleged violation, and a registered engineer evaluates the section of the highway and determines that no significant changes in roadway or traffic conditions 3 20103/11/2024 City Council Agenda

have occurred, including, but not limited to, changes in adjoining property or land use, roadway width, or traffic volume, l4 years.
(ii) This subparagraph does not apply to a local street, road, or school zone, senior zone, business activity district, or speed limit adopted under Section 22358.7 or 22358.8. (Amended by Stats. 2022, Ch. 406, Sec. 5. (AB l93S) Effective January l, 2023) Basic Speed Law (CVC 22350)
All fifty states base their speed regulations on the Basic Speed Law. In California, CVC 22350 defines the basic speed law as:
"No Person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property." This law recognizes that driving conditions vary widely from time-to-time and place-to-place and, therefore, no set of fixed driving rules will adequately serve all conditions. The motorist will constantly adjust their driving behavior to fit the conditions encountered, and must leam to do this with a minimum of assistance from the police. The Basic Speed Law is founded on the belief that a majority of motorists are able to modify their driving behavior properly, as long as they are aware of the conditions around them.

Prima Facie Speed Limits (CVC 22352)
All other speed limits are prima facie limits which, "on the face of it", are reasonable and prudent under normal conditions. The opportunity given to the driver to exceed a prima facie speed limit when it is safe to do so recognizes the fact that any posted speed limit cannot adequately reflect the many different conditions of traffic, weather, visibility, etc., that may be found on the same highway at different times.

Certain prima facie limits are automatically established by law (CVC 22352), including a l5 mph limit in alleys, blind intersections, blind railroad crossing, and the 25 mph limit in business and residence districts. There is also a part time 25 mph limit in school zones when children are present in route to or from school. There is also a 25 mph limit when passing a senior center or other facility primarily used by senior citizens, contiguous to a street other than a state highway and posted with a standard "SENIOR" warning sign.

Business and residence districts are defined in the Vehicle Code as specific areas meeting a specified minimum density of roadside development. CVC Sections 235 and 515 define these regulations. A count of houses or active businesses facing on a highway must be made to determine whether or not a valid business or residence district exists. The law does not require posting these prima facie limits that are readily apparent. 4 20203/11/2024 City Council Agenda

l.

2. Establishment of Speed Zones
The reason that speed limit areas and their required postings are done is to guard reasonable drivers from the unreasonable behavior of reckless, unreliable, or otherwise dangerous drivers.

As with other similar laws, the limits identified are based on the consensus of the majority of those who drive the highway as to what speed is reasonable and safe. It is this type of information that is reflected in the analysis section of this report. Namely, posted speed limits are a reflection of that speed which most people deem to be safe as opposed to a minority of drivers who do not drive in a reasonable manner.

Speed zones are also established to advise of road conditions or hazards that may not be readily apparent to a reasonable driver. For that reason, a field review of related road/traffic variables is conducted which considers the analytical data and accident history of a particular roadway segment to determine a safe and reasonable speed limit.

Data Collection Procedures
Speed evaluation data was collected at two different survey segments on one roadway in the City of Yucaipa. These areas and the number of segments on each are described as follows:

Wildwood Canyon Rd
Mesa Grande Dr to Oak Mesa Dr
Oak Mesa Dr to Oak Glen Rd
As described in various traffic engineering documents - including information provided by the State of California, the individual locations on which radar data collection procedures were used involved considerations for the following:
a. Stop sign or traffic signal locations;
b. Visibility issues;
c. Traffic flow at intersections, cross-traffic, major driveways, crosswalks, railroad crossings and unusual turning movements;
d. The influence of other traffic factors on the speed of cars: such as on street parking, roadway features, adjacent land uses, and lighting.
e. Presence of pedestrian or bicyclists.

Speed Zonins Methodolosv
The Califomia Manual on Uniform Traffic Control Devices (CA. MUTCD) specifies a "short method of determining speed limits on City and County through Highways, Arterial and Collector Roads Procedures.

Introduction - This short method of speed zoning is based on the premise that the reasonable speed limit is one that conforms to the actual behavior of the majority of motorists, and that by measuring motorist's speeds, one will be able to select a speed limit that is both reasonable and effective. Other factors that need to be considered include, but are not limited to: the most recent two-year collision record, roadway design speed, safe stopping sight distance, super-elevation, 5 20303/11/2024 City Council Agenda

shoulder conditions, profile conditions, intersection spacing and offsets, commercial driveway characteristics, pedestrian traffic in the roadway without sidewalks.

Speed Zone Survev
- Only one person is required for the fieldwork. Speeds can be read directly from a radar speed meter.
- A section of road should be selected with representative operating speeds. If speeds vary on a given road, additional surveys should be conducted. In this case, it may be necessary to establish additional speed zones with different speed limits. The section selected should be straight and should have no traffic signal, stop sign or intersection with a major cross street. - Speed measurements should be taken during off-peak hours on weekdays. The weather should be fair with no unusual conditions prevailing. It is important that the surveyor and his equipment be so inconspicuous as not to affect traffic speeds. For this reason, an unmarked car is recommended, with the radar speed meter located as inconspicuously as possible. It should be placed so as to be able to survey traffic in both directions, and should not make an angle greater than 15 degrees with the roadway centerline.
- The survey should have a minimum sample of 100 automobiles in each survey. This may result in excessive survey periods for low-volume roads. Under these conditions, the survey should be conducted for a minimum of two hours, but in no case should the sample for any survey contain less than 50 automobiles.
- The California MUTCD states that speed limits are established at or near the 85th percentile speed, which is defined as that speed at or below which 85 percent of the traffic is moving. This speed can be selected directly from the data sheet. However, roadway conditions not readily apparent to the motorist or other roadway conditions that may impact sight distance may result in a further reduction of 5 mph in the recommended speed limit. - As a check on the validity of the proposed speed limit, an analysis should be made of the two- year accident record for the section of roadway under consideration. If this record shows an abnormally high percentage of accidents normally associated with excessive speeds, the proposed speed limit should be further reduced. This is a judgment situation, and will not usually be a factor,
- Short speed zones of less than half a mile should be avoided, except in transition areas - Speed zone changes should be coordinated with changes in roadway conditions or roadway development.
- Speed zoning in 5 mile per hour increments should be avoided if possible. A l0-mile per hour increment is preferable.
- Speed zoning should be coordinated between adjacent jurisdictions. 6 20403/11/2024 City Council Agenda

Local Street Exemptions (CVC 40802)
Many streets are designated as "Local" streets per CVC 40802. These streets are exempt from the radar study. Therefore, the speed limit for these streets does not require an Engineering and Traffic Survey. The code is as follows:
"For the purpose of this section, local streets and roads shall be defined by the latest California Road System Maps as approved by the Federal Highway Administration. When these streets do not appear on the Califomia Road System Maps, the following definition shall be used: A local street or road primarily provides access to abutting residential property and shall meet the following three conditions:

I . Roadway width of not more than 40 feet.

2. Not more than one half mile of unintemrpted length.

3. Not more than one traffic lane in each direction.

Other Considerations
Every street should be inspected for unusual traffic, roadway and roadside conditions not readily apparent to a motorist. A check should be made of the adequacy of traffic control devices, roadway alignment, width surface conditions, accident history and any unique traffic hazards that may exist. Any of these conditions may warrant the selection of a speed lower than the 85th percentile speed for speed zoning.

Radar Collection Time Frames
The hours of radar operation were restricted to off-peak periods for heavily traveled streets and to uncongested peak periods on lightly traveled streets. All surveys were conducted in fair weather.

The radar unit was mounted at the top of the front dash of an unmarked vehicle with the meter- reading unit sustained inside the vehicle. The radar unit's calibration was checked periodically using a tuning fork.

The radar operator and assistant recorded the speed meter readings for each location on Radar Speed Survey Field Sheets included in the appendix of this report. A representative sampling of at least 50 vehictes were surveyed in each direction or a cumulative sample of 100 vehicles for both directions where possible. On low volume roads, where a total sample of 100 vehicles would result in an excessive time period, sampling was continued until a representative bell- shaped frequency distribution was attained.

Analvsis Factors
Several factors were used as input to our recommendations for speed limits. These include the 85th Percentile, the l0 MPH Pace and others. These are described in detail below. 7 20503/11/2024 City Council Agenda

I The CRITICAL SPEED, or the 85th percentile is defined as that speed at or below which 85 percent of the traffic is moving. From experience, traffic engineers have found that this is one of the most reliable factors in determining appropriate speed limits.

Hence, the accepted practice, and one that has been used in this case is to set the speed limit at or near the critical speed. This recognizes that other factors could be present where the above may not be appropriate. When this procedure is used, it not only conforms to that required by the State but it also provides a strong base for law enforcement personnel to properly enforce speed limits.

2. The 10 MPH PACE is that continuous l0 mph incremental range of speeds in which the largest number of recorded vehicles is contained. It is a measure of the dispersion of speeds within the sample surveyed. For this element, the accepted practice to the greatest extent possible is to try and keep the recommended speed limit within the l0 mph pace after considering the critical speed and any factors requiring a speed lower than the critical speed.

3. The MEDIAN (MIDDLE) SPEED, or 50th percentile speed, represents the mid-point value within the range of recorded speeds for a particular roadway location. In other words, 50oZ of the vehicles travel faster, and 50o/o travel slower than the median speeds. This value is another measure of the central tendency of the vehicle speed distribution.

4. The 15th PERCENTILE SPEED is that speed at or below which lloh of the vehicles are traveling. This value is important in determining the minimum allowable speed limit, given that the vehicles traveling below this speed tend to obstruct the flow of traffic, thereby increasing the accident potential.

5. MODAL SPEED: The modal speed is the speed, which occurs most frequently in the distribution (the most). It serves as another useful measure in verifying the correct recommendation for speed limits.

6. STANDARD DEVIATION: This is a mathematical element, which relates to measures of dispersion of data. It is used to assist in describing the center of speed distribution information around the arithmetic mean or the time mean speed. It also is used in the overall review of recommended speed limits and serves to verify the level of confidence of data used in making recommendations.

7. The MEAN (AVERAGE) is the sum of the speeds of the samples divided by the number of samples.

The numerical values of the above factors are derived from the speed distribution curves calculated for each survey location. These distribution curves represent a method of graphic analysis that compares the cumulative percentage of vehicles to the speed at which the vehicles are traveling.
8 20603/11/2024 City Council Agenda

Field Review
In addition to the availabiliry of the above statistical data, a significant aspect of speed limit recommendations is based on the field review. Its importance is that existing conditions may warrant a lower speed than is actually indicated by the application of survey data. Examples of the field data collected for the purposes of analyzing related roadway characteristics as they pertain to the determination of appropriate speed limits are listed below:
l. Segment length, width and alignment

2. Level of pedestrian activity

3. Traffic flow characteristics

4. Vertical and/or horizontal curves.

5. Driver sight distance constraints.

6. Adjacent residential/commercial/industrial etc. zoning.

7. Number of lanes and other channelization/striping factors

8. Frequency of intersections, driveways and on street parking;

9. Location of stop signs, traffic signals, and other regulatory traffic control devices;

10. Roadway conditions, bumps and dips;
I l. Obstnrctions to pedestrian visibility;

12. Land use and proximity of schools;

13. Uniformity with existing speed zones to/with adjacent jurisdictions;

14. Any other unusual conditions not readily apparent to the driver.

The results of the field review of related road/traffic variables are summarized on the Engineering and Traffic Survey forms found in the Appendix of this report.

Accident Historv
The Engineering and Traffic Survey forms summarize the available two-year accident information for the subject streets. The accident information includes the total number of accidents within each street segment and of those accidents, the number that are speed-related.

This information was obtained from the California Statewide Integrated Traffic Records System (SWITRS) for the City of Yucaipa.

The annual accident rate figures represent the number of speed-related accidents divided by years of accident records. The evaluation of accidents is useful as a check on the accuracy of recommended or existing speed limits. Should this review show a high percentage of accidents associated with excessive speeds, consideration based on professional traffic engineering judgment should be directed toward reducing the posted or recommended speed limit.

Results and Recommendations
The following Summaries: No Speed Limit Changes and the Summary of Recommendations presents the results of the radar survey for the selected two locations. As shown, the Summary of Recommendations chart presents the necessary analysis elements that in addition to the field review of a registered traffic engineer led to the recommendations indicated. 9 20703/11/2024 City Council Agenda

Locations of "No Speed Limit Changes"
The Summary indicates that both of the segments studied are recommended for no speed limit changes. The reason centers mostly on the fact that the newly measured values of the 85th percentile and the l0 MPH pace are still within the parameters of the existing speed limits.

Additional factors such as the presence of horizontal or vertical curves reducing sight distance form the basis in some instances of our recommendation. Therefore, the current postings should remain as is, are listed below:

Wildwood Canyon Road
Mesa Grande Dr to Oak Mesa Dr
Oak Mesa Dr to Oak Glen Rd
Remain posted at 45 mph
Remain posted at 45 mph
Support Explanations for "No Speed Limit Changes"
The following are support explanations for the roadway segments that the recommended speed limit is 5 mph lower or more than the newly measured 85th percentile. The various reasons for the recommendations are provided below.

Wildwood Canvon Road
Mesa Grande Drive to Oak Mesa Drive
This portion of Wildwood Canyon Road is a rural two lane roadway. The posted speed limit is 45 mph. The roadway features include one lane of travel per direction, areas of narrow to no shoulders, no pedestrian traffic, no sidewalks, no curb and gutter, minimal bicycle activity, and bear and deer signs posted along this rural roadway. Also, the roadway is winding with constant gradual to moderate vertical and horizontal curves. The speed survey resulted with an 85th percentile of 50.6 mph, and a 10 mph pace range of 42 mph to 5l mph. Although the speed data may suggest a higher speed, but with the roadway curves, areas of limited sight, it is recommended that the existing 45 mph speed limit be maintained.

Oak Mesa Drive to Oak Glen Road
This portion of Wildwood Canyon Road has one lane of travel per direction with a posted speed limit of 45 mph. Field notes state the area has no pedestrian traffic, low number of bicycle activity, and bear and deer signs posted along this rural roadway. The roadway features include a areas that are nalTow with no shoulders, no sidewalks, and constant gradual to moderate vertical and horizontal curves (winding roadway). The sight distance is limited at these curves. The speed survey resulted with an 85th percentile of 50.8 mph, and a l0 mph pace range of 4l mph to 50 mph. Although the speed data may suggest a higher speed limit, with the limited sight distance, the roadway curvature, narrowness and winding roadway, it is recommended that the existing 45 mph speed limit remain.
r0 20803/11/2024 City Council Agenda

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APPE,NDIX A
21003/11/2024 City Council Agenda

ENGINEERING AND TRAFFIC SURVEY

CITY OF YUCAIPA
WTLDWOOD CANYON ROAD MESA GRANDE DRIVE TO OAK MESA DRIVEHCIDATE:

TIME:
511512023
12:00 PM - 12:45 PM
SURVEY BY:

CHECKED BY:

C. BUENDIA

JERRY STOCK

PREVAILING SPEED DATA

LOCATION OF SURVEY

DATE OF SURVEY
85th PERCENTILE
10 MPH PACE

PERCENT IN PACE
POSTED SPEED L!MIT

EAST OF CANYON
511s12023

50.6 MPH
42 - 51 MPH

71.4 %
45 MPH

ACCIDENT HISTORY
NO. OF MONTHS OBSERVED

SPEED-RELATED ACCI DENTS

TOTAL ACCIDENTS

ANNUAL ACCIDENT RATE
ACC./MILLION VEH. M!LES
24 2
3 1.00 ACCTDENTS PER YEAR (SPEED RELATED ONLY)

0.48 ACCIDENTS PER MVM (SPEED RELATED ONLY)

TRAFFIC FACTORS

AVERAGE DAILY TRAFFIC

LANE CONFIGURATION

TRAFFIC CONTROLS

CROSSWALKS

PEDESTRIAN/BICYCLES

TRUCK TRAFFIC

ON-STREET PARKING
OTHER
5,500
1 LANE PER DIRECTION

STOP - MESA GRANDE
AT MESA GRANDE / CANYON (sch xing-w/Flashing Beacon)

NO / FEW
FEW

NO PARKING ANYTIME
AREAS OF NARROW ROADWAY w/NO SHOULDERS

ROCK SLIDE AREA I BIKE LANES

ROADWAY FACTORS

LENGTH OF SEGMENT (MILES)

VERTICAL CURVE

HORIZONTAL CURVE

LATERAL VISIBILITY

ROAD CONDITIONS

SIDEWALKS / CURBS

DRIVEWAYS

STREET LIGHTING
OTHER

1.03 CONSTANT SLIGHT - GRADUAL UP/DOWNHILL GRADES
CONSTANT GRADUAL - MODERATE "S": CURVES (WINDING ROAD)
LIMITED SIGHT DISTANCE (areas of very)
FAIR.GOOD

NO / PARTIAL
FEW
YES

SOLID DBL YELLOW CENTERLINE
EQUESTRIAN SIGNS / DEER XING ANd BEAR SIGNS
/ WILDWOOD PARK / OPENRESIDENTIAL-ruralLAND USE

RECOMMENDED SPEED LIMIT MPH
NO CHANGESPEED L!MIT CHANGE
USTIFICATION:

This portion of Wildwood Canyon Road is a rural two lane roadway. The posted speed limit is 45 mph. The roadway features include one lane of travel per direction, areas of narrow to no shoulders, no pedestrian traffic, no sidewalks, no curb and gutter, minimal bicycle activity, and bear and deer signs posted along this rural roadway. Also, the roadway is winding with constant gradual to moderate vertical and horizontal curves. The speed survey resulted with an 85th percentile of 50.6 mph, and a 10 mph pace range of 42 mph to 51 mph. Although the speed data may suggest a higher speed, but with the roadway curves, areas of limited sight, it is recommended that the existing 45 mph speed limit be maintained.

File: Wildwood 2023-01
21103/11/2024 City Council Agenda

RADAR SPEED DISTRIBUTION SHEET

HCI CITY OF YUCAIPA

WILDWOOD CANYON ROAD
DATE: 511512023
TIME: 12:00 PM 12:45 PM

MESA GRANDE DRIVE TO OAK MESA DRIVE
SURVEY BY: C. BUENDIA
CHECKED BY: JERRY STOCK
UPPER LIMIT 1O MPH PACE:

LOWER LIMIT 1O MPH PACE:

PERCENT OVER PACE:

PERCENT IN PACE:

PERCENT UNDER PACE:
51 42

12.6 71 .4

15.9 MPH
MPH
o//o
o/to
ot/o
85th PERCENTILE SPEED
MEDIAN SPEED:
1sth PERCENTILE SPEED

50.6 45.9

40.8 MPH
MPH
MPH
SPEED 5
NUMBER OF VEHICLES10 15 20 25 VEH PCT
CUM.

PCT.
60 55
50 45
40 35
30 25
20 15
100 .Oo/"
100 .Oo/"
1 .1o/o 100 .Oo/o
X X 1.6%98.9%
X X 2.7%97.3o/o

1.1%945%
X 3.3%93.4%
X X 2.7o/"90.1o/"
X X X 11 6.0%87.4o/"
X X 10 5.5o/o 81 .3o/"
x X X X X 19 7 5.8o/o
X X X X 12 6.6%65.4o/o
X 15 8.2%58.8%
X X 11 6.O"h 50.5%
X X X X X 22 44.5o/o
X X 10 5.5%32.4o/o
X X 'l t 5.5%26.9Yo
X X 10 5 5o/"21 .4%
X X I 4.9o/"15 9o/"
X 4.9o/"11 .Oo/"
X 1 .60/o 6.0%
1 0.5%4.4o/o

0.5%3.8%
X O.5o/"3 3o/"
1 .1o/"2.7o/"
X 0.5%1 .60/"

0.0%1.1%

0.5%1.1%
(O Oo/"o.5%
1 O.5o/" O 5o/"
O.Oo/o

0.00/,

0.0%

0.0%
o.o%
O Oo/"
O.Oo/"

0.00/,

0.0%

0.0%
O.Oo/"
O.Oo/"
O.0o/o

0.0%

0.0%
)182
21203/11/2024 City Council Agenda

RADAR SPEED DISTRIBUTION SHEET
HCI

CITY OF YUCAIPA

WILDWOOD CANYON ROAD
DATEi 511512023
TIME: 12:00 PM 12:45 PM

MESA GRANDE DRIVE TO OAK MESA DRIVE
SURVEY BY: C. BUENDIA
CHECKED BY: JERRY STOCK
100 .0%
100 .0%
100 .0%
100 .0%

98.9%

97.3%

94.50/

93.4o/o

90.1%

87.4%
81 3%

75.8%

65.4%

58.8%

50.5%
445%

32.4%

26.9%
21 .4%

15.9%

11.0%

6.0%

4.4%

3.8%

3.3%

2.7%

1.6%

1.1%

1.1%

0.s%

0.5%

0.0%

0.0%

0.0%

0.0%

0.0%

0.0%

0.0%

0.0%

0.0%

0.0%

0.0%

0.0%

0.0%

0.0%

0.0%
}PACE
)PACE - - -85PCT
}PACE
}PACE
}PACE
}PACE
)PACE - - -MEAN
}PACE
}PACE
}PACE
1 sPCT
UPPER LIMIT 1O MPH PACE:

LOWER LIMIT 1O MPH PACE
PERCENT OVER PACE:

PERCENT IN PACE:

PERCENT UNDER PACE:
51 42

12.6 71 .4

15.9 MPH
MPH
%
o//o
o//o

50.6 45.9

40.8 MPH
MPH
MPH
85th PERCENTILE SPEED
MEDIAN SPEED:
15th PERCENTILE SPEED
SPEED
CUMMULATIVE PERCENT40 60 80 10020
60 59
58 57
56 x
x
x
x
x
55 54
53 52
51 X
X
X
X
X
50 49
48 47
46 x
X
X
X
X
45 44
43 42
41 X
X
X
X
X
40 39
38 37
36 X
X
X
X
X
35 34
33 32
31 X
X
X
X
X
30 29
28 27
26 X
X
X
X
X
25 24
23 22
21 X
X
X
X
X
20 19
18 17
16 15
Wildwood 2023-01
21303/11/2024 City Council Agenda

HCI

ENGINEERING AND TRAFFIC SURVEY

CITY OF YUCAIPA

WILDWOOD CANYON ROAD OAK MESA DRIVE TO OAK GLEN ROAD
DATE
T!ME:
511512023
1:00 PM 1:50 PM
SURVEY BY:

CHECKED BY:

C. BUENDIA

JERRY STOCK
JUSTIFICATION:

This portion of Wildwood Canyon Road has one lane of travel per direction with a posted speed limit of 45 mph. Field notes state the area has no pedestrian traffic, low number of bicycle activity, and bear and deer signs posted along this rural roadway.

The roadway features include a areas that are narrow with no shoulders, no sidewalks, and constant gradual to moderate vertical and horizontal curves (winding roadway). The sight distance is limited at these curves. The speed survey resulted with an 85th percentile of 50.8 mph, and a 10 mph pace range of 41 mph to 50 mph. Although the speed data may suggest a higher speed limit, with the limited sight distance, the roadway curvature, narrowness and winding roadway, it is recommended that the existing 45 mph speed limit remain.

PREVAILING SPEED DATA

LOCATION OF SURVEY

DATE OF SURVEY
85th PERCENTILE
10 MPH PACE

PERCENT IN PACE

POSTED SPEED LIMIT

MID-WAY EAST OF OAK MESA
5115t2023

50.8 MPH
41 - 50 MPH

71.7 %
45 MPH
40 MPH ADVISROY (at curves)

ACCIDENT HISTORY
NO. OF MONTHS OBSERVED

SPEED-RE LATED ACC I DENTS

TOTAL ACCIDENTS

ANNUAL ACCIDENT RATE
ACC./MILLION VEH. MILES
24 1
2 0.50 ACCTDENTS pER YEAR (SPEED RELATED ONLY)

0.23 ACCTDENTS pER MVM (SPEED RELATED ONLY)

TRAFFIC FACTORS

AVERAGE DAILY TRAFFIC

LANE CONFIGURATION

TRAFFIC CONTROLS

CROSSWALKS
PEDESTRIAN/B!CYCLES
TRUCK TRAFF!C

ON-STREET PARKING
OTHER
3,800
1 LANE PER DIRECTION

STOP - OAK GLEN
NONE

NO / FEW
NO

PERMITTED, NONE OBSERVED
AREAS OF NARROW ROADWAY w/NO SHOULDERS

PAINTED BIKE LANES / DEER SIGNS & BEAR SIGNS

ROADWAY FACTORS

LENGTH OF SEGMENT (MILES)

VERTICAL CURVE

HORIZONTAL CURVE

LATERAL VISIBILITY

ROAD CONDITIONS

SIDEWALKS / CURBS

DRIVEWAYS

STREET LIGHTING
OTHER

1.58 GRADUAL - MODERATE UP/DOWNHILL GRADES
GRADUAL - MODERATE "S": CURVES (WINDING ROAD)
LIMITED SIGHT DISTANCE (areas of very)
FAIR (w/Areas Resurfaced)
NO / YES (Partial)
NO
NO

SOLID DBL YELLOW CENTERLINE

LAND USE / OPEN RURALRESIDENTIALI
RECOMMENDED SPEED LIMIT 45 MPH

SPEED LIMIT CHANGE NO E
File: Wildwood 2023-0221403/11/2024 City Council Agenda

RADAR SPEED DISTRIBUTION SHEET
HCI CITY OF YUCA!PA

WILDWOOD CANYON ROAD
DATE: 511512023
TIME: 1:00 PM 1:50 PM

OAK MESA DRIVE TO OAK GLEN ROAD
SURVEY BY: C. BUENDIA
CHECKED BY: JERRY STOCK

VEH PCT
CUM
PCT.

NUMBER OF VEHICLES10 155 20 25SPEED
4 2.4o/" 100 .Oo/ox
1 .2o/"97.60/o

0.6%96.4o/o
I 2.4o/o 95.8%

1.2%93.4o/o

3.6%92.2YoX
4 2.4%88.6%X X X
o6%86.1o/"

3.O"/"85.5%X X X
12 7.2o/" 82.5o/"X X
11 6.6%7 5.3o/oX
13 7.8o/"68.7o/oXx
X 16 9.60/o 60.8%X X
X X X 14 8.4%51 .2Y,x X
X X 1l 11.4%42.lYoX
X 7 4.2%31 .3%
4 2o/"27 1o/"X X
11 66%22.9o/"X X I 5.4o/" 16.3o/"X X
5 3.0o/o 10.8o/o
1 .8o/o 7.8o/o
I 2.4% 6.0%X X X
1 2o/"3 5ol"I
O.O"/"2.4o/"

0.6%2.4o/o

0.0%1 .8o/"

0.6%1.80h

0.0%1.2%
1 0.6%1.2%X
1 0.601 0.6%X
O.Oo/o

0.0%

0.0%

0.0,1
o.o%
O.Oo/o

0.0%

0.0%

0.0%

0.0%
O.Oo/"

0.0%

0.00/,

0.jYo

0.0%
25 15
50 30
20 60
55 45
40 35
)166

IIIIIIIIIIIIIIIII
UPPER LIMIT 1O MPH PACE:

LOWER LIMIT 1O MPH PACE:

PERCENT OVER PACE:

PERCENT IN PACE:

PERCENT UNDER PACE:
50 41
17 .5
71 .7

10.8 MPH
MPH
o//o
%
%
85th PERCENTILE SPEED:

MEDIAN SPEED:
1sth PERCENTILE SPEED:

50.8 45.9

40.8 MPH
MPH
MPH
6 5
(
(
0 21503/11/2024 City Council Agenda

RADAR SPEED DISTR!BUTION SHEET
HCI

CITY OF YUCAIPA

WILDWOOD CANYON ROAD
DATE:511512023
TIME: 1:00 PM 1:50 PM

OAK MESA DRIVE TO OAK GLEN ROAD
SURVEY BY: C. BUENDIA
CHECKED BY: JERRY STOCK
100 .0o/o
100 .0%

97.6%

96.4%

95.8%

93.4%

92.2%

88.6%

86.1o/o

85.5%

82.5%
753%

68.7%

60.8%
51 .2%

42.8%
31 3%
271%

22.9%

16.3%

10.8%

7.8%

6.0%

3.6%

2.4%
}PACE . - -85PCT
}PACE
}PACE
}PACE
}PACE
)PACE - - -MEAN
}PACE
}PACE
}PACE
}PACE
- - -1sPCT

2.4%

1.8%
1 .8o/o

1.2%

1.2%

0.6%

0.0%

0.0%

0.0%

0.0%

0.0%

0.0%

0.0%

0.0%

0.0%

0.0%

0.0%

0.0%

0.0%

0.0%

0.0%
UPPER LIMIT 1O MPH PACE:

LOWER LIMIT 1O MPH PACE
PERCENT OVER PACE:

PERCENT IN PACE:

PERCENT UNDER PACE:
50 41

17.5 71 .7

10.8 MPH
MPH
o//o
o//o
o//o
85th PERCENTILE SPEED:

MEDIAN SPEED:
1sth PERCENTILE SPEED:

50.8 45.9

40.8 MPH
MPH
MPH
SPEED
CUMMULATIVE PERCENT40 6020 80 100
60 59
58 57
56 x
X
X
X
X
55 54
53 52
51 x
X
X
X
X
50 49
48 47
46 X
X
X
X
X
45 44
43 42
41 X
X
X
X
X
40 39
38 37
36 X
X
X
X
X
35 34
33 32
31 X
X
X
X
X
30 29
28 27
26 X
X
X
X
X
25 24
23 22
21 X
X
X
X
X
20 19
18 17
16 15
X
X
X
X
X
X
Wildwood 2023-02
21603/11/2024 City Council Agenda

APPE,NDIX B
21703/11/2024 City Council Agenda

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21803/11/2024 City Council Agenda

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21903/11/2024 City Council Agenda

TO
Agenda Item No

CITY OF YUCAIPA

AGENDA REPORT
FROM:

Honorable Mayor and City Council
Steven Graham Pacifico, City Attorney
City Council Meeting of March 11,2024FOR:

SUBJECT: Introduction and First Reading of Ordinance No. 444 Regarding Sidewalk Vendors and the Regulation of Food Trucks
RECOMMENDATION:

That the City Council approve the Introduction and First Reading of Ordinance No. 444, an Ordinance of the City Council of the City of Yucaipa, California, Repealing Title 5, Chapter 5.12 of the Yucaipa Municipal Code Conceming the Regulation of Peddlers, Hawkers, and Itinerant Vendors and Replacing it with a New Chapter 5.12 Concerning the Regulation of Sidewalk Vendors and Adding Chapter 5.13 Concerning the Regulation of Food Trucks DISCUSSION:

The amendments aim to effectively regulate street vending and food truck operations, ensuring public health and safety while complying with state laws SB 946 and SB 972. This legislative action is necessary to update our local regulations to align with these state mandates and to address the evolving landscape of street vending and mobile food services in our community. In response to state legislation SB 946 and SB 9T2,localjurisdictions are required to update their regulatory frameworks to accommodate street vending activities and food truck operations. SB 946, known as the Safe Sidewalk Vending Act, decriminalizes sidewalk vending across California, requiring cities to establish permitting processes that do not unduly restrict vending activities. SB 972 updates the California Retail Food Code, affecting the operation of food trucks by implementing new health and safety requirements.

The proposed ordinance introduces comprehensive regulatory measures for street vending and food truck operations within the City of Yucaipa. Key provisions include:

Licensing Requirements: Vendors and operators must obtain a city-issued license, demonstrating compliance with health and safety regulations.

Operational Restrictions: The ordinance specifies permissible locations, hours of operation, and distance requirements from established businesses to mitigate operational conflicts and ensure public safety.
14 22003/11/2024 City Council Agenda

Enforcement and Penalties: A clear enforcement mechanism is established, outlining penalties for non-compliance, ranging from fines to permit revocation.

Health and Safety Standards: Vendors are required to adhere to public health and safety standards, ensuring food safety and environmental cleanliness.

Accessibility and Public Use: Regulations ensure that vending activities do not impede public access to sidewalks, parks, and other public spaces.

The ordinance balances the need for regulation with the rights of vendors and operators to conduct their businesses. It aims to foster an environment where street vending and food truck operations can thrive while safeguarding public health and safety, maintaining the aesthetic character of the community, and supporting local economic development.

FISCAL IMPACT:

The implementation of this ordinance may result in modest revenue generation from licensing fees.

Additionally, enforcement costs will be partially offset by penalties collected for non-compliance.

Attachments:
l. Ordinance No. 444
Approved By
22103/11/2024 City Council Agenda

ATTACHMENT 1
22203/11/2024 City Council Agenda

ORDINANCE NO. 444

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, REPEALING TITLE 5, CHAPTER 5.12 OF THE YUCAIPA

MUNICIPAL CODE CONCERNING THE REGULATION OF PEDDLERS,

HAWKERS, AND ITINERANT VENDORS AND REPLACING IT WITH A
NEW CHAPTER 5.12 CONCERNING THE REGULATION OF
SIDEWALK VENDORS AND ADDING CHAPTER 5.I3 CONCERNING

THE REGULATION OF FOOD TRUCKS
WHEREAS, Senate Bill No. 946 ("SB 946") became effective on January l, 2019, and provides that cities may not regulate sidewalk vending except in accordance with its provisions which are codified in Government Code sections 51036 through 51039; and WHEREAS, among other things, SB 946 provides that a local authority that elects to adopt a sidewalk vending program cannot require, among other things, a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns, and cannot restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified in state law; and WHEREAS, SB 946 prohibits punishment for street vending-related violations unless it is through a civil fine; and
WHEREAS, SB 946 recognizes, however, that "California has an interest in the regulation of traffic ... whether in ensuring the appropriate flow of traffic or in ensuring the safety of pedestrians on the road or the sidewalk," and acknowledges that there are regulations that are directly related to objective health, safety, or welfare concerns the city may adopt, which include, but are not limited to, regulations concerning hours of operation, sanitation, sidewalk access, health and vendor permits, compliance with other generally applicable laws, registration requirements, and interference with other special events or permitted activities; and WHEREAS, SB 946 only applies to sidewalk vending in public rights-of-way, therefore private rights-of-way and property are still subject to private and local control; and WHEREAS, the City Council desires to exercise its authority under SB 946 to establish a Sidewalk Vendor Permitting and Regulatory Program for the City of Yucaipa (the "City"). The provisions of this Chapter allow the City to encourage small business activities and provide regulation and enforcement of unpermitted Sidewalk Vending Activities to respond to the objective needs and circumstances of the City and protect the health, safety, and welfare of the Sidewalk Vendors themselves, as well as the general public; and WHEREAS, Senate Bill No. 972 ("SB 972") became effective on January 1,2023, and modified and modernized the California Retail Food Code, which sets health and sanitation standards for retail food facilities; and
22303/11/2024 City Council Agenda

WHEREAS, the City Council desires to incorporate SB 972 to reflect the current legal standards and promote uniformity in regulations; and
WHEREAS, the City Council expressly finds that regulating food trucks is also necessary in order to protect public health, safety, and welfare, while accommodating commercial uses that generally promote an active and social pedestrian environment with appropriate areas of the City; and
WHEREAS, adopting an ordinance will provide clarity regarding time, place and manner regulations to ensure public access and safety within the community.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF' YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Chapter 5.12 ("Peddlers, Hawkers, and Itinerant Vendors") of the Yucaipa Municipal Code is hereby repealed and replaced with a new Chapter 5.12 ("Sidewalk Vendors") to read as set forth in Exhibit "A" attached hereto and incorporated herein by reference. The City Council expressly finds that the operation and location limitations set forth in Chapter 5.12 of Title 5 are necessary to protect public health, safety, and welfare.

Section 2. Chapter 5.13 of Title 5 ("Food Truck Operators") is hereby added to the Yucaipa Municipal Code to read as set forth in Exhibit'oB" attached hereto and incorporated herein by reference.

Section 3. CEQA. The City Council finds that this Ordinance is not subject to the Califomia Environmental Quality Act (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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Yucaipa hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
\\
\\
\\
\\
22403/11/2024 City Council Agenda

Section 4. Publication. The Mayor shall sign and the City Clerk shall certift to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage.

PASSED, APPROVED and ADOPTED this _ day of _,2024
Justin Beaver, Mayor
ATTEST:APPROVED AS TO FORM
Ana V. Sauseda, CMC
Director of General Services/City Clerk
Steven Graham, City Attorney
22503/11/2024 City Council Agenda

EXHIBIT 65A"
YMC CHAPTER 5.I2 SIDEWALK VENDORS
Sections:

5. 12.0 l0

5.12.020

5.12.030

5.12.040

5.12.050

5.12.060

5.12.070

5.12.080

5.12.090

5.12.100

5.12.110

5.12.120

5.12.130

5.12.140

5.12. I 50

5.12.160

5.12.170
Definitions.

Purpose.

Permit Required.

Issuance of Permit.

Health Permit Requirement.

Term and Renewal.

Perm it Nontransferable.

Exceptions.

Operating Conditions.

Prohibited Activities and Locations.

Revocation of Permit.

Appeal Procedures.

Penalties.

Ability to-Pay Determinations.

Nuisance.

Impoundment.

Severability.

5.12.010 Definitions.

A. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this Chapter. Words and phrases not defined by this Chapter have the meaning set forth elsewhere in this Code, the California Business and Professions Code, Califomia Vehicle Code, or Califomia Government Code. If a term or phrase is not defined in this Chapter, or elsewhere in this Code, the most common dictionary definition is presumed to be correct.

B. For purposes of this Chapter, the following definitions shall apply:
"Building" means a structure of a permanent nature located or constructed on a parcel of land, and shall include but not be restricted to, dwelling, hotel, apartment house, apartment, court, rooming house, boarding home for the aged, motel, cottage, house trailer, commercial establishment, store, office, plant, factory, warehouse and similar buildings. "Permit" means a City of Yucaipa Itinerant Vendor Permit issued and managed by the City Department designated by the City Manager in addition to any other required permits, including a general business license.
"Cart" means a push cart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non- motorized conveyance used for Sidewalk Vendor Activity. 22603/11/2024 City Council Agenda

"City" means the City of Yucaipa.
"City Council" means the City Council of the City of Yucaipa. "Compact Mobile Food Facilities/Operations" means mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack or other nonmotorized conveyance.
"Employ" means retain, hire or engage.
"Feet" means feet within a radius of the location from which measurement is made. "Fire Station" means any facility where fire engines and other equipment of the Yucaipa Fire Department are housed within the City.
"Food" means any item provided in Health and Safety Code Section 113781, or any successor section.
"lmmediate Vicinity" means the streets abutting an activity or event (and any contiguous parking areas), the sidewalks on either side of such streets, as well as any open or unoccupied space between the activity or event and the abutting streets and sidewalks. "lmpound" means to seize or take custody of a sidewalk vending cart, equipment, food, utensils, goods, flowers, toys, furniture, or merchandise (collectively "ltems") because of a violation of any applicable law or regulation.
"Merchandise" means any tangible personal property that can be sold and immediately obtained from a Sidewalk Vendor, excluding Food. Items for rent shall not be considered Merchandise.

Merchandise excludes any service. Tangible personal property that is given to persons who sign up for a service or in exchange for a signature and/or other personal identifying information, does not constitute "merchandise" for purposes of this Chapter. Tangible personal property that is ordered for future delivery does not constitute o'merchandise" for purposes of this Chapter. "Park" means a public park within the City owned and operated by the City or another public entity.
"Parkway(s)" means that portion of a public street which is not improved for actual street, curb, gutter, or sidewalk use, and which is available for planting, landscaping, and/or maintaining street trees.
"Pathway" means a paved path or walkway owned by the City or other public entity that is specifically designed for pedestrian travel, other than a sidewalk. "Public Property" means any real property owned, leased, operated, or controlled by the City of Yucaipa other than a street alley, parkway, sidewalk or other area dedicated, identified or used as a Public Right-of-Way.
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"Public Right-of-Way" means any public street, road, avenue, highway, named or unnamed alley, lane, court, place, trail, parkway, sidewalk or other public way, operated and/or controlled by the City or other public entity, or subject to an easement owned by or dedicated or granted to City. "Residential" means any area zoned or used exclusively as residential in the City. "Sidewalk" means any portion of a highway, other than the street or roadway, set apart by curbs, barriers, markings or other delineation specifically designed for pedestrian travel and that is owned by the City or other public entity, excluding any Parkway. "Sidewalk Vendor" or "Vendor" means a person who sells Food or Merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public Sidewalk or other Pathway, or other such meaning of term as may be ascribed by Government Code section 51036(a) from time to time, and specifically includes compact mobile food operation when in compliance with Health & Safety Code sections 114368.2 and I13468.4. A person who takes or solicits orders for merchandise for future delivery does not constitute a Sidewalk Vendor for purposes of this Chapter. A person who gives tangible personal property in exchange for a signature and/or other personal identiffing information or in exchange for registering for a service does not constitute a Sidewalk Vendor for purposes of this Chapter. A sidewalk vendor may be any of:
l. "Roaming Sidewalk Vendor," which means a Sidewalk Vendor who moves from place to place and stops only to complete a transaction; or

2. "Stationary Sidewalk Vendor," which means a Sidewalk Vendor who utilizes a singular sidewalk location and does not move from place to place. "Sidewalk Vendor Activities" or "Sidewalk Vending Activity" means actions that qualifu a person as a Sidewalk Vendor or actions done in anticipation of becoming a Sidewalk Vendor such as, but not limited to, placement, or maintenance of any Cart.
"Special Event" means a City permitted event including, but not limited to, camivals, sporting events, fairs, art shows, and/or cultural events.
"Swap Meet" means a location operated in accordance with Article 6 commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that Chapter, or any successor Chapter. "Vend" or "Vending" shall mean any act of soliciting, displaying, offering for sale for monetary consideration, or sale, of any goods or merchandise to the public; offering produce, prepared Food, prepackaged Food or nonfood sundries of any kind for sale from a Sidewalk Vendor on a Sidewalk and/or private property and includes the movement or standing of a Sidewalk Vendor for the purpose of searching for, obtaining or soliciting retail sales of produce, prepared Food, prepackaged Food or nonfood sundries.
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5.1 2.020 Purpose.

A. The City Council hereby finds that, to promote the health, safety and welfare, restrictions on Sidewalk Vending Activity are necessary in part to:

1. Ensure no interference with the performance of public safety officers including, police, firefighter, security and emergency medical personnel services.

2. Ensure no interference with pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles.

3. Ensure no interference with barriers (bollards, vehicles, cement or water) designed to stop vehicles and prevent injury to people.

4. Provide reasonable access for Sidewalk Vending Activities in portions of the City while preserving the use and maintenance of Public Rights-of-Way, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public benches and/ or planters, as well as access to locations used for public transportation services.

5. Reduce exposure to the City for personal injury or property damage claims and litigation.

6. Ensure the safe sale of Food and Merchandise on Sidewalks, by providing the public a simple way to ensure Sidewalk Vendors prepare Food safely and according to San Bernardino Department of Public Health requirements.

7. Prevent unsanitary conditions and ensure trash and debris in the areas vending is taking place are removed by Sidewalk Vendors.

8. Ensure that visibility, sight lines, and accessibility for vehicular and pedestrian traffic on Sidewalks and other Public-Rights-of-Way are protected while accommodating Sidewalk Vendor equipment.

9. Protect the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the Sidewalk, by persons exiting or entering parked or standing vehicles.

10. Ensure reasonable access for the use and maintenance of Sidewalks, Pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public benches and/ or planters, as well as access to locations used for public transportation services.
ll.Mitigate the impacts of Sidewalk Vending Activity and protect the unique characteristics of the City.
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12. Address the provisions of SenateBill9T2 (Health & Safety Code sections I 14368.2 and I14368.4) regarding Compact Mobile Food Operations as determined by the San Bemardino County Health Department as the local enforcement agent.

B. The City Council hereby finds that the unique characteristics of the City require certain restrictions on Sidewalk Vending Activities as follows:
l. The City Council finds that Sidewalk Vendors in the City seek and do draw patrons to their Food and Merchandise. This can create serious safety problems by impacting the ability of pedestrians to move safely on Sidewalks and through crosswalks and impeding the response time of safety personnel, particularly in parks and in residential areas. Sidewalk Vendors can also impact access to and egress from businesses. This ordinance imposes reasonable time, place, and manner restrictions on Sidewalk Vendors to the extent necessary to ensure the safety of Sidewalk Vendors, their patrons, and the general public and to prevent unreasonable interference with residents' enjoyment of peace and quiet in the City;

2. The parks within the City provide passive and active recreational opportunities; restrictions on Sidewalk Vending Activity are necessary to protect the health, safety and welfare of those persons engaged in, and the spectators of, active sports activities, the recreational opportunities, as well as protect the scenic and natural character of these parks;

3. The City seeks to preserve the peace and quiet of the Residential Zones of the City, by prohibiting commercial activities such as Sidewalk Vending Activity.

5.12.030 Permit Required.

A. No person shall own, control, operate, manage, lease, or contract with any other person for the operation of a Cart in the City without an Itinerant Vendor Permit. It is unlawful for any person to operate aCart in the City without having a current and valid Itinerant Vendor Permit obtained from the City. A copy of the Itinerant Vendor Permit shall be displayed in conspicuous view on each Cart at all times business is conducted.

B. Every Cart shall have the nzune, address, and telephone number of the holder of the Itinerant Vendor Permit permanently affixed on both the left and right sides of the Cart.

Such information shall be in letters and numerals not less than four inches in height and shall be in contrast to the color of the background upon which the letters are placed.

C. A written application for an Itinerant Vendor Permit shall be filed with the City on a form provided by the City and shall contain the following information:
l. The name, address, and telephone number of the person applying to become a Sidewalk Vendor;

2. If the Operator or Vendor is an agent of an individual, company, partnership, or 23003/11/2024 City Council Agenda

corporation, the name and business address, phone number, and email address of the principal of such entity;

3. The name, address, and telephone number of the Operator or Vendor who will be in charge of any Sidewalk Vending Activity and/or be responsible for the person(s) working at any Cart;

4. The name, address, and telephone number of all persons that will be employed as Sidewalk Vendors;

5. The number of Carts the Sidewalk Vendor will operate within the City under the Itinerant Vendor Permit;

6. The location(s) in the City where the Sidewalk Vendor intends to operate;

7. The day(s) and hours of operation the Sidewalk Vendor intends to operate at such location(s);

8. A description of the type of Food(s) to be sold from a Sidewalk Vendor selling Food, whether such Food(s) is prepared on site, whether such Food will require a heating element inside or on the Cart for Food preparation, and the type of heating element if any;

9. A copy of the County health permit for each Sidewalk Vendor selling Food by this Chapter;

10. Whether the Sidewalk Vendor intends to operate as a Stationary Sidewalk Vendor or a Roaming Sidewalk Vendor and, if roaming, the intended path of travel; I I . The dimensions of the Sidewalk Vendor's Cart(s), including a picture of each Cart operating under the Itinerant Vendor Permit and any signs that will be affixed thereto;

12. Whether the Sidewalk Vendor will be selling Food, Merchandise, or both. If the Sidewalk Vendor is selling Merchandise, a description of the Merchandise to be sold;

13. To ensure the safety of residents and the merchantability of products sold by Operators without a fixed place of business, prior to the issuance of an Itinerant Vendor Permit, the applicant shall cause to be tiled with the City a LiveScan background check conducted by the California Department of Justice within the three months preceding the application date. The City shall furnish each applicant with a LiveScan request form for use at any LiveScan vendor location;

14. Proof that the Sidewalk Vendor possesses a valid California Department of Tax and Fee Administration seller's permit which notes the City as a location or sublocation, 23103/11/2024 City Council Agenda

which shall be maintained for the duration of the Sidewalk Vendor's Permit;

15. An acknowledgement that the Sidewalk Vendor will obtain and maintain throughout the duration of any permit issued under this Chapter public liability insurance and property damage insurance, including general commercial liability coverage in an amount not less than $1,000,000;

16. An acknowledgement that use of Public Property is at the Sidewalk Vendor's own risk, and the City does not take any steps to ensure Public Property is safe or conducive to the Sidewalk Vending Activities;

17. An acknowledgment that the Sidewalk Vendor will comply with all other applicable local, state, and federal laws;

18. A certification that under penalty of perjury, to the applicant's knowledge and beliel the information contained within the application is true and correct;

19. A list of all other cities or other jurisdictions in which the Sidewalk Vendor has operated aCartwithin the past l2 months, whether a permit was required to operate, and, if so, whether the permit has been revoked in the past 12 months; and

20. Any other relevant information required by the City Manager, or the City Manager's designee.

D. Such application shall be accompanied by the nonrefundable Itinerant Vendor Permit application fee as established by resolution of the City Council.

5.12.040 Issuance of Permit.

A. Within sixty (60) calendar days of receiving a complete application, the City Manager, or the City Manager's designee may issue an Itinerant Vendor Permit to a Sidewalk Vendor if he or she finds, based on all of the relevant information, that:
l. The conduct of such Sidewalk Vending Activity will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare or encourage loitering;

2. The conduct of such Sidewalk Vending Activity will not unduly interfere with normal govemmental or City operations, threaten to result in damage or detriment to Public Property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the Sidewalk Vendor;

3. The conduct of such Sidewalk Vending Activity will not constitute afrehazard; 23203/11/2024 City Council Agenda

4. The conduct of such Sidewalk Vending Activity will not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City;

5. The Sidewalk Vendor has paid all previous administrative fines, completed all community service, and completed any other alternative disposition associated in any way with a previous violation of this Chapter or its predecessors;

6. The Sidewalk Vendor has not had a previous Itinerant Vendor Permit for Sidewalk Vendor Activity revoked by the City within the past five years;

7. The application for a Sidewalk Vendor contains all required information and the Sidewalk Vendor has not made a materially false, misleading or fraudulent statement of fact to the City in the application process;

8. The Sidewalk Vendor has satisfied all the requirements of this Chapter;

9. The Sidewalk Vendor has paid the Itinerant Vendor Permit fee;

10. The Sidewalk Vendor's Cart and proposed activities conform to the requirements of this Chapter;
I l. The Sidewalk Vendor has provided adequate insurance to protect the City from liability associated with Sidewalk Vendor Activities, as determined by the City Manager or the City Manager's designee;

12. The Sidewalk Vendor has not been convicted of, or committed, any offense that is directly related to Sidewalk Vendor Activities, within the last five years;

13. The Sidewalk Vendor has not had an individual or business permit or license with any agency, board, city, county, territory, or state denied, revoked, restricted, or suspended within the last two years;

14. The Sidewalk Vendor has not been subject to an injunction for nuisance, as defined by State or local laws, within the last five years.

5.12.050 County Health Permit Requirement.

It is unlawful for any person to operate a Cart that sells Food in the City without a current and valid permit, certificate, or other authorization as required by the County of San Bemardino Department of Environmental Health. A copy of said health permit shall be kept in the Cart at all times and displayed in conspicuous view upon each Cart.

5.12.060 Term and Renewal.

All Itinerant Vendor Permits for Sidewalk Vendors issued under this Chapter shall expire within 23303/11/2024 City Council Agenda

ayear from the date of issuance, unless earlier revoked in accordance with the provisions of this Chapter. An application to renew an Itinerant Vendor Permit shall be made not later than 30 days before the expiration of the current Itinerant Vendor Permit.

5.12.070 Permit Nontransferable.

Itinerant Vendor Permits for Sidewalk Vendors are non-transferable. Any change in ownership or operation of a Cart requires a new Permit as set forth in this Chapter.

15.12.080 Exceptions.

No person shall conduct Sidewalk Vending Activities within the City without first obtaining a Itinerant Vendor Permit issued pursuant to the requirements set forth in this Chapter from the City, except under the following conditions:

A. A Special Event permit issued pursuant to the requirements set forth in Chapter 5.16 of Title 5 of this Code, shall be required when the Sidewalk Vending Activity is associated with the operation of a City-permitted Special Event, subject to the conditions thereof.

B. An Itinerant Vendor Permit issued pursuant to the requirements of this Chapter shall not be required when the Sidewalk Vending Activity is limited to a Cart on private property with the written authorization of the property owner or lawful lessee/tenant, operating solely for private purposes and when all of the following provisions are met:
l All Sidewalk Vendor Activity is conducted entirely on paved portions of the premises.

2. Service is limited to the guests of the property owner or lawful lessee/tenant only C. The requirements of this Chapter shall not apply to any Sidewalk Vendor operating at a City event or upon City property with the permission of the City Manager, or their designee. The City Manager shall ensure that the purposes of this Chapter are met by the terms and conditions of any agreement under which such Sidewalk Vendor is operating.

5.12.090 Operating Conditions.

Every Sidewalk Vendor is subject to the following operating conditions when conducting Sidewalk Vendor Activities:

A. No Sidewalk Vendor shall conduct Sidewalk Vendor Activities anywhere in the City between the hours of 9:00 p.m. and 7:00 a.m. daily, with the exception of private events.

B. All Food and Merchandise shall be stored either inside or affixed to the Cart or carried by the Sidewalk Vendor. Food and Merchandise shall not be stored, placed, or kept on any Public Property. If affrxed to the Cart, the overall space taken up by the Cart shall not exceed the size limitations provided in this section.
23403/11/2024 City Council Agenda

C. Carts and any attachments thereto shall not exceed a total height of four (4) feet, a total width of four (4) feet, and a total length of four (4) feet.

D. To maintain accessibility standards for the City's disabled residents, every Sidewalk Vendor operating on any Sidewalk must ensure that no obstruction is placed in or on the Sidewalk that would reduce the width of the Sidewalk to fewer than forty-eight (48) inches, exclusive of the top of the curb. No obstruction shall be located in a Sidewalk less than six (6) feet in width when the Sidewalk is adjacent to the curb.

E. Sidewalk Vendors shall locate their Cart and/or their person in a manner that maintains a minimum four (4) foot clear accessible path for pedestrian ingress and egress free from obstructions, including Cart and customer queuing area.

F. All signage and advertising related in any way to the Sidewalk Vendor shall be attached to the Cart or the Sidewalk Vendor's person.

G. Sidewalk Vendors shall not use any electrical, flashing, wind powered, or animated sign.

H. Carts shall not be stored on Public Property and shall be removed when not in active use by a Sidewalk Vendor.
[. Sidewalk Vendors shall not leave their Carts unattended.

J. No Cart shall contain or use propane, natural gas, batteries, or other explosive or hazardous materials.

K. Sidewalk Vendors that sell Food shall maintain a trash container in or on their Cart and shall not empty their trash into public trashcans. The size of the Sidewalk Vendor's trash container is included towards the total size limit of a Cart.

L. Sidewalk Vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation. Sidewalk Vendors shall immediately clean up any Food, grease or other fluid or item related to Sidewalk Vendor Activities that falls on Public Property.

M. No Sidewalk Vendor shall discharge liquid upon any public street, Sidewalk or premises in the City.

N. Sidewalk Vendors shall not block an entrance into a Building, structure or facility, or obstruct any door or window.

O. Stationary Sidewalk Vendors shall not cause, allow, or maintain the placement of tables, chairs, shade structures, tents, umbrellas, other furniture, rugs, towels, fabric of any kind in public spaces or in any portion of the Public Right-of-way. 23503/11/2024 City Council Agenda

P. Evidence of compliance with Health & Safety Code section I 14315(a). Such evidence may include, but is not limited to, written permission from a private business owner for use of the business's toilet and hand washing facility, a printed or electronic map showing the location of a compliant public toilet and hand washing facility, or similar documented evidence of compliance with. For Compact Mobile Food Operations, such compliance shall include compliance with Health & Safety Code sections I14368.2 and I14368.4.

Q. Sidewalk Vendors shall not store or leave unattended Vending equipment or receptacles in public spaces or in any portion of the Public Right-of-Way.

R. Sidewalk Vendors shall comply with the noise standards set forth in this Code.

5.12.100 ProhibitedActivitiesandLocations.

A. Sidewalk Vendors shall comply with all Federal, State and local laws and regulations.

B. Carts shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trash cans or traffic barriers.

C. Sidewalk Vendors shall not engage in any of the following activities:
l. Conducting Sidewalk Vending Activity on unpaved portions of property;

2. Conducting Sidewalk Vending Activity on privately-owned property without the written authorization of the property owner or lawful lessee/tenant and all activity must be conducted entirely on paved portions of the premises;

3. Renting Merchandise to customers;

4. Displaying Merchandise or Food that is not available for immediate sale;

5. Selling of live animals, alcohol, marijuana, adult oriented material, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or marijuana;

6. Selling Food or Merchandise to any person fifteen years of age or younger without one or both of their parents or legal guardians present;

7. [Jsing an open flame on or within any Cart;

8. Using an electrical outlet or power source that is owned by the City or another person other than the Sidewalk Vendor;

9. Providing or selling any service to any person;
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10. Continuing to offer Food or Merchandise for sale, following, or accompanying any person who has been offered Food or Merchandise after the person has declined the offer to purchase Food or Merchandise;
I l. Knowingly making false statements or misrepresentations during the course of offering Food or Merchandise for sale;

12. Blocking or impeding the path of person(s) being offered Food or Merchandise to purchase;

13. Making any statement, gesture, or other communication which a reasonable person in the situation of the person(s) being offered Food or Merchandise to purchase would perceive to be a threat and which has a reasonable likelihood to produce in the person(s) a fear that the threat will be carried out;

14. Touching the person(s) being offered Food or Merchandise without that person(s) consent;

15. Advertising any product or service that is not related to the Food or Merchandise being offered for immediate sale;

16. Using any homs, music, lights, visual media, or sound amplifuing device unless expressly approved in the Permit;

17. Placing a Cart outside of any Pathway or Sidewalk when engaging in Sidewalk Vending Activities;

18. Physically altering or otherwise damaging the Sidewalk;

19. Fastening or affixing any item, including but not limited to, tape, strap, chain, tie, band, or rope, to any Public Property, with the exception of tape used for social distance markers;

20. Providing or selling any service to any person; or
2l . Placing of any type of fencing or other divider around the vending area.

D. All Sidewalk Vendor Activities shall comply with the Americans with Disabilities Act, as the same may be amended from time to time, as well as with the Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way.

E. Sidewalk Vendors shall not engage in Sidewalk Vending Activities at the following locations:

1. Any Residential zone in the City:
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a. Stationary Sidewalk Vendors shall not operate on Sidewalks or Pathways directly adjacent to or within Residential areas or in any Park for which the City has entered an exclusive concessionaire agreement.

2. Upon or within any roadway, median strip, or in areas that separate opposing lanes of traffic on divided roadways.

3. Yucaipa City Hall which requires unimpeded pedestrian ingress and egress to ensure public safety.

4. Vending in Parks:
a. Sidewalk Vendors are prohibited from Vending in a Park owned or operated by the City where the operator of the Park has signed an agreement for concessions that exclusively permits the sale of Food or Merchandise by the concessionaire. Such restriction, if imposed, shall be set forth as a condition of approval of the Itinerant Vendor Permit and identifu the restricted Park(s).
b. Sidewalk Vendors are prohibited from Vending in a Park owned or operated by the City in a manner that impedes the public's use and enjoyment of natural resources and recreational opportunities, or that causes an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the Park. Such restriction, if imposed, shall be set forth as a condition of approval of the Itinerant Vendor Permit and identifu the restricted Park(s).

Sidewalk Vendors shall not Vend in the following locations within a Park:c Within fifty (50) feet of any field or court that is primarily designed for use in a sporting activity (including, but not limited to, baseball field, softball field, basketball court, tennis court, soccer field, volleyball court, and handball court), while said area is in use;
Within fifty (50) feet of any playground, pool, or exercise area while said area is in use.

5. Within Immediate Vicinity of:
a. A Certified Farmerso Market or certified Swap Meet during the hours of its operation; or
b. An area designated for a Special Event permit for the limited duration of the permitted event;
ll
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6. Within one (l) block of:
a. Public or private school, a place of worship, or a child day-care facility between 8 a.m. to 5 p.m. on days in which school is open.

7. Within two-hundred (200) feet of:

A Police Station, Fire Station, or hospital.a.

8. Within one-hundred (100) feet of:
a. Any police officer, firefighter, lifeguard or emergency medical personnel who are actively performing their duties or providing services to the public;
b. Another Sidewalk Vendor'
c. The intersection of a cross-walk and a Sidewalk;
d. Any public picnic area, playground area or playground equipment; e. Any public community center, athletic field, softball/baseball diamond, basketball court, handball court, pickleball court, tennis court, soccer field, or volleyball court.

9. Within twenty-five (25) feet of:
a. A fire hydrant;
b. A curb which has been designated as a white, yellow, blue, or red zone, or a bus zone;
c. An automated teller machine;
d. A transit shelter;
e. A bus stop;
f. A restroom or similar public use item.

10. Within fifteen (15) feet of:
a. Any street corner or marked pedestrian crosswalk;
b. The outer edge of any entrance to any business, including, but not limited 23903/11/2024 City Council Agenda

to, doors, display windows, vestibules, and driveways during the hours that any business on the premises is open to the public or to persons having or conducting lawful business within those premises;
c. The outer edge of any area permitted for Sidewalk or outdoor dining including, but not limited to, Sidewalk or outdoor dining entries and exits during the hours the business is open to the public;
d. Any driveway or alley approach.

I l. Within five (5) feet of:
a. Any area improved with lawn, flowers, shrubs or trees; b. Any traffic signal controller, traffic signal pole, power pole, street light pole, general utility pole, above ground cabinet, general utility facility, manhole, parking meter, regulatory and directional signs, street furniture, or street art sculptures.

The City Manager or the City Manager's designee may adopt administrative regulations imposing additional requirements consistent with this Chapter and all other applicable laws in order to regulate the time, place, and manner of Vending.

5.12.110 Revocation of Permit.

Any Itinerant Vendor Permit may be revoked by the City Manager, or the City Manager's designee for good cause shown including but not necessarily limited to any of the following reasons:

A. Citation for Vendor's third or subsequent violation of the requirements set forth in this Chapter.

B. Falsification of any information supplied by the Sidewalk Vendor upon which issuance of the Permit was based.

C. Failure of the Sidewalk Vendor, or any employees or subcontractors of the Operator or Vendor, to comply with the regulations set forth in this Chapter.

D. Conviction of a violation, or plea of guilty or nolo contendere, by the Sidewalk Vendor, or any employee, subcontractor or independent contractor of the permittee, of any Federal or State law, or municipal ordinance while in the course of conducting Sidewalk Vendor Activity pursuant to the City Itinerant Vendor Permit.

E. Conviction of a violation, or a plea of guilty or nolo contendere, by the Sidewalk Vendor of any applicable provision or requirement of this Chapter.

F. Conviction of, or a plea of guilty or nolo contendere, by the Sidewalk Vendor of any 24003/11/2024 City Council Agenda

misdemeanor, or conspiracy to commit, or attempt to commit, the same, which is a crime of moral turpitude or a crime that is violent or sexual in nature, as defined by state and/or local law.

G. No Sidewalk Vendor whose Permit is revoked shall be eligible to apply for a new Permit for a period of one year following such revocation.

H. In the event of a Sidewalk Vendor who owns more than one Cart, the revocation shall apply to the Permit for each Truck or Cart.

5. I 2.120 Appeal Procedures.

Any Sidewalk Vendor applicant or permittee who is aggrieved by any decision of the City Manager regarding the issuance, conditioning, denial, suspension, or revocation of an Itinerant Vendor Permit may contest the decision in accordance with the procedures set forth in Chapter 1.13 of Title I of this Code.

5.12.130 Penalties.

Violations of this Chapter shall not be prosecuted as infractions or misdemeanors and shall only be punished by the following administrative citation and revocation structure:

A. Except as otherwise provided in this Chapter, any violation of this Chapter shall be assessed administrative fines in the following amounts:
l. An administrative fine not exceeding one hundred dollars ($lOOl for a first violation.

2. An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.

3. An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.

B. If a Sidewalk Vendor violates any portion of this Chapter and cannot present the citing officer with proof of a valid City Itinerant Vendor Permit, the Sidewalk Vendor shall be assessed administrative fines in the following amounts in lieu of the administrative fines set forth in paragraph A:
l. An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.

2. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.

3. An administrative fine not exceeding one thousand dollars ($1,000) for each 24103/11/2024 City Council Agenda

additional violation within one year of the first violation.

C. Upon proof of a valid City Itinerant Vendor Permit issued by the local authority, the administrative fines set forth in paragraph B shall be reduced to the administrative fines set forth in paragraph A, respectively.

D. The City Manager, or the City Manager's designee may rescind a Sidewalk Vendor's Itinerant Vendor Permit for the term of that Permit upon the fourth violation or subsequent violations.

5.12.140 Ability to-Pay Determinations.

A. When assessing an administrative fine under this Chapter, the City will take into consideration a Sidewalk Vendor's ability to pay the fine. l. Any fine issued under this section will be accompanied by a notice of and instruction regarding a person's right to request an ability-to-pay determination.

2. An Operator or Vendor may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a collection program.

B. If an Operator or Vendor is receiving public benefits under Government Code section 68632 (a), or has a monthly income which is 125 percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the Operator or Vendor's administrative fine is limited to twenty (20) percent of the amount assessed. The City may also take the following actions:
l. Allow the Operator or Vendor to complete community service in lieu of paying all or part of the administrative fine; or

5. I 2.1 50

2. Waive the administrative fine; or

3. Offer an alternative disposition.

Nuisance.

The City Council finds and declares that Sidewalk Vendor Activity conducted in violation of the provisions of this Chapter constitutes a public nuisance subject to abatement.

5.12.160 Impoundment.

A. Impoundment Authorization. Any City official, including a code compliance officer or inspector, police officer, firefighter, fire prevention specialist, or examiner may impound a Sidewalk Vendor's Items used in violation of this Chapter pursuant to the provisions of Section 2080.10 of the California Civil Code, Section I14393 of the California Health and 24203/11/2024 City Council Agenda

Safety Code, and/or any other applicable City, County, or State law for any of the following reasons:
l. Food displayed, offered, or made available for sale, including equipment or utensils used by a Sidewalk Vendor, without holding a valid and displayed Health Permit from the San Bemardino County Health Department in violation of County or State law.

2. Items reasonably appear to be unattended or abandoned on public or private property for more than thirty (30) consecutive minutes without moving from the exact spot it was located, and reasonable attempts were made to locate the owner or responsible person(s) within the first fifty (50) feet of the Items.

3. Items displayed, offered, or made available for sale by a Sidewalk Vendor who does not possess a valid applicable City ltinerant Vendor Permit.

4. Items displayed, offered, or made available for sale by a Sidewalk Vendor who operates in violation of this Chapter; and refuses or fails to provide identification.

5. Operation in violation of this Chapter and refusal or failure by a Sidewalk Vendor to remove Items from public or private property within thirty (30) consecutive minutes after being instructed to do so by a City official.

6. Items displayed, offered, or made available for sale by a Sidewalk Vendor who vends in a manner that blocks or obstructs the free movement of pedestrians on sidewalks and fails to maintain a minimum of forty-eight inches (48") of accessible path of travel, without obstruction, along the sidewalk upon which the vendor is vending so as to enable persons to freely pass while walking, running, or using mobility assistance devices, and/or in violation of the Federal Americans with Disabilities Act of 1990 (Public Law 10l-336) and other disability access standards.

7. Items displayed, offered, or made available for sale in violation of any applicable federal, State, County, or City laws, ordinances, and regulations, including, but not limited to, illegal or counterfeit merchandise, alcohol, tobacco, cannabis, smoke or vaping products, adult-oriented material, live animals, weapons, and/or pharmaceuticals.

8. Items creating an imminent and substantial danger or environmental hazard to the health, safety, or general welfare of the public or property at the location of the vending cart such as, but not limited to, discharge of oil, grease, or other slippery substances on the street or sidewalk without any effort to maintain best management practices; using unapproved portable cooking equipment, heating element, gas-fueled appliance, generator, or any open flame; during an urgent or emergency public safety event or incident; lack of a fire extinguisher; using any luminaire, flashing lights, or any other animated devices or sign; or using, 24303/11/2024 City Council Agenda

operating, or permitting any radio, loudspeaker, or other machine or device for the producing or reproducing of sound.

9. Items displayed, offered, or made available for sale by a Sidewalk Vendor who has, within a 24-month period, been issued three or more administrative citations for violations of this Chapter.

10. Items impounded as evidence of a crime or booked as property after an arrest of any Sidewalk Vendor involving any City, County, State, or federal law or regulation excluding this Chapter. Such Items shall be stored and released in accordance with the procedures set forth in the Califomia Penal Code and any other applicable State law.

B. Forfeiture Impoundment Authorization for Repeat Offenders. The City may immediately conduct a forfeiture impoundment of Items from a Sidewalk Vendor who has been found responsible for engaging in sidewalk vending activities in violation of this Chapter two or more times within a 24-month period (herein identified as a repeat offender) after being contacted by a City official who issued a notice of violation. An aggrieved repeat offender may appeal a City forfeiture impoundment action pursuant to the procedures set forth in this section.

C. Disposal Authorization. The City may immediately dispose of impounded Items that are perishable and/or cannot be safely stored.

D. lmpoundment Period of Items Held By City. The impoundment of any Sidewalk Vendor's ltems, excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored, may be held by the City for not less than thirty (30), nor more than sixty (60), calendar days from the date of impoundment.

E. Impoundment Notification. Upon impoundment of Items under this section, the City Manager or designee shall do all the following:
l. Take responsibility for the storage, documentation, and disposition of the Items excluding any ltems that were immediately disposed of because they were perishable and/or could not be safely stored.

2. Provide the person from whom the Items were taken with a receipt and instructions for the retrieval of the Items, excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored. The receipt and instructions shall either be given to the person from whom the ltems were taken at the time the City official obtained the Items or mailed on the next business day, by first class mai[, to the person from whom the Items were taken.

3. If the City official has knowledge that the person from whom the Items were taken is not the owner, the City Manager or their designee shall make reasonable efforts to identifu the owner. If the owner is identified, the City Manager or designee shall 24403/11/2024 City Council Agenda

mail, by first class mail, a receipt and instructions for the retrieval of the Items excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored.
a. The receipt and instructions shall notifu the person from whom the Items were taken that the Items must be claimed either within (A) thirty (30) calendar days of impoundment pursuant to Section 114393 of the Califomia Health and Safety Code and/or (B) sixty (60) calendar days of impoundment pursuant to Section 2080.10 of the California Civil Code, and that if the Items are not claimed within the applicable time, the Items will be disposed of in accordance with the disposal provisions of this section or any other applicable County or State law. Within the applicable thirty (30) or sixty (60) calendar days, the person may do one of the following:

Retrieve the ltems, excluding any Items that were
immediately disposed of because they were perishable
and/or could not be safely stored.

Authorize in writing another person to retrieve the ltems, excluding any Items that were immediately disposed of
because they were perishable and/or could not be safely stored.
lll Notiff the City in writing that they are unable to retrieve the ltems because they are in custody (e.g., jail or prison) and request the City to hold the Items, excluding any
Items that were immediately disposed of because they
were perishable and/or could not be safely stored. If a person notifies the City that they are unable to either retrieve the ltems within the applicable thirty (30) or sixty (60) calendar days, or have an authorized person
retrieve the ltems, the City shall hold the Items for not longer than ten ( l0) additional months, after which time the City may dispose of the Items in accordance with the disposal provisions of this Code or any other applicable County or State law.
b. Pursuant to State law, the City shall not be liable for damages caused by any official action performed with due care regarding the disposition of Items pursuant to this section and the disposal provisions of this Chapter.

F. Appeal of Impoundment. An aggrieved Sidewalk Vendor may, within fifteen (15) calendar days of the impoundment, appeal the impoundment of their Items by requesting an administrative hearing before City Manager or their designee pursuant to the procedures ll
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described in section 5.12.120 of this Chapter and, if successful in their appeal, may have their Items retumed, excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored and shall not be required to pay the impound fee(s). If the Sidewalk Vendor is successful on appeal, any appeal fee paid by the Sidewalk Vendor shall be refunded.

G. Recovery of Impounded Items and Payment of Impound Fees. A Sidewalk Vendor may recover impounded ltems, excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored, upon paying applicable impound fees and demonstrating proper proof of ownership of the Items.

H. The City Council may by resolution adopt impound fees, which shall reflect the City's personnel, enforcement, investigation, storage, disposal, and Impound costs.

I. Unclaimed Items. Any unclaimed Items will be considered abandoned and forfeited to the City after (A) 30 calendar days of impoundment pursuant to Section 114393 of the California Health and Safety Code and/or (B) 60 calendar days of impoundment pursuant to Section 2080.10 of the California Civil Code, or any other applicable City, County, or State law.

J. The City Manager is further authorized to develop additional regulations for the storage and release of impounded Items not in conflict with this Chapter.

5.12.170 Severability.

Ifany section, subsection, paragraph, sentence, clause or phrase ofthis Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity ofthe remaining portions of this Chapter. The City Council declares that it would have adopted this Chapter, and each section, subsection, paragraph, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, clauses or portions be declared invalid or unconstitutional.
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EXHIBIT 568''
YMC CHAPTER 5.13 FOOD TRUCK OPERATORS
Sections:

5. 13.0 l0

5.13.020

5.13.030

5.13.040

5.13.050

5.13.060

5.13.070

5.13.080

5.13.090

5.13.100

5.13.1l0

5.13.120

5.13.130

5.13.140

5.13.150

5.13.160
Definitions.

Purpose.

Permit Required.

Issuance of Permit.

County Health Permit Requirement.

Term and Renewal.

Perm it Nontransferable.

Exceptions.

Operating Conditions.

Revocation of Permit.

Appeal Procedures.

Nuisance.

Penalties.

Adm inistrative Citations.

Remedies Not Exclusive.

Severability.

5.13.010 Definitions.

A. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this Chapter. Words and phrases not defined by this section have the meaning set forth elsewhere in this Code, the California Business and Professions Code, California Vehicle Code, or California Govemment Code.

If a term or phrase is not defined in this part, or elsewhere in this Code, the most common dictionary definition is presumed to be correct.

B. For purposes of this Chapter, the following definitions shall apply:
"Building" means a structure of a permanent nature located or constructed on a parcel of land, and shall include but not be restricted to, dwelling, hotel, apartment house, apartment, court, rooming house, boarding home for the aged, motel, cottage, house trailer, commercial establishment, store, office, plant, factory, warehouse, and similar buildings. "Permit" means a City of Yucaipa Itinerant Vendor Permit issued and managed by the City Department designated by the City Manager in addition to any other required permits, including a general business license.
"Certified Farmers' Market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that Chapter.
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"City" means the City of Yucaipa.
"City Council" means the City Council of the City of Yucaipa. "Employ" means retain, hire or engage.
"Fire Station" means any facility where fire engines and other equipment of the Yucaipa Fire Department are housed within the City.
"Food" means any item provided in Health and Safety Code Section ll378l, or any successor section.
"Food Truck" or "Truck" means any vehicle or trailer, as those terms are defined in the California Vehicle Code, which is equipped or used for retail sales of produce and/or prepared, pre-packaged or unprepuued, unpackaged food or foodstuffs of any kind on any public street, alley or highway or private street or alley within the City. The inventory of these vehicles is not necessarily limited to edible Items and may include nonfood sundries.
"Food Truck Activities" or "Food Truck Activity" means actions that qualify a person as a Mobile Food Truck Operator or actions done in anticipation of becoming a Food Truck Operator such as, but not limited to, placement, or maintenance of any Food Truck. "Food Truck Operator" or "Operator" means any entity and all person(s) that:
l. Owns, controls, manages, and/or leases a Food Truck ; and/or

2. Contracts with any person(s) to drive, operate, prepare food in, and/or vend from, a Food Truck; and/or

3. Drive, operate, Vend and/or prepare food in or from a Food Truck. "lmmediate Vicinity" means the streets abutting an activity or event (and any contiguous parking areas), the sidewalks on either side of such streets, as well as any open or unoccupied space between the activity or event and the abutting streets and sidewalks. "Park" means a public park owned or operated by the City. "Parkway(s)" means that portion of a public street which is not improved for actual street, curb, gutter, or sidewalk use, and which is available for planting, landscaping, and/or maintaining street trees.
"Pathway" means a paved path or walkway owned by the City or other public entity that is specifically designed for pedestrian travel, other than a sidewalk. "Public Property" means any real property owned, leased, operated, or controlled by the City of Yucaipa other than a street alley, parkway, sidewalk or other area dedicated, identified or used as a Public Right-of-Way.
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"Public Right-of-Way" means any public street, road, avenue, highway, named or unnamed alley, lane, court, place, trail, parkway, sidewalk or other public way, operated and/or controlled by the City or other public entity, or subject to an easement owned by or dedicated or granted to City. For purposes of this Chapter, Public Right-of-Way does not include parking lots owned, operated and/or controlled by the City or other public entity.
"Residential" means any area zoned or used exclusively as residential in the City. "sidewalk" means any portion of a highway, other than the street or roadway, set apart by curbs, barriers, markings or other delineation specifically designed for pedestrian travel and that is owned by the City or other public entity, excluding any Parkway. "Special Event" means a City-sponsored or City-permitted event including, but not limited to, camivals, sporting events, fairs, art shows, and/or cultural events. "Swap Meet" means a location operated in accordance with Article 6 commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that Chapter, or any successor Chapter. "Vend" or "Vending" shall mean any act of soliciting, displaying, offering for sale for monetary consideration, or sale, of any goods or merchandise to the public; offering produce, prepared Food, prepackaged Food or nonfood sundries of any kind for sale from a Food Truck on a Public Righr of-Way and/or private property and includes the movement or parking of a Food Truck for the purpose of searching for, obtaining or soliciting retail sales of produce, prepared Food, prepackaged Food or nonfood sundries.

5.13.020 Purpose.

A. The City Council hereby finds that, to promote the health, safety and welfare, restrictions on Food Truck Activity are necessary in part to:
l. Ensure no interference with the performance of public safety officers including, police, firefighter, lifeguard, security and emergency medical personnel services.

2. Ensure no interference with pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles.

3. Ensure no interference with barriers (bollards, vehicles, cement or water) designed to stop vehicles and prevent injury to people.

4. Provide reasonable access for Food Truck Activities in portions of the City while preserving the use and maintenance of Public Rights-of-Way, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public benches and/ or planters, as well as access to locations used for public transportation services.
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5. Reduce exposure to the City for personal injury or property damage claims and litigation.

6. Ensure the safe sale of Food and Merchandise in the Public Right-of-Way by providing the public a simple way to ensure Food Truck Operators prepare Food safely and according to San Bemardino Department of Public Health requirements.

7. Prevent unsanitary conditions and ensure trash and debris in the areas where vending is taking place are removed by Food Truck Operators.

8. Ensure that visibility, sight lines, and accessibility for vehicular and pedestrian traffic on Sidewalks and other Public-Rights-of-Way are protected while accommodating Food Truck equipment.

9. Protect the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the Sidewalk, by persons exiting or entering parked or standing vehicles.

10. Ensure reasonable access for the use and maintenance of Sidewalks, Pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, f,rrefighting apparatus, mailboxes, public benches and/ or planters, as well as access to locations used for public transportation services.

I l. Mitigate the impacts of Food Truck Activity and protect the unique characteristics of the City.

B. The City Council hereby finds that the unique characteristics of the City require certain restrictions on Food Truck Activities as follows:

L The City Council finds that Food Truck Operators in the City seek and do draw patrons to their Food and Merchandise. This can create serious safety problems by impacting the ability of pedestrians to move safely on Sidewalks and through crosswalks and impeding the response time of safety personnel, particularly in City Parks and in residential areas. Food Truck Operators can also impact access to and egress from businesses. This Chapter imposes reasonable time, place, and manner restrictions on Food Truck Operators to the extent necessary to ensure the safety of Food Truck Operators, their patrons, and the general public and to prevent unreasonable interference with residents' enjoyment of peace and quiet in the City;

2. The City's parks provide passive and active recreational opportunities; restrictions on Food Truck Activity are necessary to protect the health, safety and welfare of those persons engaged in, and the spectators of, active sports activities, the recreational opportunities, as well as protect the scenic and natural character of these parks;
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3. The City seeks to preserve the peace and quiet of the Residential Zones of the City, by prohibiting commercial activities such as Food Truck Activity.

5.13.030 Permit Required.

A. No person shall own, control, operate, manage, lease, or contract with any other person for the operation of a Food Truck in the City without an Itinerant Vendor Permit. It is unlawful for any person to operate a Food Truck or allow Food Truck Activities in the City without having a current and valid Itinerant Vendor Permit obtained from the City. A copy of the Itinerant Vendor Permit shall be displayed in conspicuous view on each Food Truck at all times business is conducted.

B. Every Food Truck shall have the name, address, and telephone number of the holder of the Itinerant Vendor Permit permanently affixed on both the left and right sides of the Food Truck. Such information shall be in letters and numerals not less than four inches in height and shall be in contrast to the color of the background upon which the letters are placed.

C. A written application for an Itinerant Vendor Permit shall be filed with the City Manager, or the City Manager's designee, on a form provided by the City and shall contain the fol lowing information:
l. The name, address, and telephone number of the person applying to become a Food Truck Operator;

2. If the Operator is an agent of an individual, company, partnership, or corporation, the name and business address, phone number, and email address of the principal of such entity;

3. The name, address, and telephone number of the Operator who will be in charge of any Food Truck Activity and/or be responsible for the person(s) working at any Food Truck;

4. The name, address, and telephone number of all persons that will be employed as Food Truck Operators;

5. The number of Trucks the Food Truck Operator will operate within the City under the Itinerant Vendor Permit;

6. The location(s) in the City where the Food Truck Operator intends to operate;

7. The day(s) and hours of operation the Food Truck Operator intends to operate at such location(s);

8. Copies of valid driver's licenses for all individuals who will be driving the Food Truck(s);
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9. A description of the type of Food(s) to be sold from a Food Truck, whether such Food(s) is prepared on site, whether such Food will require a heating element inside or on the Food Truck for Food preparation, and the type of heating element if any;

10. A copy of the County health permit for each Food Truck' I l. The address of the approved commissary where the Food Truck is stored overnight, and a copy of the lease or other documentation establishing storage at the commissary is authorized;

12. Proof that the Food Truck Operator possesses a valid California Department of Tax and Fee Administration seller's permit which notes the City as a location or sublocation, which shall be maintained for the duration of the Operator's Itinerant Vendor Permit;

13. An acknowledgement that the Food Truck Operator will obtain and maintain throughout the duration of any permit issued under this section public liability insurance and property damage insurance, including general commercial liability coverage in an amount not less than $1,000,000;

14. An acknowledgement that use of Public Property is at the Food Truck Operator's own risk, and the City does not take any steps to ensure Public Property is safe or conducive to the Food Truck Activities;

15. An acknowledgment that the Food Truck Operator will comply with all other applicable local, state, and federal laws;

16. A certification that under penalty of perjury, to the applicant's knowledge and beliel the information contained within the application is true and correct;

17. A list of all other cities or other jurisdictions in which the Food Truck Operator has operated a Food Truck within the past l2 months, whether a permit was required to operate, and, if so, whether the permit has been revoked in the past 12 months; and l8.Any other relevant information required by the City Manager, or the City Manager's designee.

D. Such application shall be accompanied by the nonrefundable Itinerant Vendor Permit application fee as established by resolution of the City Council.

5.13.040 Issuance of Permit.

A. Within sixty (60) calendar days of receiving a complete application, the City Manager, or the City Manager's designee may issue an Itinerant Vendor Permit to a Food Truck Operator if he or she finds, based on all of the relevant information, that:
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l. The conduct of such Food Truck Activity will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare or encourage loitering;

2. The conduct of such Food Truck Activity will not unduly interfere with normal goverrrmental or City operations, threaten to result in damage or detriment to Public Property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the Food Truck Operator;

3. The conduct of such Food Truck Activity will not constitute a fire hazard;

4. The conduct of such Food Truck Activity will not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City;

5. The Food Truck Operator has paid anylall administrative fines associated with a previous violation of this Chapter;

6. The Food Truck Operator has not had a previous Itinerant Vendor Permit for Food Truck Activity revoked by the City within the past five years;

7. The application for a Food Truck Operator contains all required information and the Food Truck Operator has not made a materially false, misleading or fraudulent statement of fact to the City in the application process;

8. The Food Truck Operator has satisfied all the requirements of this Chapter;

9. The Food Truck Operator has paid the ltinerant Vendor Permit fee;

10. The Food Truck Operator's Truck and proposed activities conform to the requirements of this Chapter;
I l. The Food Truck Operator has provided adequate insurance to protect the City from liability associated with Sidewalk Vendor Activities, as determined by the City Manager or the City Manager's designee;

12. The Food Truck Operator has not had an individual or business permit or license with any agency, board, city, county, territory, or state denied, revoked, restricted, or suspended within the last five years; and

13. The Food Truck Operator has not been subject to an injunction fbr nuisance, as defined by State or local laws, within the last five years. 25303/11/2024 City Council Agenda

5.13.050 County Health Permit Requirement.

It is unlawful for any person to operate a Food Truck in the City without a current and valid permit, certificate, or other authorization as required by the County of San Bernardino Department of Environmental Health. A copy of said health permit shall be kept in the Food Truck at all times and displayed in conspicuous view upon each Food Truck.

5.13.060 Term and Renewal.

All Itinerant Vendor Permits for Food Truck Operators issued under this Chapter shall expire within a year from the date of issuance, unless earlier revoked in accordance with the provisions of this section. An application to renew an Itinerant Vendor Permit shall be made not later than 30 days before the expiration of the current ltinerant Vendor Permit

5.13.070 Permit Nontransferable.

Itinerant Vendor Permits for Food Truck Operators are non-transferable. Any change in ownership or operation of a Food Truck requires a new ltinerant Vendor Permit as set forth in this Chapter.

5.13.080 Exceptions.

No person shall conduct Food Truck Activities within the City without first obtaining an ltinerant Vendor Permit issued pursuant to the requirements set forth in this Chapter, except under the following conditions:

A. A Special Event permit issued pursuant to the requirements set forth in Chapter 5.16 of Title 5 of this Code, shall be required when the Food Truck Activity is associated with the operation of a City-permitted Special Event, subject to the conditions thereof.

B. An Itinerant Vendor Permit issued pursuant to the requirements set forth in this Chapter shall not be required when the Food Truck Activity is limited to a single Truck on private property with the written authorization of the property owner or lawful lessee/tenant, operating solely for private purposes and when all of the following provisions are met:
l. The Truck is parked entirely on paved portions of private property.

2. Service is limited to the guests of the property owner or lawful lessee/tenant only C. The requirements of this Chapter shall not apply to any Food Truck Operator at a City event or upon City property with the permission of the City Manager, or their designee.

The City Manager shall ensure that the purposes of this Chapter are met by the terms and conditions of any agreement applicable to such Food Truck Operator. 25403/11/2024 City Council Agenda

5.13.090 Operating Conditions.

All Operators shall comply with the following regulations:

A. The Food Truck shall be in full compliance with all parking and Vehicle Code provisions which apply to the location at which it is parked from time to time, including the maximum allowed parking time limit for the parking space(s) occupied.

B. No additional lighting other than that required by the California Vehicle Code may be installed or operated on a Food Truck. No Food Truck that is stopped, parked or standing on any Public Right-of-Way shall display flashing neon or electronic display signs or visual displays that are intended to, or do in fact, distract drivers and draw attention to the Food Truck.

C. No Food Truck Operator shall operate any sound amplification systems or other sound making devices or music systems to advertise, draw attention to, or announce the presence of any such vehicle while such vehicle is moving, stopped, standing, or parked upon any Public Right-of- Way or private street.

D. No Food Truck shall operate before 7:00 a.m. or after 10:00 p.m., including set-up and cleanup, except for private catering functions on private property or Special Events.

E. Food Trucks may only operate on a Public Right-of-Way while parked in a legal parking space.

F. Food Trucks may only operate on Private Property with the written authorization of the property owner or lawful lessee/tenant.

G. No Food Truck may operate in the public right of way on the same block for longer than three (3) hours. The time period is cumulative for all time that the Food Truck is operating on the same block in each 24-hour period, and does not start over by moving the Food Truck to another parking space on the same block or closing the sales window between sales. The time limit does not include set-up or clean-up time, provided that the Food Truck is not Vending or not ready to serve customers during set-up or clean-up.

H. No Operator shall operate on the public right of way within one block of a school, Park, community center or public playground facility; provided, however, that operation at or near a City Park is permissible when it has been approved by the City in conjunction with a Special Event.

I. No Operator shall permit the Food Truck to Vend within one hundred (100) feet of a marked or unmarked crosswalk.

J. Food Trucks on the public right of way shall be parked directly adjacent to a paved sidewalk, free and clear for pedestrian passage. Food service shall be limited solely to that side of the Food Truck facing the adjacent sidewalk. No Food Truck may dispense food 25503/11/2024 City Council Agenda

street side. Under no circumstances may vending occur from the left side of a Food Truck.

Notwithstanding the above provisions, no person shall Vend to any customer whose location creates a traffic hazard.

K. No Food Truck shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon any public right of way. Vending shall only be permitted where the Food Truck has been brought to a complete stop and parked adjacent to the curb in a lawful manner.

L. All Food Trucks shall be equipped with conspicuous refuse containers clearly marked with a sign requesting their use by patrons. The refuse containers must be large enough to contain all trash and refuse generated by the operation of the Food Truck. The Operator of the Food Truck shall pick up all trash and refuse generated by the Operator's Vending during the time the Food Truck is stopped, that is within no less than a one hundred (100) foot radius of the Food Truck vehicle, before such Food Truck is moved. The Food Truck shall take all bags with them when vacating an area. Trash is to include all materials originally dispensed from the Food Truck as well as any other [tems left by patrons, such as cigarette butts.

M. Restocking of a Food Truck is prohibited while the Food Truck is on any public right of way.

N. No Food Truck shall attach to or receive any electrical power or other utilities from any public or private property while the Food Truck is located on any public right of way.

O. Vending is prohibited from a Food Truck that is parked, stopped, or standing on any Public Right-of-Way where the posted speed limit on the public street, alley, or highway is forty miles per hour or greater.

P. No Food Truck shall operate in such a way so as to cause an unacceptable reduction in sight distance for any cross street, crosswalk, driveway or any other similar location where traffic, be it vehicular, pedestrian or bicycle, can be expected to enter the roadway.

Q. No Operator of a Food Truck shall permit objects, including but not limited to tables, chairs, or other furniture, trash receptacles, generators or equipment, to be placed into that portion of the street, alley or highway which is open to vehicular traffic, nor shall any object, including but not limited to tables, chairs, other furniture, trash receptacles, generators or equipment, be placed within or upon the parkway or sidewalk.

R. The Food Truck operations shall not obstruct pedestrian or vehicular traffic.

S. The Food Truck shall not encroach onto a public sidewalk with any part of the vehicle or any other equipment or furniture related to the operation of its business, except for required refuse and recycling receptacles, provided they maintain a clear four-foot pedestrian walkway.
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T. The Food Truck shall be operated within 500 feet travel distance of an approved and readily available toilet and handwashing facility, or as otherwise approved by the City Manager, or the City Manager's designee, to ensure that restroom facilities are available to facility employees whenever the Food Truck is stopped to conduct business for more than a one- hour period.

U. In conformance with the Califomia Retail Food Code, Food Trucks shall be stored at or within an approved commissary in order to have protection from unsanitary conditions.

Food Trucks shall not be stored ovemight outside of an approved commissary.

5.13.100 Revocation of Permit.

Any Food Truck Operator permit may be revoked by the City Manager, or the City Manager's designee for good cause shown, including but not necessarily limited to any of the following reasons:

A. Citation for Operator's third or subsequent violation of the requirements set forth in this Chapter.

B. Falsification of any information supplied by the Food Truck Operator upon which issuance of the Permit was based.

C. Failure of the Food Truck Operator, or any employees or subcontractors of the Operator, to comply with the regulations set forth in this Chapter.

D. Conviction of a violation, or plea of guilty or nolo contendere, by the Food Truck Operator, or any employee, subcontractor or independent contractor of the permittee, of any Federal or State law, or municipal ordinance while in the course of conducting Food Truck Activity pursuant to the City Itinerant Vendor Permit.

E. Conviction of a violation, or a plea of guilty or nolo contendere, by the Food Truck Operator of any applicable provision or requirement of this section.

F. Conviction of, or a plea of guilty or nolo contendere, by the Food Truck Operator of any misdemeanor, or conspiracy to commit, or attempt to commit, the same, which is a crime of moral turpitude or a crime that is violent or sexual in nature, as defined by state and/or local law.

G. No Food Truck Operator whose Permit is revoked shall be eligible to apply for a new Permit for a period of one year following such revocation.

H. In the event of a Food Truck Operator who owns more than one Truck, the revocation shall apply to the Permit for each Truck.
25703/11/2024 City Council Agenda

5.13.110 Appeal Procedures.

Any Food Truck Operator applicant or permittee who is aggrieved by any decision of the City Manager regarding the issuance, conditioning, denial, suspension or revocation of Food Truck Operator Permit may contest the decision in accordance with the procedures set forth in Chapter l.l3 of Title I of this Code.

5.13.120 Nuisance.

The City Council finds and declares that Food Truck Activity conducted in violation of the provisions of this Chapter constitutes a public nuisance subject to abatement.

5.13.130 Penalties.

A. Any person who violates any provision of this Chapter, or who fails to comply with any obligation or requirement of this Chapter, is guilty of a misdemeanor unless the offense is charged as an infraction by a prosecuting attorney.

B. Each person shall be guilty ofa separate offense for each and every day, or part thereof, during which a violation of this Chapter, or of any law or regulation referenced on this Chapter, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.

5.13.140 Administrative citations.

Any person violating the provisions of this Code may be issued an administrative citation by an enforcement officer as provided in Chapter l.l3 of Title I of this Code.

5.13.150 Remedies not exclusive.

Any administrative citation pursuant to this Chapter shall not prejudice or adversely affect any other civil, administrative or criminal action that may be brought to abate a nuisance Food Truck or to seek compensation for damages suffered. A civil or criminal action may be brought concurrently with any other process regarding the same violation.

5.1 3. I 60 Severability.

Ifany section, subsection, paragraph, sentence, clause or phrase ofthis Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have adopted this Chapter, and each section, subsection, paragraph, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, clauses or portions be declared invalid or unconstitutional.
25803/11/2024 City Council Agenda

TO:

FROM:

FOR:

SUBJECT:

Agenda ltem No.

CITY OF YUCAIPA

AGENDA REPORT
Honorable Mayor and City Council
Steven Graham, City Attorney
City Council Meeting of March 11,2024
Adoption of Response to the 2023 Civil Grand Jury Final Report RECOMMENDATION:

That the City Council adopt the proposed response to the 2023 SanBernardino County Civil Grand Jury Final Report and direct that the response be filed with the Presiding Judge of the Superior Court and with the Clerk of the Board of Supervisors.

DISCUSSION:

California Penal Code Section 933(c) requires the City Council to formally adopt and file with the Presiding Judge of the Superior Court a response to the findings and recommendations contained in the Grand Jury's Final Report on matters under the Council's purview no later than 90 days after the Final Report is submitted. The 2023 San Bernardino County Civil Grand Jury submitted its Final Report on December 15, 2023, giving the Council through March 14,2024 to adopt and file its response.

The 2023 San Bernardino County Civil Grand Jury Final Report contains findings and recommendations pertaining to multiple public agencies and programs, including San Bernardino County Children and Family Services, Redlands Animal Shelter, City of San Bernardino Department of Animal Services, OmniTrans, Trona Joint Unified School District, San Bemardino County and City Jails, and the Yucaipa City Council. The proposed response addresses the pertinent findings and recommendations in compliance with Penal Code Section 933(c).

FISCAL IMPACT:

None. While there will be costs associated with implementing new training programs, these programs were anticipated prior to the Civil Grand Jury's investigation.

Attachments:
l. Proposed Response to the 2023 San Bernardino County Civil Grand Jury Final Report

2. 2023 San Bernardino County Civil Grand Jury Final Report Approved By
15 25903/11/2024 City Council Agenda

ATTACHME,NT 1
26003/11/2024 City Council Agenda

COPIES OF THIS ATTACHMENT WILL
BE PROVIDED AT THE MEETING.
26103/11/2024 City Council Agenda

ATTACHMENT 2
26203/11/2024 City Council Agenda

FINAL
REPORT

SAN BERNARDINO COUNTY

CIVIL GRAND JURY
2023SAN BER N A R DINO COU
N
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Y26303/11/2024 City Council Agenda

SAN BER N A R DINO COU
N
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YGRAND J U R YQuaerite Ve r i t a temINSERT GRAND JURY LOGO HERE December 15, 2023

Honorable R. Glenn Yabuno, Presiding Judge
Superior Court of California, County of San Bernardino
247 West Third Street, 11th Floor
San Bernardino, CA 92415-0302

To the Honorable Judge Yabuno,

It is my honor and privilege as the Foreperson of the 2023 San Bernardino County Civil Grand Jury to present to you, and the citizens of San Bernardino County, the 2023 San Bernardino County Civil Grand Jury Final Report.

As a Grand Jury, we are selected to represent the people of San Bernardino County, investigate local government, and suggest change. The nineteen members who served on this year’s Civil Grand Jury were an exceptional group of critical thinkers who strove to ensure that empirical, fact-based reports were produced free from bias or persuasive arguments. Every investigation the Grand Jury undertook was comprehensive in its scope, diligent in its verification of facts, and meticulously written and edited. I would like to thank the jurors who served San Bernardino County with unfailing courtesy, a cooperative spirit, passion, and good humor. I am privileged to have had the opportunity to work with such a dedicated group.

During our year together, some of our members had loved ones pass away, including husbands, fathers, uncles, brothers, and sisters. All the jury members supported them in their time of need.

The Grand Jury’s role is to oversee county government and I applaud the courage of this year’s Grand Jury. We are hopeful that our government and elected officials mirror that passion when considering and responding to the recommendations in this report. A community cannot move forward without participation from both its citizens, its elected officials, and other governmental agencies. The Grand Jury hopes that the necessary dialogue will happen, and bring about the needed changes, paving the way for progress, and understanding.

This year’s Grand Jury reviewed and addressed citizen complaints throughout the year.

The Civil Grand Jury is mandated by California Penal Code section 919(B) to inquire into the condition and management of the public prisons within the county. In this capacity the San Bernardino County Civil Grand Jury visited both state prisons in our county: the Women 's Prison in Chino and the Men's Prison in Chino. Both facilities showcase their expanding rehabilitation programs, support staff and well-knitted administrations. The tours were both enlightening and informative to the San Bernardino County Civil Grand Jury. Rehabilitation, recovery, and reintegration appear to be the central goal for the prisons in San Bernardino County. The Grand Jury wants to thank both facilities for the extensive time and effort given to strive for these high standards.

On behalf of all the Civil Grand Jury members, I would like to express our gratitude to all the departments and agencies of the County of San Bernardino, for their exemplary cooperation. A special thank you to you, Judge Yabuno, for always being available, even on short notice. It was a true pleasure to work with you.

A thank you to Sheriff Shannon Dicus for his cooperation with, and assistance to, the Grand Jury. Sheriff Dicus invited the Grand Jury to experience the Sheriff’s simulation experience at their training facility. We were able to participate in a “Shoot/Don't Shoot” simulation. That experience was a true eye opener, as we had to react to split second decisions. For the Grand Jurors, it was an intriguing, entertaining, and informative experience. But for the Sheriff and his deputies it is a matter of life and death.

I would also like to thank Mary Ashley of the San Bernardino County District Attorney’s Office for her outstanding support. As the Grand Jury’s legal advisor, Mary provided training in all aspects of the law as it

INSERT GRAND JURY LOGO HERE
December 15, 2023

Honorable R. Glenn Yabuno, Presiding Judge
Superior Court of California, County of San Bernardino
247 West Third Street, 11th Floor
San Bernardino, CA 92415-0302

To the Honorable Judge Yabuno,

It is my honor and privilege as the Foreperson of the 2023 San Bernardino County Civil Grand Jury to present to you, and the citizens of San Bernardino County, the 2023 San Bernardino County Civil Grand Jury Final Report.

As a Grand Jury, we are selected to represent the people of San Bernardino County, investigate local government, and suggest change. The nineteen members who served on this year’s Civil Grand Jury were an exceptional group of critical thinkers who strove to ensure that empirical, fact-based reports were produced free from bias or persuasive arguments. Every investigation the Grand Jury undertook was comprehensive in its scope, diligent in its verification of facts, and meticulously written and edited. I would like to thank the jurors who served San Bernardino County with unfailing courtesy, a cooperative spirit, passion, and good humor. I am privileged to have had the opportunity to work with such a dedicated group.

During our year together, some of our members had loved ones pass away, including husbands, fathers, uncles, brothers, and sisters. All the jury members supported them in their time of need.

The Grand Jury’s role is to oversee county government and I applaud the courage of this year’s Grand Jury. We are hopeful that our government and elected officials mirror that passion when considering and responding to the recommendations in this report. A community cannot move forward without participation from both its citizens, its elected officials, and other governmental agencies. The Grand Jury hopes that the necessary dialogue will happen, and bring about the needed changes, paving the way for progress, and understanding.

This year’s Grand Jury reviewed and addressed citizen complaints throughout the year.

The Civil Grand Jury is mandated by California Penal Code section 919(B) to inquire into the condition and management of the public prisons within the county. In this capacity the San Bernardino County Civil Grand Jury visited both state prisons in our county: the Women 's Prison in Chino and the Men's Prison in Chino. Both facilities showcase their expanding rehabilitation programs, support staff and well-knitted administrations. The tours were both enlightening and informative to the San Bernardino County Civil Grand Jury. Rehabilitation, recovery, and reintegration appear to be the central goal for the prisons in San Bernardino County. The Grand Jury wants to thank both facilities for the extensive time and effort given to strive for these high standards.

On behalf of all the Civil Grand Jury members, I would like to express our gratitude to all the departments and agencies of the County of San Bernardino, for their exemplary cooperation. A special thank you to you, Judge Yabuno, for always being available, even on short notice. It was a true pleasure to work with you.

A thank you to Sheriff Shannon Dicus for his cooperation with, and assistance to, the Grand Jury. Sheriff Dicus invited the Grand Jury to experience the Sheriff’s simulation experience at their training facility. We were able to participate in a “Shoot/Don't Shoot” simulation. That experience was a true eye opener, as we had to react to split second decisions. For the Grand Jurors, it was an intriguing, entertaining, and informative experience. But for the Sheriff and his deputies it is a matter of life and death.

I would also like to thank Mary Ashley of the San Bernardino County District Attorney’s Office for her outstanding support. As the Grand Jury’s legal advisor, Mary provided training in all aspects of the law as it 26403/11/2024 City Council Agenda

INSERT GRAND JURY LOGO HERE
pertains to Civil Grand Juries. She had an “open door” policy and made herself available at any time throughout our term. She provided both support and counsel to the members of the Grand Jury.

A very special thank you to our Grand Jury coordinator, Valerie Silvas. Words cannot describe the amount of work she does behind the scenes for the Grand Jury. Valerie is always helpful and cheerful. She is also very discreet. The Grand Jury could not have functioned as efficiently without her.

And special gratitude to the County of San Bernardino for our new Grand Jury offices. Due to a fire last year, we were displaced from our jury room and were temporarily housed in the old courthouse. Beginning in June, we moved into a new air-conditioned office that is an outstanding facility. After we moved in, you, Judge Yabuno, brought his staff over for a visit. We very much appreciated that.

I would also like to thank the IT Department, and especially our IT Specialist Greg Henry. Greg set up our Wi-Fi, as well as all our telecommunications and computers at the new location. He checked with every Jury member on each Thursday of the year to fix any problems that may have come up. We had no down time due to IT problems. Again, thank you, Greg.

I wish to express my appreciation for having the honor of serving as the foreperson of the 2023 Civil Grand Jury.

Thank you to my fellow jurors who worked so diligently in investigating concerns and complaints as well as compiling data for our final report. I personally commend and thank each Grand Juror for their dedication and commitment to the success of our term. I know the Jurors spent many hours interviewing, investigating, and debating the merits of each investigation.

As foreperson, it has been a distinct honor for me and my fellow jurors to serve our community during these past twelve months. It is important that all the people of the county be part of the process. We encourage every citizen of this county to consider participating in future Civil Grand Juries. We believe our efforts help improve San Bernardino County, making it a better place for all its citizens.

Sincerely,

Bruce Miner, 2023 Civil Grand Jury Foreperson SAN BER N A R DINO COU N
T
YGRAND J U R YQuaerite Ve r i t a tem
26503/11/2024 City Council Agenda

SAN BERNARDINO COUNTY
2023 CIVIL GRAND JURY

OFFICERS:

BRUCE MINER * FOREMAN
BRUCE MCGUIRE * FOREMAN PRO TEM
MARGARET BREWSTER * SECRETARY
LIZA LOPEZ * SECRETARY
TIMOTHY STEENSON * SERGEANT-AT-ARMS

MEMBERS:

ULYSSES ALBERT JR. * DONNA KENNEY-CASH
EDWARD BROWN * NONIE KLEINHANS
MARILYN CARROLL * LINO MARTINEZ
DAVID CEBALLOS * DAVID MUNOZ WILLIAM CHAPMAN * MELVIN PICKENS
THOMAS GAFNEY * KIMBERLY REDDIX
DONNA JORDAN * FELIX SEPULVEDA

ADMINISTRATION:

PRESIDING JUDGE * R. GLENN YABUNO
LEGAL ADVISOR * MARY ASHLEY, DDA
GRAND JURY COORDINATOR * VALERIE SILVAS AUTOMATED SYSTEMS ANALYST * GREG HENRY
GRAPHIC DESIGNER * OSCAR AGUIRRE
26603/11/2024 City Council Agenda

SAN BERNARDINO COUNTY
2023 CIVIL GRAND JURY

Back Row (left to right): Bruce Miner. William Chapman, Melvin Pickens, Timothy Steenson, Thomas Gafney, David Ceballos, Bruce McGuire, Edward Brown, Lino Martinez Front Row (left to right): Donna Jordan, Liza Lopez, Felix Sepulveda, Donna Kenney-Cash, Marilyn Carroll, Kimberly Reddix, Ulysses Albert Jr.

Not Pictured: Margaret Brewster, Nonie Kleinhans

Honorable
R. Glenn Yabuno
26703/11/2024 City Council Agenda

TABLE OF CONTENTS

2023

SAN BERNARDINO COUNTY CIVIL GRAND JURY

FINAL REPORT

RESPONSE ACCOUNTABILITY

Introduction ............................................................................................................. 1

San Bernardino County Children and Family Services ........................................... 5

Redlands Animal Shelter ........................................................................................ 8

COMPLAINTS
Introduction ............................................................................................................. 15

REPORTS

Grand Jury Reports

City of San Bernardino Department of Animal Services ......................................... 17

OmniTrans and San Bernardino County ................................................................. 37

Trona Joint Unified School District .......................................................................... 98

Yucaipa City Council .............................................................................................. 132

Informative Reports

San Bernardino County and City Jails...………………….…………………………...155

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This Page Left Intentionally Blank
Established April 26, 1853
Named in 1810 by Francisco Dumetz
20,105 Square Miles
2020 Population was 2,181,654
24 Cities
5 Native American Reservations
7 National Forests And Parks
35 Official Wildness Areas
8684 Acres of County Regional Parks
12 Airports (2 International)
12 Colleges and Universities
33 School Districts
50 Public Libraries
34 Museums
2500 miles of roads and 300 bridges
26903/11/2024 City Council Agenda

N0 30 mi
C

A

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I

F

O

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N

I

A
N

E

V

A

D

A
ARI
Z
ON
A

TWE NTY NINE

PA LMS USMC

FORT IR WIN

NA TIONAL

TR AINING CE NTER
MOJAVE

NATIONAL

PRES ERVE
M ojave R iv e r
Harper
Lake
Excelsor
Mine Rd
Kelbaker Rd
National TrailsHwyKelso Rd Cooper
City Rd Fort Irwin
Rd
National
Trails Hwy
Moj ave Deser t
55 miles to
Las Vegas
395
95 15
15 40
18 38330 95
95 247
62 62
18 247
127
10 60
Red Mountain
Johannesburg
Daggett
Ludlow
Newberry
Springs
Oro Grande
Adelanto
Yermo
Barstow
Amboy
Goldstone
Hinkley
Fort Irwin Baker
Trona
Cima
Kelso
Essex
Needles
Old
Route 66Amboy
Crater
Zzyzx
Afton Canyon
Mtns SRA
Southern
California
Int’l Airport
CinderCones
NNL
Calico Ghost
Town RP
Rainbow
Basin NNL
Mitchell
Caverns
Cima
Dome
Pinnacles
NNL
Devil’s Punchbowl
Natural Area

JOSHU A TREE

DEATH VALLEY
ParkerDam
Twentynine
Palms
Landers
Joshua Tree
YuccaValley
Morongo Valley
Vidal Big
River
Earp
VidalJunction
Bristol
Lake
Cadiz
Lake Darby
Lake
Emerson
Lake
Mojave Amboy Rd
ParkBlvd
Chino Hills
State Park
North Etiwanda
Preserve
Prado Regional Park
San Bernardino
National Forest
Wildwood
Canyon
State Park
Big Morongo
Canyon Preserve
Big BearBig Bear Lake
Pioneertown
Apple Valley
Victorville
Phelan Hesperia
Muscoy
Colton Redlands Yucaipa
Fontana
Highland
Chino
Ontario
Rancho
Cucamonga
Lucerne Valley
Running
Springs
Lake Arrowhead
Silverwood Lake
Citizens
Bank Arena
Mountain High Resort
Victoria Gardens
Cultural Center
San Bernardino
Int’l Airport
Ontario
Mills
Snow Summit
Mountain Resort
Planes of Fame
Air Museum
P
a
c
i
f
i
c
C
r
e
s
t

T
r
a
i
l
Santa Ana
R
i
v
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r
Auto Club
Speedway San Bernardino
Established April 26, 1853
Named in 1810 by Francisco Dumetz
20,105 Square Miles
2020 Population was 2,181,654
24 Cities
5 Native American Reservations
7 National Forests And Parks
35 Official Wildness Areas
8684 Acres of County Regional Parks
12 Airports (2 International)
12 Colleges and Universities
33 School Districts
50 Public Libraries
34 Museums
2500 miles of roads and 300 bridges
President Lyndon B
Johnson at the age of
17 (1925) worked as an
elevator operator in the
San Bernardino’s Plat
Building
Home of the first
McDonald’s restaurant in
1940 at 1398 North E Street
The Rolling Stones first US
concert tour started in San
Bernardino on June 5, 1964
at The Swing Auditorium
The City of Colton’s first
Marshall (1887-1889)
was Virgil Earp, the older
brother of Wyatt and
Morgan Earp
1 2 3 4
27003/11/2024 City Council Agenda

27103/11/2024 City Council Agenda

RESPONSE

ACCOUNTABILTY

SAN BERNARDINO COUNTY

CIVIL GRAND JURY
2023SAN BER N A R DINO COU
N
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YRESPONSE ACCOUNTABILITY27203/11/2024 City Council Agenda

RESPONSE AND ACCOUNTABILITY REPORT

SUMMARY
The 2023 San Bernardino County Civil Grand Jury examined the responses to the Final Report published by the 2022 Civil Grand Jury. This report follows up on the responses to the 2022 Civil Grand Jury’s recommendations. Those reports were:

 For the Children: The San Bernardino County Children and Family Services: Is It Too Broken to Fix?

 Working Together for the Animals: Redlands Animal Shelter

THE LAW
Penal Code § 933.05(b):
 Responses are to be received in a timely manner. Elected officials must respond within 60 days of the report’s publication.

Boards must respond within 90 days. The Final Report was published December 16, 2022.

 Responses to the findings will be 1) agrees, 2) partially disagrees, or 3) disagrees. Any disagreement with a finding will include the text of the finding and an explanation for the disagreement.

 Responses to recommendations: the respondent is required by law (Penal Code § 933.05(b) to indicate one of the following (b 1, b 2, b 3 or b 4):

b1) The recommendation has been implemented, with a summary regarding the implemented actions.
1San Bernardino County Grand Jury Final Report
27303/11/2024 City Council Agenda

b2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.

b3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for the discussion by the officer or head of the agency or department being investigated, including the governing body of the public agency when applicable.

The timeframe shall not exceed six months from the date of the publication of the Grand Jury report.

b4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor.

BACKGROUND
The duties of the Response and Accountability Committee are to follow up on the previous year’s recommendations of the Grand Jury Final Reports and to evaluate the responses that are received for each listed recommendation. The Response and Accountability Committee verifies the legal compliance of each response and evaluates the continuity of recommendations that have been or will be implemented.

METHODOLOGY
The 2023 San Bernardino County Civil Grand Jury reviewed the responses to the two reports published in 2022. The Grand Jury reviewed the responses for compliance and conducted observations.

The Civil Grand Jury (CGJ) visited the San Bernardino County Children and Family Services (CFS) office in the City of San Bernardino. The CGJ also conducted an observation of the Redlands Animal Shelter. Both visitations were made to understand how some recommendations have or have not been implemented, and if changes have indeed been made. 2 San Bernardino County Grand Jury Final Report
27403/11/2024 City Council Agenda

DISCUSSION
San Bernardino County Children and Family Services
The 2023 Civil Grand Jury received the responses from CFS within the allowed 90-day timeline. All Findings were responded to and marked Agree or Disagree. All responses are legally compliant.

During the visit to the CFS office on May 17, 2023, the Civil Grand Jury noted that the children who are temporarily housed in the office while waiting for placement are housed near the bathrooms, but still have no showers in the building. Also, plans are pending for more temporary beds in foster homes throughout the county. Assistant Social Workers (ASWs) are taking over some of the paperwork tasks, thus freeing the social workers to spend more time in the field. Hiring shortages and staff retention continue to be a problem at CFS.

All responses (see Appendix A) to the recommendations by the 2022 Civil Grand Jury are compliant with the law, regarding Penal Code § 933.05(b).

However, it is also noted that most responses to recommendations will not be implemented.

Redlands Animal Shelter
The 2023 San Bernardino County Civil Grand Jury received the responses from the Redlands Animal Shelter within the required 90-day timeline. All Findings were responded to and marked Agree or Disagree.

The Civil Grand Jury noted that the Redlands Animal Shelter has made several positive changes beginning in July 2022, after the CGJ had been investigating the shelter since March 2022. The reassignment from the Police Department to the Facilities and Community Services Department in the City of Redlands was instrumental in the positive changes.

All of Redlands’ responses are legally compliant (see Appendix B) and most recommendations are being implemented. Of those which have not yet been implemented, many will be in the future.

Many improvements were noted during the visitation of May 19, 2023. The shelter now has a permanent Animal Control Officer Supervisor. Shelter 3San Bernardino County Grand Jury Final Report
27503/11/2024 City Council Agenda

management is very knowledgeable and optimistic. The shelter is clean, and many positive changes have been implemented. These changes include:
 working with community-based rescues
 already utilizing 20 plus volunteers with the potential for additional volunteers in the future
 exercising the dogs many times per week
 fostering out most of the cats and kittens
 doing community outreach events multiple times per month  searching for a Supervisor of Volunteers
 soliciting bids for veterinary services
The San Bernardino County Civil Grand Jury commends the Redlands Animal Shelter, the Department of Facilities and Community Services and the Redlands City Council for all the positive changes implemented since July 2022.

CONCLUSION
The 2023 San Bernardino County Civil Grand Jury appreciates the responses received from the entities above. The Redlands Animal Shelter has implemented many positive changes since the Civil Grand Jury began its investigation in March 2022.

However, notwithstanding some of the improvements noted, the Civil Grand Jury is disappointed with many of the responses from the San Bernardino County Department of Children and Family Services.

DISCUSSION San Bernardino County Children and Family Services The 2023 Civil Grand Jury received the responses from CFS within the allowed 90-day timeline. All Findings were responded to and marked Agree or Disagree. All responses are legally compliant. During the visit to the CFS office on May 17, 2023, the Civil Grand Jury noted that the children who are temporarily housed in the office while waiting for placement are housed near the bathrooms, but still have no showers in the building. Also, plans are pending for more temporary beds in foster homes throughout the county. Assistant Social Workers (ASWs) are taking over some of the paperwork tasks, thus freeing the social workers to spend more time in the field. Hiring shortages and staff retention continue to be a problem at CFS. All responses (see Appendix A) to the recommendations by the 2022 Civil Grand Jury are compliant with the law, regarding Penal Code § 933.05(b). However, it is also noted that most responses to recommendations will not be implemented. Redlands Animal Shelter The 2023 San Bernardino County Civil Grand Jury received the responses from the Redlands Animal Shelter within the required 90-day timeline. All Findings were responded to and marked Agree or Disagree. The Civil Grand Jury noted that the Redlands Animal Shelter has made several positive changes beginning in July 2022, after the CGJ had been investigating the shelter since March 2022. The reassignment from the Police Department to the Facilities and Community Services Department in the City of Redlands was instrumental in the positive changes.

All of Redlands’ responses are legally compliant (see Appendix B) and most recommendations are being implemented. Of those which have not yet been implemented, many will be in the future.

Many improvements were noted during the visitation of May 19, 2023. The shelter now has a permanent Animal Control Officer Supervisor. Shelter 4 San Bernardino County Grand Jury Final Report
27603/11/2024 City Council Agenda

APPENDIX A
For the Children: The San Bernardino County Children and Family Services:

Is It Too Broken to Fix?
Pursuant to Penal Code § 933.05, the San Bernardino County Civil Grand Jury requires a response from the following:

CFS (Children and Family Services)

(2022 Grand Jury Final Report)

Compliance Chart
R: Recommendation
b-1: The recommendation has been implemented
b-2: The recommendation will be implemented in the future b-3: The recommendation needs more consideration
b-4: The recommendation will not be implemented because it is not warranted or reasonable

Responding
Agency
Recommendation Response
Date:

Timely or
Tardy?
CFS
Response
Penal
Code
§
933.05
Compliant
?
Yes/No
CFS R1: Disband CFS Timely –
Received
March 13,
2023
Will not be
implemented
b-4

YES
CFS R2: Create
Community
Outreach Services
Unit
Timely –
Received
March 13,
2023
Will not be
implemented
b-4

YES
CFS R3: Form a
Watchdog
Commission
Timely –
Received
March 13,
2023
Will not be
implemented
b-4

YES
CFS R4:

Medical/Mental
Examinations
before Placement
Timely –
Received
March 13,
2023
Will not be
implemented
b-4

YES
5San Bernardino County Grand Jury Final Report
27703/11/2024 City Council Agenda

CFS R5: CFS to
implement system
to track abuse
allegations
Timely –
Received
March 13,
2023
Part has
been
implemented
; Part will not
be
implemented
b1
and
b4
YES
CFS R6: Four
visitations per
month by Social
Workers
Timely –
Received
March 13,
2023
Will not be
implemented
b-4

YES
CFS R7: Mandatory
monthly training
for Resource
Parents
Timely –
Received
March 13,
2023
Will not be
implemented
b-4 YES
CFS R8: Checklist for
Child Abuse
Interviews
Timely –
Received
March 13,
2023
This has
been
implemented
b1 YES
CFS R9: Hire additional
Child Life
Specialists
Timely –
Received
March 13,
2023
Will not be
implemented
b-4 YES
CFS R10: Hire
additional mental
health specialists
Timely –
Received
March 13,
2023
Will not be
implemented
b-4 YES
CFS R11: Quarterly
Review by CFS &
Law Enforcement
of Child Abuse
Cases
Timely –
Received
March 13,
2023
Part has
been
implemented
; Part will not
be
implemented
b-1
and b-
4 YES
CFS R12: Reduce
Social Workers’
caseloads
Timely –
Received
March 13,
2023
Part has
been
implemented
; Part will not
be
implemented
b-1
and b-
4 YES
CFS R13: Standardize
interview & written
report of children’s
interviews by
Social Workers
Timely –
Received
March 13,
2023
This has
been
implemented
b-1 YES
6 San Bernardino County Grand Jury Final Report
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CFS R14: Required
Number &
Attendees for
Baby & Toddlers’
Monthly Visits
Timely –
Received
March 13,
2023
Will not be
implemented
b-4

YES
CFS R15: Create
Temporary
Sheltering Centers
Timely –
Received
March 13,
2023
Will not be
implemented
b-4 YES
CFS R16: Train
Children to Identify
Grooming &
Predatory
Behaviors
Timely –
Received
March 13,
2023
Will not be
implemented
b-4 YES
CFS R17: Provide
Medi-Cal cards &
info to Foster
Family Agencies
w/in 20 days.

Timely –
Received
March 13,
2023
Will not be
implemented
b-4 YES
CFS R18: Vetting
Process of Foster
& Visitation
Settings
Timely –
Received
March 13,
2023
Will not be
implemented
b-4 YES

7San Bernardino County Grand Jury Final Report
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APPENDIX B
Working Together for the Animals: Redlands Animal Shelter Pursuant to Penal Code §933.05, the San Bernardino County Civil Grand Jury requires a response from the following:
the Redlands City Council (RCC)

(2022 Grand Jury Final Report)

Compliance Chart
R: Recommendation
b-1: The recommendation has been implemented
b-2: The recommendation will be implemented in the future b-3: The recommendation needs more consideration
b-4: The recommendation will not be implemented because it is not warranted or reasonable
Responding
Agency
Recommendation Response
Date:

Timely or
Tardy?
Redlands
Response
Penal
Code
§
933.0
5 Complian
t?
Yes/No
RCC R1: Plans for new
building
Timely –
Received
March 14,
2023
Needs more
consideration
b-3 YES
RCC R2: Track
medications
Timely –
Received
March 14,
2023
This has
been
implemented
b-1 YES
RCC R3: Checklist for
each cage
Timely –
Received
March 14,
2023
Will not be
implemented
b-4 YES
RCC R4: Clean cages 3
times daily
Timely –
Received
March 14,
2023
Will not be
implemented
b-4 YES
RCC R5: Animal Intake
procedures
Timely –
Received
March 14,
2023
Part has
already been
implemented,
and part will
b-1
and
b-4
YES
8 San Bernardino County Grand Jury Final Report
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not be
implemented
RCC R6: Euthanasia
tracking
Timely –
Received
March 14,
2023
This has
been
implemented
b-1 YES
RCC R7: Develop
partnerships with
rescue groups
Timely –
Received
March 14,
2023
Part has
already been
implemented,
and part will
not be
implemented
b-1
and
b-4
YES
RCC R8: Relinquish
animals to rescue
groups
Timely –
Received
March 14,
2023
This has
been
implemented
b-1 YES
RCC R9: Hire full-time
Shelter Manager
Timely –
Received
March 14,
2023
This has
been
implemented
b-1 YES
RCC R10: Increase
number of
employees
Timely –
Received
March 14,
2023
Needs more
consideration
b-3 YES
RCC R11: Utilize
Volunteers
Timely –
Received
March 14,
2023
This has
been
implemented
b-1 YES
RCC R12: Sexual
Harassment &
adverse working
conditions training

Timely –
Received
March 14,
2023
Part will be
implemented
in the future,
and part will
not be
implemented
b-2
and
b-4
YES
RCC R13: Anonymous
reporting of sexual
harassment
Timely –
Received
March 14,
2023
Will not be
implemented
b-4 YES
RCC R14: Cameras &
audio in Animal
Control Officers’
trucks
Timely –
Received
March 14,
2023
Will not be
implemented
b-4 YES
9San Bernardino County Grand Jury Final Report
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RCC R15: Conduct
adoption events
Timely –
Received
March 14,
2023
Part has
already been
implemented,
and part will
not be
implemented
b-1
and
b-4
YES
RCC R16: Develop
volunteer training
materials

Timely –
Received
March 14,
2023
This will be
implemented
in the future
b-2 YES
RCC R17: Employees to
complete Certified
Animal Control
Officer Program
Timely –
Received
March 14,
2023
Part will be
implemented
in the future,
and part will
not be
implemented
b-2
and
b-4
YES
RCC R18: Employee
Continuing
Education
Timely –
Received
March 14,
2023
Part will be
implemented
in the future,
and part will
not be
implemented
b-2
and
b-4
YES
RCC R19: Donation
Amount & Usage
Reporting
Timely –
Received
March 14,
2023
Will not be
implemented
b-4 YES
RCC R20: Donation
receipts
Timely –
Received
March 14,
2023
This has
been
implemented
b-1 YES
RCC R21: Specific
purpose donation
tracking
Timely –
Received
March 14,
2023
Will not be
implemented
b-4 YES
RCC R22: Monthly
physical inventory
of supplies
Timely –
Received
March 14,
2023
This has
been
implemented
b-1 YES
RCC R23: Bidding on
veterinary services
Timely –
Received
March 14,
2023
Will not be
implemented
b-4 YES
10 San Bernardino County Grand Jury Final Report
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RCC R24: Rescue
Groups &
Volunteers to help
with Fundraising
Timely –
Received
March 14,
2023
This has
been
implemented
b-1 YES
RCC R25: Shelter
Manager to take
grant writing class
& apply for grants
Timely –
Received
March 14,
2023
Will not be
implemented
b-4 YES
RCC R26: Operational
audit by an
independent
agency
Timely –
Received
March 14,
2023
This has
been
implemented
b-1 YES
RCC R27: Form an
oversight
committee for the
shelter
Timely –
Received
March 14,
2023
Needs more
consideration
b-3 YES
RCC R28: Complaint
handling process
Timely –
Received
March 14,
2023
Will not be
implemented
b-4 YES

11San Bernardino County Grand Jury Final Report
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RESPONSE AND ACCOUNTABILITY REPORT

SUMMARY
The 2023 San Bernardino County Civil Grand Jury examined the responses to the Final Report published by the 2022 Civil Grand Jury. This report follows up on the responses to the 2022 Civil Grand Jury’s recommendations. Those reports were:

 For the Children: The San Bernardino County Children and Family Services: Is It Too Broken to Fix?

 Working Together for the Animals: Redlands Animal Shelter

THE LAW
Penal Code § 933.05(b):
 Responses are to be received in a timely manner. Elected officials must respond within 60 days of the report’s publication.

Boards must respond within 90 days. The Final Report was published December 16, 2022.

 Responses to the findings will be 1) agrees, 2) partially disagrees, or 3) disagrees. Any disagreement with a finding will include the text of the finding and an explanation for the disagreement.

 Responses to recommendations: the respondent is required by law (Penal Code § 933.05(b) to indicate one of the following (b 1, b 2, b 3 or b 4):

b1) The recommendation has been implemented, with a summary regarding the implemented actions.
12 San Bernardino County Grand Jury Final Report
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RESPONSE AND ACCOUNTABILITY REPORT

SUMMARY
The 2023 San Bernardino County Civil Grand Jury examined the responses to the Final Report published by the 2022 Civil Grand Jury. This report follows up on the responses to the 2022 Civil Grand Jury’s recommendations. Those reports were:

 For the Children: The San Bernardino County Children and Family Services: Is It Too Broken to Fix?

 Working Together for the Animals: Redlands Animal Shelter

THE LAW
Penal Code § 933.05(b):
 Responses are to be received in a timely manner. Elected officials must respond within 60 days of the report’s publication.

Boards must respond within 90 days. The Final Report was published December 16, 2022.

 Responses to the findings will be 1) agrees, 2) partially disagrees, or 3) disagrees. Any disagreement with a finding will include the text of the finding and an explanation for the disagreement.

 Responses to recommendations: the respondent is required by law (Penal Code § 933.05(b) to indicate one of the following (b 1, b 2, b 3 or b 4):

b1) The recommendation has been implemented, with a summary regarding the implemented actions.
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SAN BERNARDINO COUNTY

CIVIL GRAND JURY
2023SAN BER N A R DINO COU
N
T

YCOMPLAINTS
COMPLAINTS28703/11/2024 City Council Agenda

COMPLAINTS

The San Bernardino County Civil Grand Jury receives numerous citizen complaints throughout the year. The 2023 Grand Jury received a total of 25 complaints. Every complaint is carefully reviewed by the Grand Jury for issues regarding appropriate jurisdiction and importance of the complaint topic.

After completion of the initial review of a citizen complaint, the Grand Jury may approve the complaint and assign it to an appropriate committee. The committee will conduct an investigation with appropriate oversight by the full Grand Jury. A written report of the committee’s findings and recommendations regarding a specific complaint may or may not be included in the year-end Grand Jury’s Final Report.

The process of submitting a citizen complaint is to obtain a Confidential Citizen Complaint form from either the Grand Jury’s website or by calling the Grand Jury’s office at (909) 382-3971. The website is http://wp.sbcounty.gov/grandjury/file-a- complaint/. Once the complaint form has been completed and signed, it can be returned to the Grand Jury’s office for processing. Although the Grand Jury usually does not investigate anonymous complaints, it may conduct an investigation depending on the issue.

15San Bernardino County Grand Jury Final Report
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SAN BERNARDINO COUNTY

CIVIL GRAND JURY
2023SAN BER N A R DINO COU
N
T

YREPORTS
REPORTS29003/11/2024 City Council Agenda

WHO LET THE DOGS OUT?

A TAIL IN TWO CITIES

17San Bernardino County Grand Jury Final Report
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SUMMARY
The 2023 San Bernardino County Civil Grand Jury (Civil Grand Jury, Grand Jury, GJ) has concerns with the increasing reports of dog bites and how they are handled by the animal services departments within San Bernardino County. An investigation was initiated by the Grand Jury and the following report contains the findings of said investigation.

On the morning of October 7, 2022, an elderly woman was walking in the Baldy Mesa area of San Bernardino County when she was attacked by two Dogo Argentino dogs. These animals are muscular, weigh between 80 and 100 pounds and, in the early twentieth century, were bred for dog fighting and hunting large game, such as wild boar.

When deputies arrived to assist, the woman was unresponsive. The 80- year-old had been mauled to death.

The 2023 Grand Jury found that hundreds of people nationwide are bitten or attacked by dogs. Unfortunately, many of the victims are children ( www.Dogsbite.org) .

Indeed, in a comparison with a city similar in population to San Bernardino, the Grand Jury found San Bernardino with a population of 220,328 had twice as many dog bites as Rancho Cucamonga with a population of 176,336 (US 2020 Census).

Dogs running loose and the number of dog bites have been on the rise in the City of San Bernardino. The San Bernardino City Animal Services Shelter is full of dogs waiting to be picked up by their owners or to be adopted by someone.

Many city residents have sustained bites by stray or loose animals. It is often difficult to find the dogs who bite people, and then locate their owners once a bite happens because:
• the dog runs away
• the owner, in fear of losing his/her dog to Animal Services, refuses to cooperate with the Animal Control Officer (ACO) who is attempting to assist
• the person bitten is not likely to chase after the dog 18 San Bernardino County Grand Jury Final Report
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“Studies conducted by the American Veterinary Medical Association have concluded that the most common causes of fatal dog attacks are preventable factors related to irresponsible ownership, abuse and/or neglect and failure to properly supervise large or strong dogs. Most fatalities are usually the result of human controlled factors specific to the circumstances surrounding the incident.” ( www.avma.org) Bites from dogs are an important public health issue. According to “DogsBite.org”, a research and education nonprofit organization, in the period between 2010 to 2019, there were 369 dog bite fatalities in the US.

Five of these fatalities occurred in San Bernardino County. Three of those five were children under the age of three.

Whether in the City of San Bernardino, the County of San Bernardino or nationally, dog bites can lead to death, disfigurement, disability, and infectious diseases such as rabies. In most cases, it is a traumatic experience that can be reduced by a variety of means.

The 2023 Grand Jury investigated the City of San Bernardino Department of Animal Services. For the purpose of this report, the name San Bernardino City Animal Services will be used (SBCAS, Animal Services).

The Grand Jury toured and observed the kennels; however, the focus of this investigation centered on Animal Control Officers and Field Services.

Evidence revealed that the public has a misconception of the ACO’s role dealing with safe, healthy, pet ownership. Animal Control Officers are not the “Dog Catcher”. ACOs do not stalk the streets with large nets attached to long poles. The goal of the officer is to intervene and provide public education and safety. They are dedicated and educated animal lovers who have the skills, knowledge and compassion to assist the dog owner in keeping their animals safe, healthy and home for the life of the animal.

In the investigation into SBCAS, the Grand Jury also read documents and interviewed witnesses from Rancho Cucamonga Animal Field Services (RCAFS, RCAS) in order to compare Animal Services of a city of similar population.

19San Bernardino County Grand Jury Final Report
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BACKGROUND
According to the American Veterinary Medical Association, more than 4.5 million people are bitten by dogs each year in the United States. More than 800,000 of these bites require medical attention, and at least half of those are children. The United States Postal Service reports that the state with the most dog bites against carriers is California. ( www.usps.com) For the City of San Bernardino, the statistics reveal 238 dog bites on citizens from December 2021 to December of 2022. Some of these bites happen on the dog owner’s property, some occur while families with small children are out walking or when adults are outside exercising.

The 2023 Civil Grand Jury decided to investigate San Bernardino City Animal Services. In order to do that, the Grand Jury reviewed the statistics of Rancho Cucamonga Animal Field Services as well, because both cities are of similar size in population.

Evidence shows that the majority of Rancho Cucamonga’s and San Bernardino’s residents are responsible dog owners. The few that are not may face legal action being taken against them by the City and the County, as well as hefty fines.

METHODOLOGY
In this investigation into the San Bernardino Department of Animal Services, the Grand Jury read documents from both the SBCAS and RCAFS, including Animal Control Field Reports, 2022 statistics and euthanasia records. The Grand Jury conducted multiple interviews of administration, employees, Animal Control Officers, victims of dog bites and owners of stray, aggressive dogs. The GJ also read documents and conducted interviews of Rancho Cucamonga City Animal Care Services employees in order to compare what a city of similar size is doing to combat the number of stray, aggressive and biting dogs.

In fact, although Rancho Cucamonga has a larger population per square mile, (Rancho Cucamonga: 4,349.4, San Bernardino: 3,574.7 per US 2020 Census) and despite San Bernardino Animal Control Officers being better equipped with laptops, phones and SBACS dispatchers. San Bernardino still has twice as many dog attacks on their citizens as Rancho 20 San Bernardino County Grand Jury Final Report
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Cucamonga. This adds to the perception that the sheer number of stray dogs in the city of San Bernardino may be an important element in the number of dog attacks and should be addressed. (See the charts below) The Grand Jury attended a court hearing involving dogs impounded in the City of San Bernardino. The GJ completed a ride-along with Animal Control Officers in San Bernardino. Finally, the Civil Grand Jury visited the City of San Bernardino Animal Shelter to observe the condition of the shelter and the workings of Animal Services.

DISCUSSION
In the City of San Bernardino, dog bites can often be prevented, but that must include the understanding that responsible pet owners be routinely educated about:
• their choice of dog breeds
• the time owners are willing to put into training their animal • the proper response to a stray or strange animal
• the fact that Animal Control Officers are there to assist • rewards that come with owning an animal
Knowledge and skill in dealing with an aggressive or stray canine can help reduce the number of dog attacks. This was on full display as part of the Grand Jury investigation.

Evidence showed the City of San Bernardino ACOs are well trained. They are efficient at arriving at a scene and de-escalating a situation where there are loose dogs. The ACOs remain calm and in control.

They are trained to scan for micro-chips, to identify the owner, and place the animals in separate cages/trucks and transport them to the San Bernardino Animal Shelter. The officers display skill and knowledge rather than fear in their rescue of the dogs of unknown temperament.

Guidelines/Website Information
The City of San Bernardino Animal Services recommends the following to the public on their website: ( www.SBCity.Org/City-Hall-Animal) 21San Bernardino County Grand Jury Final Report
29503/11/2024 City Council Agenda

• Keep your dog in an adequately fenced enclosure that enables it to exercise according to its size
• Lock your gate to prevent unauthorized access
• Housetrain your dogs so they can be inside with their family • Control your dog with a handheld leash when away from home • Socialize with other people and pets as circumstances permit • Look for opportunities for formal training at your local pet store, veterinarian or city recreation department. This will offer a structured environment to train and socialize your animal with other pets and people
• Spay or neuter your dog. This will reduce your dog's desire to roam • If you don't know how your dog will react to a new situation, proceed carefully
• Never leave your dog unattended with a small child
Simple guidelines, as the ones noted above, can help prevent many dog bites. There are numerous consequences for dog owners when their pet bites someone. There are fines attached to some bite incidents that the owner is responsible to pay. Also, their pet can be confined in quarantine, or euthanized if no other alternative is available for the pet's safe return.

National Dog Bite Prevention Week, sponsored by the AVMA, is slated for the second full week in April each year. The focus is education on dog bite prevention and sharing tips on what to do if you find yourself in a situation with an aggressive dog.

22 San Bernardino County Grand Jury Final Report
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Comparison of the two cities
Bar Charts

Data Source: San Bernardino and Rancho Cucamonga Animal Services data. Charts created by the Grand Jury.

The Grand Jury found, using the US 2020 Census Bureau’s report, that the City of Rancho Cucamonga had a total population of 176,336. The population per square mile was 4,349.4. The total land mass in square miles is 40.11.
23San Bernardino County Grand Jury Final Report
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The same year’s report revealed the City of San Bernardino had a population of 220,328. The population per square mile was 3,574. The total land mass in square miles is 62.13.

In the Grand Jury’s comparison of RCAFS and SBCAS, the Grand Jury is aware that geographic size is a contributing factor for the increase of stray dogs and dog bites. However, when compared, the larger number of attacks on citizens of San Bernardino, which contained a smaller population per square mile, compelled an investigation.

Funding Needed for a New Shelter
The San Bernardino Animal Shelter is located at 333 Chandler Place, San Bernardino, CA 92408. It is comprised of three modular buildings that serve as Animal Services offices and a public lobby. There are five cinder block buildings of which four are kennels. They are segregated by male, female, quarantined and cats.

The San Bernardino Animal Shelter was built in 1960 and is in need of constant repair and additional kennels.

San Bernardino Animal Services reports that 10 to 12 dogs are received each day. In 2021, there were 2154 adult dogs and 324 puppies processed. In 2022, they processed 2887 adult dogs and 771 that are six months or younger.

Currently there are up to six animals in one kennel. The overcrowding hinders proper socialization because the animal is not meant to be in confinement and makes it more difficult to achieve a successful adoption.

Evidence revealed that keeping animals in overcrowded kennels may cause stress on the animals and people may observe behavioral issues which could hinder potential adoptions. (See Photos below)

24 San Bernardino County Grand Jury Final Report
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SAN BERNARDINO ANIMAL SERVICES DOG KENNEL

SAN BERNARDINO ANIMAL SERVICES DOG KENNEL
25San Bernardino County Grand Jury Final Report
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SAN BERNARDINO ANIMAL SERVICES ROW OF KENNELS

26 San Bernardino County Grand Jury Final Report
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SAN BERNARDINO ANIMAL SERVICES CEMENT SLAB FOR KENNEL

EXPANSION

INCREASED FUNDING NEEDED
In the City of San Bernardino in 2022, 1250 adult dogs were adopted by private parties. There were 374 puppies adopted. Eight hundred and fifteen adult dogs and 230 puppies were transferred to rescue services (non-profit organizations who sometimes adopt animals with behavioral issues and prepare them for adoption). Five hundred animals, adults and puppies, were returned to their owners.

Evidence showed increased funding is needed for:
• additional Animal Control Officers
• an additional supervisor
• an on-site veterinarian
• a veterinary technician
• public education to inform the public about reactions to stray or aggressive dogs, proper yard confinement and the partnership role that San Bernardino Animal Services offers to the public 27San Bernardino County Grand Jury Final Report
30103/11/2024 City Council Agenda

San Bernardino Animal Services has been allocated land for a new facility.

The cost for the land alone is estimated at $2 million. The building of the new facility itself would run an additional $70 million.

The preliminary design for the facility has been completed. What is needed now is additional funding.

POLICY AND PROCEDURES MANUAL
Currently, evidence shows the San Bernardino City Shelter has begun writing a Policy and Procedures Manual. However, the current unfinished Manual refers to specific staff names, instead of positions. The staff names need to be deleted, and staff positions be inserted instead. The reason to eliminate staff names is to provide consistency in case of staff leaving. The GJ found the Manual needs to be finished and updated, with specific staff names removed.

VETERINARIAN NEEDED ON SITE
Low-cost spaying or neutering averages around $200. There is a mandatory spay or neuter ordinance in San Bernardino City. Due to the lack of veterinarian accessibility, the animal may be sent home with an “I will neuter later” form. Animal Services takes a $100 deposit that is paid back to the owner once proof is shown of spaying or neutering. Immediate on-site spaying or neutering would dramatically reduce the number of loose dogs and dog bites.

Evidence revealed that spaying and neutering pets will significantly decrease the number of stray dogs because they are less likely to leave their yard to look for a mate if they are spayed or neutered. However, many pet owners in the city do not have the funds for altering their dog. San Bernardino Animal Services contracts with an outside veterinarian and animals must be transferred to that veterinarian. An in-shelter veterinarian will help reduce the backlog of dogs who need to be neutered or spayed before being adopted out. Additionally, this may reduce the cost of medical procedures for the shelter and for pet owners.

28 San Bernardino County Grand Jury Final Report
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PET OWNER PERCEPTION: EDUCATION PROGRAM NEEDED
Evidence showed that the public has a negative, adversarial image of animal services. Public outreach is needed to inform people that Animal Control Officers are available to find their lost dog, advise them about proper yard confinement, advise and assist in vaccinations, spaying and neutering. They are not there for the sole purpose of confiscating the dog.

If Animal Control Officers had their own “beat” (area, see Glossary), they could be more visible and answer more questions from dog owners.

COMMENDATIONS
The 2023 San Bernardino County Civil Grand Jury commends the San Bernardino Department of Animal Services for the positive changes that have been made in the last four years. For example, ACOs now have laptops in their trucks as standard equipment. This saves time by making the field entries immediately. Evidence shows new trucks have been added to the department this year, which is helping deal with the tremendous number of strays daily.

The City of San Bernardino Department of Animal Services is to be commended for doing their own dispatch services, thereby prioritizing the needs of the community when dealing with stray, aggressive and/or biting dogs.

The Animal Control Officers who work for the City of San Bernardino Department of Animal Services are to be commended for their dedication, caring and hard work to help animals.

29San Bernardino County Grand Jury Final Report
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SAN BERNARDINO ANIMAL SERVICES NEW TRUCK

30 San Bernardino County Grand Jury Final Report
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SAN BERNARDINO ANIMAL SERVICES TRUCK
The Grand Jury was very impressed with Animal Services and their staff, who displayed professionalism and a deep level of concern for the welfare of the animals. The Grand Jury commends the administration and staff for making every effort to identify a properly socialized dog for adoption and searching for reasons not to euthanize the animal.

CONCLUSION
The investigation into the San Bernardino City Department of Animal Services resulted in the Grand Jury coming to the following conclusions:
• Animal Services is doing the best it can in light of the huge job they are undertaking, and the Department is improving
• Animal Services needs additional finances to immediately hire additional ACOs
• Animal Services needs additional finances to immediately order equipped ACO trucks
• Animal Services needs a public education program to inform and assist dog owners about their responsibilities, how to deal with an aggressive dog and the partnership role that Animal Services offers • a fully staffed Animal Services could assign specific territories or beats to the Animal Control Officers. This would help the ACO in identifying “escape” prone dogs, learning about the owner and his home, and identifying aggressive animals. These beats are not withstanding in the event of emergency assistance needed in another area of town
• hire an on-site veterinarian
The Grand Jury concludes that the San Bernardino Animal Services Department continues to strive to ensure the Animal Control Officers do an effective job for the City of San Bernardino.
31San Bernardino County Grand Jury Final Report
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FINDINGS

RECOMMENDATIONS

IMPLEMENTATION
DATE

REQUIRED RESPONSE
F-1: The Animal
Services
Department is
underfunded and
understaffed.

R-1a: Increase funding for
Animal Services.

R-1b: The Grand Jury
recommends increased
funding is necessary to
allow Animal Services to
hire additional ACOs.

July 1, 2024 The San Bernardino City
Council
F-2: San
Bernardino
Animal Services
needs a
veterinarian on
site to take care
of pets’ medical
needs.

R-2a: Hire an on-site
veterinarian which would
save time and money.

R-2b: The Grand Jury
recommends a Partnership
with San Bernardino City
Unified School District to
create an Animal Services
Pathway program for high
school students to learn
about animal care,
becoming groomers,
veterinary technicians and
veterinarians.

R-2c: Create an outreach
program for prospective
veterinary hires.

September 1, 2024 The San Bernardino City
Council
F-3: San
Bernardino
Animal Services
does not
currently have a
checklist that all
ACOs may use to
inspect the yard
of an offending
owner of a stray
or biting dog.

This is needed
R-3: The Grand Jury
recommends that the
Animal Services
Department develop a
uniform written checklist
for ACOs to check and
ensure that the yard is
secure. A copy of the
checklist is to be given to
the owner.

April 1, 2024 The San Bernardino City
Council
32 San Bernardino County Grand Jury Final Report
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for consistency of
documenting the
encounter and
putting the owner
on notice to
remediate the
problem area.

F-4: The SBCAS
Policy and
Procedure
Manual is not
complete, nor
updated every
year, thus the
procedures for
ACOs are not
completely clear
and laid out in
written form.

R-4a: The Grand Jury
recommends that the
SBCAS complete writing
the Policy and Procedure
Manual and eliminate the
names of employees and
use the staff positions
instead. Review the
Manual annually and
present current changes in
laws to staff monthly.

R-4b: Hold monthly or
bimonthly staff meetings at
the Shelter with
management and ACOs to
bring everyone up to date
on the latest laws and/or
developments in the field
of Animal Care.

July 1, 2024 The San Bernardino City
Council
F-5: Currently,
ACOs do not
have assigned
areas (beats) of
responsibility
within the City of
San Bernardino.

If SBCAS
assigned different
beats to each
ACO, it would
save time and
fuel, provide a
quicker response,
and increase time
for educating the
pet owners and
public who reside
R-5a: The Grand Jury
recommends that SBCAS
divide the city into
separate beats of the city
and require ACOs to cover
just that portion of the city
each day.

R-5b: The Grand Jury
recommends the City of
San Bernardino provide
animal care training to the
public twice annually. Each
ACO is to provide training
for pet owners in his/her
beat via online or in-
person.

September 1, 2024

September 1, 2024

The San Bernardino City
Council
33San Bernardino County Grand Jury Final Report
30703/11/2024 City Council Agenda

in the ACO’s
area.

F-6: The public
perception of
Animal Control
Officers is that
they are a threat
to their pet.

R-6: The Grand Jury
recommends that the
SBAS reach out and
educate the public about
Animal Services via in-
person and other forms of
media.

September 1, 2024 The San Bernardino City
Council
F-7: One of the
biggest reasons
for the continued
spike in dog
attacks/bites in
the City of San
Bernardino is due
to the number of
non-
spayed/neutered
animals in the
city.

R-7: The Grand Jury
recommends the SBAS
reach out and educate the
public in the City of San
Bernardino about the
benefits of
spaying/neutering dogs.

Education to be delivered
in-person and other forms
of media.

September 1, 2024 The San Bernardino City
Council

REQUIRED RESPONSES
San Bernardino City Council

INVITED RESPONSES
Kristine Watson, Director of City of San Bernardino Animal Services 34 San Bernardino County Grand Jury Final Report
30803/11/2024 City Council Agenda

GLOSSARY
The following Glossary was created by the Grand Jury to provide context and information to terms used in this report.

1. American Veterinary Medical Association (AVMA): A not-for-profit association of veterinarians that provide continued education, publications and other resources about animals to the public.

2. Animal Control Officers: The staff of San Bernardino City Department of Animal Services who are responsible for responding to the public’s calls and dealing with dogs, and other animals, in the city limits.

3. Beat: An assigned area of responsibility for each Animal Control Officer.

4. Euthanasia: The medical process of ending the life of an animal.

5. Foster care for animals: The temporary care of an animal pending a successful permanent adoption.

6. RCAFS: Rancho Cucamonga Animal Field Services.

7. SBCDAS: San Bernardino City Department of Animal Services.

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36 San Bernardino County Grand Jury Final Report
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OMNITRANS: THE WHEELS ON THE BUS KEEP

GOING ROUND AND ROUND

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SUMMARY
Safety issues on public transportation have been in the news a great deal since the outbreak of COVID-19. In Los Angeles County, serious injuries and attacks on coach operators, (bus drivers, drivers) passengers and innocent by-standers have been reported multiple times in 2022-23. There have been reports of people dying nationally on public transportation.

Based on these headlines, the 2023 San Bernardino Civil Grand Jury (Civil Grand Jury, Grand Jury, GJ) decided to investigate whether these safety issues are evident on OmniTrans (OT) coaches within San Bernardino County.

The County of San Bernardino contracts with OmniTrans, and has made this partnership a Joint Power of Authority. (JPA: see Glossary). The 2023 San Bernardino County Civil Grand Jury began to investigate safety issues on the coaches of OmniTrans. Safety problems concerning the Grand Jury at OT were twofold: the safety of the coach operators and the passengers.

The investigation focused on the time frame of January 2022 to the present.

The Civil Grand Jury found that, although some safety problems have been addressed by OmniTrans, more can be done to ensure that coach operators and passengers are safe while riding on the buses.

BACKGROUND
OmniTrans was established in 1976 through a joint power’s agreement. (See the summary of the law below). The agreement is a contract between OmniTrans (a private company), and various cities within the County of San Bernardino. OmniTrans is the largest transit operator in San Bernardino County (SBC). Their main office is located at: 1700 West Fifth Street in the City of San Bernardino.

Although ridership has declined in recent years, OmniTrans still services over four million riders per year and currently has an operating budget of $90M+ a year.
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All OT buses are equipped with accessibility features like lifts or ramps to board wheelchairs and other mobility devices. The coach operator will assist these passengers with boarding the bus, if needed. They may be used by persons with disabilities who cannot use the steps to board the bus, including riders using the following devices:
• Wheelchairs
• Scooters
• Orthopedic strollers or similar mobility devices
• Walkers
• Canes
• Crutches
• Portable oxygen units1
OmniTrans also offers free fares for school students, making public transportation more affordable for, and accessible to, them.

Newly hired coach operators go through classroom training and then behind-the-wheel training. Once students have successfully completed their training, OmniTrans assists them with obtaining their Commercial Driver's License (CDL).

OmniTrans designed and installed custom-made plexiglass barriers in all its buses to protect against the air-borne virus during the Covid 19 Pandemic.

The barriers are magnetized to securely snap into position. The OmniTrans website states that “this added layer of protection has been deemed adequate for division between drivers and passengers”.2 However, these dividers were installed to protect coach operators from sick passengers.

These dividers were never meant for protection against aggressive or violent passengers. New, expanded dividers made from harder material are now needed so that the drivers can be physically protected while they are operating the coaches.3 (Note: Evidence revealed that new dividers were installed in 2022. However, it is unclear if all buses are equipped with these new safety dividers.)
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Other safety measures are also needed to protect coach operators and their precious cargo: the passengers. The purpose of this report is to suggest additional safety measures that may be implemented.

THE LAW
JPA Agreement
This joint power authority (JPA) is a contract between a local government and a transit company that outlines the terms of their partnership toward public transit.4
This includes details regarding what roles and responsibilities each party undertakes per the contract. For example, the transit company agrees to run certain pre-determined routes in exchange for a monetary sum from the participating government agencies. The purpose of the joint participation agreement is to ensure that both parties understand and acknowledge the obligations they assume under the terms of the contract. This protects their legal interests and promotes an amicable relationship between the two.

See the reference section of this report for the current agreement from 2016.

PC §925a and §933.1
“JPAs can be created in three different formats: as a joint power's authority (an entity), as a joint powers agency (also an entity), or as a joint power's agreement (a contract). Regardless of the format, JPAs all have one thing in common: they involve two or more local agencies coming together to share their independent powers towards accomplishing a mutual goal.

Civil Grand Juries have the authority to investigate all local JPAs, with the caveat that they do not have jurisdiction to investigate policy issues.

When investigating a joint powers authority or agency, a Grand Jury can focus on the JPA operations and make recommendations on how those could be improved. In this case the Grand Jury would require the governing boards of the JPA members to respond to the recommendations.”5 40 San Bernardino County Grand Jury Final Report
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When investigating a joint powers agreement, a Grand Jury may focus on whether and to what extent the parties to the agreement are performing in accordance with the agreement. The Grand Jury’s findings and recommendations would be directed to the board; in this case it would be the San Bernardino County Board of Supervisors.

OmniTrans Board of Directors
The Board of Directors for the County of San Bernardino and OmniTrans:

John Dutrey (Chair) City of Montclair
Frank Navarro City of Colton
Supervisor Curt Hagman County, Fourth District
Supervisor Joe Baca Jr. County, Fifth District
Supervisor Dawn Rowe County, Third District
Supervisor Jesse Armendarez County, Second District
Eunice Ulloa City of Chino
Cynthia Moran City of Chino Hills
Bill Hussey City of Grand Terrace
John B. Roberts, Jr. City of Fontana
Penny Lilburn City of Highland
Alan Wapner City of Ontario
Ron Dailey City of Loma Linda
Denise Davis City of Redlands
Rafael Trujillo City of Rialto
Kristine Scott City of Rancho Cucamonga
Helen Tran City of San Bernardino
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Bill Velto City of Upland
Bobby Duncan City of Yucaipa

METHODOLOGY
The 2023 San Bernardino County Civil Grand Jury read multiple documents about OmniTrans. These documents included organizational charts, manuals, handbooks, records, budgets, incident reports and passenger complaints. The Grand Jury interviewed several employees, including administrators, directors, supervisors, coach operators and field supervisors. The Grand Jury members visited the OmniTrans operational center and toured the grounds. The members also took part in a training class for coach operators. The Grand Jury members rode on a coach to observe a coach operator and some passengers in the City of San Bernardino.

DISCUSSION
The reason for the 2023 Grand Jury investigation into OmniTrans was to look at both coach operator and passenger safety. Safety on public transportation is not just an issue in San Bernardino County. To strengthen security and efficiency for both veteran and prospective riders of L.A.'s public trains and buses, Los Angeles Metro has hired at least 300 ‘transit ambassadors.’ These ambassadors are to assist passengers with any issues and report unwanted passenger behavior on the buses and subways, which allows the operator to do the job for which they were hired:
to drive the bus safely. This could be an option for OmniTrans since they are planning to extend bus services to Pomona, California, which is in Los Angeles County.

In the County of San Bernardino, the Victor Valley Sheriffs’ Department has contracted with, and will now have, a team comprised of one sergeant and four deputies, assigned to the Victor Valley Transit Authority. The one sergeant and four deputies will enhance the safety of passengers and drivers. Passengers will see deputies randomly riding different buses, as 42 San Bernardino County Grand Jury Final Report
31603/11/2024 City Council Agenda

well as monitoring activity at bus stops and the Victor Valley Transportation Center.6
Neighboring Riverside County Transit Agency, according to their website, still relies on their coach operators to directly inform their dispatchers of safety issues and requesting assistance. There are no sheriffs or transit ambassadors in neighboring Riverside County.7
The 2023 San Bernardino County Civil Grand Jury has many concerns for the safety of the public and the coach operators while riding/operating any OT bus in San Bernardino County.

According to OmniTrans, “Our values are the shared beliefs that represent what are most important to us as an organization.” The OmniTrans website goes on to state, “Our Strategic Plan maintains strategic continuity with the previous Strategic Plan and features several new strategic directions that will drive our work over the next five years. We will:
• SECURE our finances long-term and explore new funding sources • EXPAND our customer base
• ENHANCE our role in providing mobility and connectivity to the community
• ENGAGE in local and regional planning to promoting transit as a part of sustainable development
• STRENGTHEN our communication with all our stakeholders • BE bold, entrepreneurial and innovative”
Not one of the statements above from OmniTrans’ five-year strategic plan specifically mentions the safety of coach operators or their passengers.

Evidence revealed that a coach is a $2 million machine that carries the most precious cargo.8

Safety Record
OmniTrans does not have a particularly good record when it comes to the safety of their drivers or their ridership. Yet their plan is to increase the number of coach operators and their customer base over the next five years, placing more people at risk.
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Safety Incidents
The following graphs show safety incidents for 2022. The data was provided by OmniTrans as reported to the Grand Jury.

(Data source provided by OmniTrans; chart created by Grand Jury) well as monitoring activity at bus stops and the Victor Valley Transportation Center.6 Neighboring Riverside County Transit Agency, according to their website, still relies on their coach operators to directly inform their dispatchers of safety issues and requesting assistance. There are no sheriffs or transit ambassadors in neighboring Riverside County.7 The 2023 San Bernardino County Civil Grand Jury has many concerns for the safety of the public and the coach operators while riding/operating any OT bus in San Bernardino County. According to OmniTrans, “Our values are the shared beliefs that represent what are most important to us as an organization.” The OmniTrans website goes on to state, “Our Strategic Plan maintains strategic continuity with the previous Strategic Plan and features several new strategic directions that will drive our work over the next five years. We will: • SECURE our finances long-term and explore new funding sources • EXPAND our customer base • ENHANCE our role in providing mobility and connectivity to the community • ENGAGE in local and regional planning to promoting transit as a part of sustainable development • STRENGTHEN our communication with all our stakeholders • BE bold, entrepreneurial and innovative” Not one of the statements above from OmniTrans’ five-year strategic plan specifically mentions the safety of coach operators or their passengers. Evidence revealed that a coach is a $2 million machine that carries the most precious cargo.8 Safety Record
OmniTrans does not have a particularly good record when it comes to the safety of their drivers or their ridership. Yet their plan is to increase the number of coach operators and their customer base over the next five years, placing more people at risk.
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(Data source provided by OmniTrans; chart created by Grand Jury)

(Data source provided by OmniTrans; chart created by Grand Jury)

(Data source provided by OmniTrans; chart created by Grand Jury)

(Data source provided by OmniTrans; chart created by Grand Jury) 45San Bernardino County Grand Jury Final Report
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Safety Measures
Plexiglass Barriers
Plexiglass barriers had been installed on all OmniTrans buses for the Covid-19 pandemic to help slow the spread of germs. These plexiglass shields are still in place, even though Covid-19 numbers had been dwindling in San Bernardino County. The evidence has shown that the plexiglass is not enough to protect drivers from verbal threats, spitting, getting urine thrown on them, assaults, gun threats and fights between passengers.

(Photo of Coach Operator’s Cabin with Plexiglass partition)

OmniTrans has implemented several safety procedures:
• Multiple cameras have been placed on all coaches (inside and out) • Coach operators have been instructed to quote the fare but not to argue if a rider refuses to pay
• Coach operators are instructed not to leave their seats • Coach operators are instructed to pull over safely and open both sets of doors in case of conflicts/problems
• Coach operators are instructed not to use their cell phones • Coach operators are instructed to press the index button which bookmarks the point in the recording where an incident occurs, and to press either the dispatch or the panic button, depending upon the situation
However, the Grand Jury found that:
• Drivers need additional training in de-escalation and handling passengers with mental health issues
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Safety Measures Plexiglass Barriers Plexiglass barriers had been installed on all OmniTrans buses for the Covid-19 pandemic to help slow the spread of germs. These plexiglass shields are still in place, even though Covid-19 numbers had been dwindling in San Bernardino County. The evidence has shown that the plexiglass is not enough to protect drivers from verbal threats, spitting, getting urine thrown on them, assaults, gun threats and fights between passengers. (Photo of Coach Operator’s Cabin with Plexiglass partition) OmniTrans has implemented several safety procedures:
• Multiple cameras have been placed on all coaches (inside and out) • Coach operators have been instructed to quote the fare but not to argue if a rider refuses to pay
• Coach operators are instructed not to leave their seats • Coach operators are instructed to pull over safely and open both sets of doors in case of conflicts/problems
• Coach operators are instructed not to use their cell phones • Coach operators are instructed to press the index button which bookmarks the point in the recording where an incident occurs, and to press either the dispatch or the panic button, depending upon the situation
However, the Grand Jury found that:
• Drivers need additional training in de-escalation and handling passengers with mental health issues
• Plexiglass barriers need to be extended and/or replaced with dividers made of stronger material (Note: some buses are now being equipped with dividers made of stronger material)
• An additional mirror is needed so that drivers can see directly behind them since the operator cannot see passengers in handicapped seats • Install a camera on the rear of the coach looking out so that drivers can back-up safely

Budget
The chart below shows OmniTrans operating expenses.
(Data source provided by OmniTrans; graph created by Grand Jury) Approved Budget
(in Millions)

Variance

Variance
FY 2022-23 FY 2023-24 ($) (%)
Sources
Revenue (Opera�ng
Funds) $90.60 $103.00 $12.40 13.70%
Reserves (Capital
Funds) $158.70 $47.00 -$111.70 -70%
Less Capital Budget
Used for Opera�ng
-$4.60 -$14.30 -$9.70 209%
Total Source of
Funds $244.70 $135.70 -$109.00 -44.6%

Uses
Salaries & Benefits $50.40 $55.00 $4.70 9%
Services $6.90 $8.10 $1.20 17%
Supplies $6.80 $9.80 $3.00 44%
Occupancy $5.40 $6.30 $0.90 17%
Casualty & Liability $9.60 $10.00 $0.40 4%
Capital Expenditures $10.30 $12.20 $1.90 18%
Misc & Leases $0.30 $0.80 $0.50 147%
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• Plexiglass barriers need to be extended and/or replaced with dividers made of stronger material (Note: some buses are now being equipped with dividers made of stronger material) • An additional mirror is needed so that drivers can see directly behind them since the operator cannot see passengers in handicapped seats • Install a camera on the rear of the coach looking out so that drivers can back-up safely Budget
The chart below shows OmniTrans operating expenses.
(Data source provided by OmniTrans; graph created by Grand Jury) Approved Budget
(in Millions)

Variance

Variance
FY 2022-23 FY 2023-24 ($) (%)
Sources
Revenue (Opera�ng
Funds)
$90.60 $103.00 $12.40 13.70%
Reserves (Capital
Funds)
$158.70 $47.00 -$111.70 -70%
Less Capital Budget
Used for Opera�ng
-$4.60 -$14.30 -$9.70 209%
Total Source of
Funds $244.70 $135.70 -$109.00 -44.6%

Uses
Salaries & Benefits $50.40 $55.00 $4.70 9%
Services $6.90 $8.10 $1.20 17%
Supplies $6.80 $9.80 $3.00 44%
Occupancy $5.40 $6.30 $0.90 17%
Casualty & Liability $9.60 $10.00 $0.40 4%
Capital Expenditures $10.30 $12.20 $1.90 18%
Misc & Leases $0.30 $0.80 $0.50 147%
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• Plexiglass barriers need to be extended and/or replaced with dividers made of stronger material (Note: some buses are now being equipped with dividers made of stronger material) • An additional mirror is needed so that drivers can see directly behind them since the operator cannot see passengers in handicapped seats • Install a camera on the rear of the coach looking out so that drivers can back-up safely Budget The chart below shows OmniTrans operating expenses. (Data source provided by OmniTrans; graph created by Grand Jury) Approved Budget (in Millions) Variance Variance FY 2022-23 FY 2023-24 ($) (%) Sources Revenue (Opera�ng Funds) $90.60 $103.00 $12.40 13.70% Reserves (Capital Funds) $158.70 $47.00 -$111.70 -70% Less Capital Budget Used for Opera�ng -$4.60 -$14.30 -$9.70 209% Total Source of Funds $244.70 $135.70 -$109.00 -44.6%

Uses
Salaries & Benefits $50.40 $55.00 $4.70 9%
Services $6.90 $8.10 $1.20 17%
Supplies $6.80 $9.80 $3.00 44%
Occupancy $5.40 $6.30 $0.90 17%
Casualty & Liability $9.60 $10.00 $0.40 4%
Capital Expenditures $10.30 $12.20 $1.90 18%
Misc & Leases $0.30 $0.80 $0.50 147%
Other Expenses $0.80 $0.90 $0.10 6%
Total
Expenditures/
Designa�ons
$90.50 $103.10 $12.70 14%

Vehicle purchases/improvements will decrease by $14 million in 2023-24.

OT budgeted to pay $113 million to a third-party entity in 2022-23; the purpose for this payment is unclear. There is no expected payment to a third-party entity in the subsequent fiscal year. OT is expected to spend $6 million on radio/information technology in the subsequent fiscal year to increase communication between drivers, field supervisors and dispatchers. However, the Grand Jury found that much more money needs to be going toward security on the most high-risk bus routes and at all stations.

Salaries and benefits are expected to increase by 9% in the subsequent fiscal year. However, the GJ found evidence that in the past, salary increases have not been equitable. The current budget does not delineate exactly who will receive these salary increases. The Grand Jury found coach operators and field supervisors need increases in pay and/or additional incentives to both recruit and retain employees in these positions because of high turnover and retention problems. Higher salaries and increased benefits may help attract additional applicants and retain employees. It would reduce turnover because those hired may stay longer to reap those benefits.

Training
OmniTrans offers initial training for new applicant coach operators so they can test for, and obtain, their Commercial Driver’s License. The training lasts six weeks and is comprised of mostly lecture format in the classroom.

Some of this training is in PowerPoint or in the form of a video. Some of the six-week training period is out on the coaches with instructors.

The instructors may change from week to week. Evidence showed that because the instructor changes, the training from week to week may be inconsistent. The GJ also found that the amount of hands-on training is inconsistent from instructor to instructor. Training varies for each applicant because of this inconsistency. The Grand Jury found that having one trainer for the entire six-week training period would be beneficial to the trainees and would help with the consistency of the training.

Evidence revealed the simulator, virtual and interactive training is very important so the students can learn in a real-life situation. Without interactive scenarios presented to the trainees, the students may receive their CDL, but may still be unprepared for situations that come up when they are driving their routes. The simulator currently in the training 49San Bernardino County Grand Jury Final Report
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Other Expenses $0.80 $0.90 $0.10 6% Total Expenditures/ Designa�ons $90.50 $103.10 $12.70 14% Vehicle purchases/improvements will decrease by $14 million in 2023-24. OT budgeted to pay $113 million to a third-party entity in 2022-23; the purpose for this payment is unclear. There is no expected payment to a third-party entity in the subsequent fiscal year. OT is expected to spend $6 million on radio/information technology in the subsequent fiscal year to increase communication between drivers, field supervisors and dispatchers. However, the Grand Jury found that much more money needs to be going toward security on the most high-risk bus routes and at all stations.

Salaries and benefits are expected to increase by 9% in the subsequent fiscal year. However, the GJ found evidence that in the past, salary increases have not been equitable. The current budget does not delineate exactly who will receive these salary increases. The Grand Jury found coach operators and field supervisors need increases in pay and/or additional incentives to both recruit and retain employees in these positions because of high turnover and retention problems. Higher salaries and increased benefits may help attract additional applicants and retain employees. It would reduce turnover because those hired may stay longer to reap those benefits.

Training
OmniTrans offers initial training for new applicant coach operators so they can test for, and obtain, their Commercial Driver’s License. The training lasts six weeks and is comprised of mostly lecture format in the classroom.

Some of this training is in PowerPoint or in the form of a video. Some of the six-week training period is out on the coaches with instructors.

The instructors may change from week to week. Evidence showed that because the instructor changes, the training from week to week may be inconsistent. The GJ also found that the amount of hands-on training is inconsistent from instructor to instructor. Training varies for each applicant because of this inconsistency. The Grand Jury found that having one trainer for the entire six-week training period would be beneficial to the trainees and would help with the consistency of the training.

Evidence revealed the simulator, virtual and interactive training is very important so the students can learn in a real-life situation. Without interactive scenarios presented to the trainees, the students may receive their CDL, but may still be unprepared for situations that come up when they are driving their routes. The simulator currently in the training classroom is outdated and cannot be repaired. OmniTrans has no virtual learning program that can teach the students how to react in real-life situations. The Grand Jury recommends that OmniTrans purchase a virtual program and/or a new simulator for use in the training classrooms.

The Grand Jury found that the trainees benefitted from the time spent teaching the prospective drivers out on the buses in person. If one instructor and three or four students went out on routes in real coaches, the teacher could model safe driving, and then the trainees could each take turns driving the bus with the instructor guiding them. Evidence showed that the students would benefit greatly from this type of interactive training.

OmniTrans also reteaches current coach operators annually to refresh their training. These classes are taught on PowerPoint or videos with little student interaction. At the end of the class, coach operators play an interactive game in ‘Jeopardy!’ style format. The class participants were much more involved in the learning at that point. Interactive methods are encouraged as much as possible.

Train the Trainers Pilot Program
“Research indicates that the shelf life for skills may be five years or less.

We are in a cycle of near constant upskilling and reskilling of the workforce.

Train the Trainer programs equip trainers and instructional designers with the skills they need to provide the best learning experience to employees.

Train the Trainers facilitators need to have strong leadership skills, effective communication capabilities, exceptional listening skills, and emotional intelligence.”9
The Grand Jury has learned teaching adults who have personal experiences and opinions is a difficult task and not just anyone can jump into this role. The evidence revealed that the trainers need:
• to be qualified and proficient in teaching to all learning styles • more planning and team-building times
• time to work with one another so the delivery of the material to coach operators is consistent
• consistency in delivering the same material
• one instructor for the initial six-week period of training class • a “train the trainers” program, for consistency in instruction

De-escalation Training
Evidence revealed that coach operators (new trainees and experienced drivers) at OmniTrans would be better prepared and equipped if the training included ideas on how to de-escalate a situation that arises on the coaches and at stops. Drivers who know exactly how to de-escalate a confrontation, argument and other situations can then draw from their training ideas and put them into use while out on their routes. Probationary trainees, as well as seasoned drivers, need the best ideas for de-escalation so that small 50 San Bernardino County Grand Jury Final Report
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classroom is outdated and cannot be repaired. OmniTrans has no virtual learning program that can teach the students how to react in real-life situations. The Grand Jury recommends that OmniTrans purchase a virtual program and/or a new simulator for use in the training classrooms.

The Grand Jury found that the trainees benefitted from the time spent teaching the prospective drivers out on the buses in person. If one instructor and three or four students went out on routes in real coaches, the teacher could model safe driving, and then the trainees could each take turns driving the bus with the instructor guiding them. Evidence showed that the students would benefit greatly from this type of interactive training.

OmniTrans also reteaches current coach operators annually to refresh their training. These classes are taught on PowerPoint or videos with little student interaction. At the end of the class, coach operators play an interactive game in ‘Jeopardy!’ style format. The class participants were much more involved in the learning at that point. Interactive methods are encouraged as much as possible.

Train the Trainers Pilot Program
“Research indicates that the shelf life for skills may be five years or less.

We are in a cycle of near constant upskilling and reskilling of the workforce.

Train the Trainer programs equip trainers and instructional designers with the skills they need to provide the best learning experience to employees.

Train the Trainers facilitators need to have strong leadership skills, effective communication capabilities, exceptional listening skills, and emotional intelligence.”9
The Grand Jury has learned teaching adults who have personal experiences and opinions is a difficult task and not just anyone can jump into this role. The evidence revealed that the trainers need:
• to be qualified and proficient in teaching to all learning styles • more planning and team-building times
• time to work with one another so the delivery of the material to coach operators is consistent
• consistency in delivering the same material
• one instructor for the initial six-week period of training class • a “train the trainers” program, for consistency in instruction

De-escalation Training
Evidence revealed that coach operators (new trainees and experienced drivers) at OmniTrans would be better prepared and equipped if the training included ideas on how to de-escalate a situation that arises on the coaches and at stops. Drivers who know exactly how to de-escalate a confrontation, argument and other situations can then draw from their training ideas and put them into use while out on their routes. Probationary trainees, as well as seasoned drivers, need the best ideas for de-escalation so that small 51San Bernardino County Grand Jury Final Report
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problems do not become huge problems while they are trying to operate their coaches. The Grand Jury recommends that OmniTrans hire de- escalation experts to teach the best and most current methods for de- escalation so that drivers can feel confident with the tools they learn.

Qualified vendors can be sought and hired to be guest speakers/trainers during classes.

A qualified third-party trainer to instruct the coach operators in dealing with passengers who have mental illness issues would also benefit the drivers and give them more training in how to deal with some of the passengers they encounter on a regular basis. The operators could draw from their training to use ideas to deal with these passengers in a safe and non- confrontational way.

Use of Simulators
“Transit bus driver training simulators have been successfully used to increase proficiency throughout the transportation industry.

Simulators/virtual methods used in training programs simplify periodic retraining, improve customer service, and help transit operators to learn to better manage the stresses associated with passenger issues on fixed routes. This would also ease the transition to Electric Vehicle (EV) buses.

With simulation-based bus operator training transit agency will get entry- level drivers their commercial driver’s license more quickly and retain them longer.”10 “Driving simulators allows learners to experience the consequences of their actions in an almost unlimited range of driving situations without risk of material damage and/or injury.”11 According to an expert company who manufactures simulators:
“Most importantly, when using a bus driving simulator, you can reap all these benefits at any hour, in any weather, with absolutely no risk to equipment, workers, passengers, or the community.”12

classroom is outdated and cannot be repaired. OmniTrans has no virtual learning program that can teach the students how to react in real-life situations. The Grand Jury recommends that OmniTrans purchase a virtual program and/or a new simulator for use in the training classrooms. The Grand Jury found that the trainees benefitted from the time spent teaching the prospective drivers out on the buses in person. If one instructor and three or four students went out on routes in real coaches, the teacher could model safe driving, and then the trainees could each take turns driving the bus with the instructor guiding them. Evidence showed that the students would benefit greatly from this type of interactive training. OmniTrans also reteaches current coach operators annually to refresh their training. These classes are taught on PowerPoint or videos with little student interaction. At the end of the class, coach operators play an interactive game in ‘Jeopardy!’ style format. The class participants were much more involved in the learning at that point. Interactive methods are encouraged as much as possible. Train the Trainers Pilot Program “Research indicates that the shelf life for skills may be five years or less. We are in a cycle of near constant upskilling and reskilling of the workforce. Train the Trainer programs equip trainers and instructional designers with the skills they need to provide the best learning experience to employees. Train the Trainers facilitators need to have strong leadership skills, effective communication capabilities, exceptional listening skills, and emotional intelligence.”9 The Grand Jury has learned teaching adults who have personal experiences and opinions is a difficult task and not just anyone can jump into this role. The evidence revealed that the trainers need: • to be qualified and proficient in teaching to all learning styles • more planning and team-building times • time to work with one another so the delivery of the material to coach operators is consistent • consistency in delivering the same material • one instructor for the initial six-week period of training class • a “train the trainers” program, for consistency in instruction De-escalation Training
Evidence revealed that coach operators (new trainees and experienced drivers) at OmniTrans would be better prepared and equipped if the training included ideas on how to de-escalate a situation that arises on the coaches and at stops. Drivers who know exactly how to de-escalate a confrontation, argument and other situations can then draw from their training ideas and put them into use while out on their routes. Probationary trainees, as well as seasoned drivers, need the best ideas for de-escalation so that small 52 San Bernardino County Grand Jury Final Report
32603/11/2024 City Council Agenda

problems do not become huge problems while they are trying to operate their coaches. The Grand Jury recommends that OmniTrans hire de-escalation experts to teach the best and most current methods for de-escalation so that drivers can feel confident with the tools they learn. Qualified vendors can be sought and hired to be guest speakers/trainers during classes. A qualified third-party trainer to instruct the coach operators in dealing with passengers who have mental illness issues would also benefit the drivers and give them more training in how to deal with some of the passengers they encounter on a regular basis. The operators could draw from their training to use ideas to deal with these passengers in a safe and non-confrontational way. Use of Simulators “Transit bus driver training simulators have been successfully used to increase proficiency throughout the transportation industry. Simulators/virtual methods used in training programs simplify periodic retraining, improve customer service, and help transit operators to learn to better manage the stresses associated with passenger issues on fixed routes. This would also ease the transition to Electric Vehicle (EV) buses. With simulation-based bus operator training transit agency will get entry-level drivers their commercial driver’s license more quickly and retain them longer.”10 “Driving simulators allows learners to experience the consequences of their actions in an almost unlimited range of driving situations without risk of material damage and/or injury.”11 According to an expert company who manufactures simulators:
“Most importantly, when using a bus driving simulator, you can reap all these benefits at any hour, in any weather, with absolutely no risk to equipment, workers, passengers, or the community.”12

(Photo of Non-operable Simulator at OmniTrans)
“At most agencies, simulators are used to train new drivers and specifically to teach defensive driving techniques, to “show them what they don’t know.” These training sessions equated to relatively short durations in the simulators of around 10-20 minutes per driver. Simulators are viewed as worthwhile for demonstrating techniques like “rock and roll,” in which the trainee checks blind spots. Simulators offer the opportunity for drivers to see what they would miss by not implementing the technique. Several agency representatives mentioned the case of pedestrians in a blind spot as a particular situation which is effectively conveyed to drivers using a simulator.”13
“Bus driving simulators are widely used throughout the transit industry to support driver training. Drivers generally find them credible and useful in learning important driver safety techniques and principles. However, space must be provided to store and operate systems and funding sources must be identified to provide the necessary resources to maintain the operation of a driving simulator.”14
“Transit bus driver training simulators have been successfully used to increase throughput in training programs, simplify periodic retraining, improve customer service, help transit operators to learn to better manage the stresses associated with passenger issues on fixed routes, and ease the transition to EV buses. With simulation-based bus operator training your transit agency will get entry-level drivers their commercial driver’s license (CDL) quickly and retain them longer.”15

Coach Operator Safety
During the Grand Jury investigation into OmniTrans safety practices, the GJ discovered that installing plexiglass barriers between the operator and passengers worked well during Covid-19 because they were installed to prevent the spread of disease rather than for security risks. However, 53San Bernardino County Grand Jury Final Report
32703/11/2024 City Council Agenda

(Photo of Non-operable Simulator at OmniTrans) “At most agencies, simulators are used to train new drivers and specifically to teach defensive driving techniques, to “show them what they don’t know.” These training sessions equated to relatively short durations in the simulators of around 10-20 minutes per driver. Simulators are viewed as worthwhile for demonstrating techniques like “rock and roll,” in which the trainee checks blind spots. Simulators offer the opportunity for drivers to see what they would miss by not implementing the technique. Several agency representatives mentioned the case of pedestrians in a blind spot as a particular situation which is effectively conveyed to drivers using a simulator.”13 “Bus driving simulators are widely used throughout the transit industry to support driver training. Drivers generally find them credible and useful in learning important driver safety techniques and principles. However, space must be provided to store and operate systems and funding sources must be identified to provide the necessary resources to maintain the operation of a driving simulator.”14
“Transit bus driver training simulators have been successfully used to increase throughput in training programs, simplify periodic retraining, improve customer service, help transit operators to learn to better manage the stresses associated with passenger issues on fixed routes, and ease the transition to EV buses. With simulation-based bus operator training your transit agency will get entry-level drivers their commercial driver’s license (CDL) quickly and retain them longer.”15

Coach Operator Safety
During the Grand Jury investigation into OmniTrans safety practices, the GJ discovered that installing plexiglass barriers between the operator and passengers worked well during Covid-19 because they were installed to prevent the spread of disease rather than for security risks. However, today’s safety issues aboard public transportation have advanced well beyond the spread of germs. Drivers need an unobstructed view all around the bus from their coach operator area (both inside and outside of the bus) with adjustable barriers around the driver’s area, to avoid physical confrontations with passengers. The plexiglass operator barriers, which OmniTrans installed at the beginning of Covid-19, were an improvement, but passengers can still reach around it to physically contact the driver.

Extended barriers made of harder material are needed for the safety of the coach operators.

The Grand Jury learned it would be beneficial to have a class on how to deal with people and how to use de-escalation techniques. Instructors can use more interactive training about how to handle aggressive and upset passengers. Some people get angry, so a third-party professional should come in and explain to the drivers how to deal with such situations and behavioral issues. There are some people with mental disabilities that coach operators must deal with on a routine basis. OmniTrans instructors can train with these expert professionals in using more interactive scenarios (without drivers leaving their seats or physically confronting anyone) and dealing with people with mental illness, since societal issues have changed over the years.

Passenger Safety
The transit center in the City of San Bernardino is the only transit center owned by OmniTrans and provides their own security. OmniTrans contracts with Allied United Security for security at other transit centers. OmniTrans contracts with Allied United Security for three years with two-year renewal options.

OmniTrans does not control the security at any other stations. The Grand Jury learned OmniTrans does not own the transit center in Fontana. It is a very busy transit center, and the City of Fontana maintains that property and provides security. Therefore, there is no consistency in security at the various transit centers.

The Grand Jury discovered most safety incidents happen between passengers. Sometimes these incidents begin at the station and then continue onto the bus. All buses are equipped with multiple video cameras that also records sound. The coach operators do not have access to the videos. Usually, the PA (public announcement) system is used by coach operators to try to de-escalate arguments. OmniTrans currently has a $90M+ budget, and they are required to spend two percent of that on security annually.

The Grand Jury found that several bus stops have been turned into homeless encampments, so passengers tend to stand away from the actual bus stop while waiting for a bus. Therefore, the driver may pass up a stop.

There was evidence that solar lighting could be installed at all bus stops as a deterrent and to discourage homeless people from loitering, sleeping and 54 San Bernardino County Grand Jury Final Report
32803/11/2024 City Council Agenda

today’s safety issues aboard public transportation have advanced well beyond the spread of germs. Drivers need an unobstructed view all around the bus from their coach operator area (both inside and outside of the bus) with adjustable barriers around the driver’s area, to avoid physical confrontations with passengers. The plexiglass operator barriers, which OmniTrans installed at the beginning of Covid-19, were an improvement, but passengers can still reach around it to physically contact the driver. Extended barriers made of harder material are needed for the safety of the coach operators.

The Grand Jury learned it would be beneficial to have a class on how to deal with people and how to use de-escalation techniques. Instructors can use more interactive training about how to handle aggressive and upset passengers. Some people get angry, so a third-party professional should come in and explain to the drivers how to deal with such situations and behavioral issues. There are some people with mental disabilities that coach operators must deal with on a routine basis. OmniTrans instructors can train with these expert professionals in using more interactive scenarios (without drivers leaving their seats or physically confronting anyone) and dealing with people with mental illness, since societal issues have changed over the years.

Passenger Safety
The transit center in the City of San Bernardino is the only transit center owned by OmniTrans and provides their own security. OmniTrans contracts with Allied United Security for security at other transit centers. OmniTrans contracts with Allied United Security for three years with two-year renewal options.

OmniTrans does not control the security at any other stations. The Grand Jury learned OmniTrans does not own the transit center in Fontana. It is a very busy transit center, and the City of Fontana maintains that property and provides security. Therefore, there is no consistency in security at the various transit centers.

The Grand Jury discovered most safety incidents happen between passengers. Sometimes these incidents begin at the station and then continue onto the bus. All buses are equipped with multiple video cameras that also records sound. The coach operators do not have access to the videos. Usually, the PA (public announcement) system is used by coach operators to try to de-escalate arguments. OmniTrans currently has a $90M+ budget, and they are required to spend two percent of that on security annually.

The Grand Jury found that several bus stops have been turned into homeless encampments, so passengers tend to stand away from the actual bus stop while waiting for a bus. Therefore, the driver may pass up a stop.

There was evidence that solar lighting could be installed at all bus stops as a deterrent and to discourage homeless people from loitering, sleeping and 55San Bernardino County Grand Jury Final Report
32903/11/2024 City Council Agenda

56 San Bernardino County Grand Jury Final Report
camping at the bus stops. Solar lighting is more practical than electric lighting as you do not have to install electricity at the bus stop.

WeTip®
WeTip was founded in 1972 to aid law enforcement and provide anonymous reporting resources and empowerment to citizens. Through We Tip’s success, crime incidents have dramatically reduced in both communities and schools nationwide. Since its inception, WeTip has led to over 1.2 million crimes reported, 16,000 arrests, and 8,000 convictions.

OmniTrans, San Bernardino Sheriff’s Department and San Bernardino International Airport have utilized this program for years.

WeTip is advertised at the OmniTrans office in San Bernardino for drivers to use, if needed. At one time, there were WeTip notices on the backs of passenger's seats as well as at the front of each coach, for passengers to access. The Grand Jury learned that many passengers have torn these off.

Perhaps displaying only the QR code could help. WeTip provides a dedicated telephone number with dedicated hotlines and QR Codes.

Reports are always anonymous. They also offer confidential text message reporting. Passengers often use WeTip to report complaints16.

The Grand Jury found that passengers need easy access to the WeTip information at many locations on the bus and not just at the front of the bus.

Field Supervisors
With so many issues that coach operators must face, the Grand Jury also investigated the role of field supervisors and how they assist coach operators with safety issues.

Bus drivers are to radio dispatch if there is a problem, and the drivers are also responsible for writing up incident reports, but they are not allowed to call 911. Field supervisors will receive a call from dispatch if there is a bus today’s safety issues aboard public transportation have advanced well beyond the spread of germs. Drivers need an unobstructed view all around the bus from their coach operator area (both inside and outside of the bus) with adjustable barriers around the driver’s area, to avoid physical confrontations with passengers. The plexiglass operator barriers, which OmniTrans installed at the beginning of Covid-19, were an improvement, but passengers can still reach around it to physically contact the driver. Extended barriers made of harder material are needed for the safety of the coach operators. The Grand Jury learned it would be beneficial to have a class on how to deal with people and how to use de-escalation techniques. Instructors can use more interactive training about how to handle aggressive and upset passengers. Some people get angry, so a third-party professional should come in and explain to the drivers how to deal with such situations and behavioral issues. There are some people with mental disabilities that coach operators must deal with on a routine basis. OmniTrans instructors can train with these expert professionals in using more interactive scenarios (without drivers leaving their seats or physically confronting anyone) and dealing with people with mental illness, since societal issues have changed over the years. Passenger Safety The transit center in the City of San Bernardino is the only transit center owned by OmniTrans and provides their own security. OmniTrans contracts with Allied United Security for security at other transit centers. OmniTrans contracts with Allied United Security for three years with two-year renewal options. OmniTrans does not control the security at any other stations. The Grand Jury learned OmniTrans does not own the transit center in Fontana. It is a very busy transit center, and the City of Fontana maintains that property and provides security. Therefore, there is no consistency in security at the various transit centers. The Grand Jury discovered most safety incidents happen between passengers. Sometimes these incidents begin at the station and then continue onto the bus. All buses are equipped with multiple video cameras that also records sound. The coach operators do not have access to the videos. Usually, the PA (public announcement) system is used by coach operators to try to de-escalate arguments. OmniTrans currently has a $90M+ budget, and they are required to spend two percent of that on security annually.

The Grand Jury found that several bus stops have been turned into homeless encampments, so passengers tend to stand away from the actual bus stop while waiting for a bus. Therefore, the driver may pass up a stop.

There was evidence that solar lighting could be installed at all bus stops as a deterrent and to discourage homeless people from loitering, sleeping and 33003/11/2024 City Council Agenda

incident in their area (East or West Valley). These supervisors will assess the situation and then determine if his or her presence is required for that incident, depending on the severity of the situation. Field supervisors will determine whether to call the local law enforcement immediately or not at all. They will later go over the videos from the coach and write a report which is then disseminated to various departments at OmniTrans.

Evidence revealed that there are an insufficient number of field supervisors to cover the area and number of routes serviced by OmniTrans, since there is only one field supervisor per shift, per area. It also impacts efficiency and shortens the field supervisors’ response times. Additional supervisors must be hired to ensure the safety of OT coach operators and passengers as well as the vehicles.

Hiring and Retention of Staff
Evidence shows that a high turnover of staff is a problem for OmniTrans.

The Grand Jury found that multiple administrative positions have been unfilled for long periods of time. OmniTrans requires that existing staff perform those jobs, so many employees are wearing multiple hats.

Employees are stretched so thin that it is difficult to perform the duties of multiple positions. Consequently, time management becomes a concern.

Additionally, OmniTrans is having difficulty hiring and retaining coach operators. OmniTrans has implemented some incentive programs to retain and reward its staff. However, the Grand Jury finds that additional programs and incentives would be beneficial. Some coach drivers apply at OmniTrans, go through coach driver training and receive their CDL only to leave soon afterwards for higher paying jobs or jobs with better incentives.

The Grand Jury discovered some drivers are pressured to work additional days beyond their tour-of-duty. If they fail to come in and work, there are negative consequences, such as earning demerits. Reaching 100 demerits on a driver’s record can result in automatic termination. Coach operators may end up working seven days a week for an extended period. The Grand Jury has found this affects their performance and morale. It is evident that burnout would affect the safety of the driver, passengers, pedestrians and the bus.

The Future of OmniTrans Safety

Victor Valley Transit Authority
The Grand Jury has learned that the Victor Valley Transit Authority (VVTA) has partnered with the San Bernardino County Sherriff’s Department (SBCSD) to enhance the safety of its passengers and coach operators.

This partnership, which consists of one sergeant and four deputies, was created mid-year to help improve the sense of security and well-being 57San Bernardino County Grand Jury Final Report
camping at the bus stops. Solar lighting is more practical than electric lighting as you do not have to install electricity at the bus stop. WeTip® WeTip was founded in 1972 to aid law enforcement and provide anonymous reporting resources and empowerment to citizens. Through We Tip’s success, crime incidents have dramatically reduced in both communities and schools nationwide. Since its inception, WeTip has led to over 1.2 million crimes reported, 16,000 arrests, and 8,000 convictions. OmniTrans, San Bernardino Sheriff’s Department and San Bernardino International Airport have utilized this program for years. WeTip is advertised at the OmniTrans office in San Bernardino for drivers to use, if needed. At one time, there were WeTip notices on the backs of passenger's seats as well as at the front of each coach, for passengers to access. The Grand Jury learned that many passengers have torn these off. Perhaps displaying only the QR code could help. WeTip provides a dedicated telephone number with dedicated hotlines and QR Codes. Reports are always anonymous. They also offer confidential text message reporting. Passengers often use WeTip to report complaints16. The Grand Jury found that passengers need easy access to the WeTip information at many locations on the bus and not just at the front of the bus.

Field Supervisors
With so many issues that coach operators must face, the Grand Jury also investigated the role of field supervisors and how they assist coach operators with safety issues.

Bus drivers are to radio dispatch if there is a problem, and the drivers are also responsible for writing up incident reports, but they are not allowed to call 911. Field supervisors will receive a call from dispatch if there is a bus 33103/11/2024 City Council Agenda

incident in their area (East or West Valley). These supervisors will assess the situation and then determine if his or her presence is required for that incident, depending on the severity of the situation. Field supervisors will determine whether to call the local law enforcement immediately or not at all. They will later go over the videos from the coach and write a report which is then disseminated to various departments at OmniTrans. Evidence revealed that there are an insufficient number of field supervisors to cover the area and number of routes serviced by OmniTrans, since there is only one field supervisor per shift, per area. It also impacts efficiency and shortens the field supervisors’ response times. Additional supervisors must be hired to ensure the safety of OT coach operators and passengers as well as the vehicles.

Hiring and Retention of Staff
Evidence shows that a high turnover of staff is a problem for OmniTrans.

The Grand Jury found that multiple administrative positions have been unfilled for long periods of time. OmniTrans requires that existing staff perform those jobs, so many employees are wearing multiple hats.

Employees are stretched so thin that it is difficult to perform the duties of multiple positions. Consequently, time management becomes a concern.

Additionally, OmniTrans is having difficulty hiring and retaining coach operators. OmniTrans has implemented some incentive programs to retain and reward its staff. However, the Grand Jury finds that additional programs and incentives would be beneficial. Some coach drivers apply at OmniTrans, go through coach driver training and receive their CDL only to leave soon afterwards for higher paying jobs or jobs with better incentives.

The Grand Jury discovered some drivers are pressured to work additional days beyond their tour-of-duty. If they fail to come in and work, there are negative consequences, such as earning demerits. Reaching 100 demerits on a driver’s record can result in automatic termination. Coach operators may end up working seven days a week for an extended period. The Grand Jury has found this affects their performance and morale. It is evident that burnout would affect the safety of the driver, passengers, pedestrians and the bus.

The Future of OmniTrans Safety

Victor Valley Transit Authority
The Grand Jury has learned that the Victor Valley Transit Authority (VVTA) has partnered with the San Bernardino County Sherriff’s Department (SBCSD) to enhance the safety of its passengers and coach operators.

This partnership, which consists of one sergeant and four deputies, was created mid-year to help improve the sense of security and well-being 58 San Bernardino County Grand Jury Final Report
33203/11/2024 City Council Agenda

among the commuters. The Grand Jury has tried several times to contact VVTA and verify their data, findings, and progress on this program. That effort was unsuccessful. However, the Grand Jury recommends that the San Bernardino County Board of Supervisors and OmniTrans look at this partnership as a litmus test to evaluate its implementation. Victor Valley Transit Authority could be a model for a pilot program for OmniTrans to cover its riskier routes.17

COMMENDATIONS
• OmniTrans invested in acquiring zero emission buses (ZEBs); for example, hydrogen fueled coaches
• OT currently has 4 electric buses
• OmniTrans has an agreement to add 18 additional electric buses • the Grand Jury was pleased to discover multiple compliments from passengers about helpful and friendly drivers
• OmniTrans is making efforts with driver and passenger safety • free Fares for School Program is a great idea
• OT’s willingness to work with the Grand Jury, providing requested documents and making it possible for employees to come in for interviews
• OmniTrans listens to and welcomes coach operator safety suggestions
• police officers and firefighters ride for free on all OmniTrans buses if they are wearing their uniform

CONCLUSION
OmniTrans does show concern for safety issues aboard their buses, but the Grand Jury sees the need for more improvement. OmniTrans bus stops still need to be cleared of sleeping people and the amount of trash left behind according to evidence received. Installing solar lights at stops may deter people who are homeless from camping there.

OmniTrans is understaffed and struggles with employee retention. For example, some driver applicants are hired, trained, receive a commercial driver’s license at OmniTrans’ expense but then immediately leave for higher-paying jobs elsewhere. OmniTrans would benefit from setting up a better incentive plan whereby attendance and retention bonuses are paid at certain short milestones when employees continue their employment with OmniTrans.

The Grand Jury believes that OmniTrans will address these concerns and continue “moving” in the right direction, so that the wheels on the bus will keep going round and round—safely.
59San Bernardino County Grand Jury Final Report
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among the commuters. The Grand Jury has tried several times to contact VVTA and verify their data, findings, and progress on this program. That effort was unsuccessful. However, the Grand Jury recommends that the San Bernardino County Board of Supervisors and OmniTrans look at this partnership as a litmus test to evaluate its implementation. Victor Valley Transit Authority could be a model for a pilot program for OmniTrans to cover its riskier routes.17 COMMENDATIONS • OmniTrans invested in acquiring zero emission buses (ZEBs); for example, hydrogen fueled coaches • OT currently has 4 electric buses • OmniTrans has an agreement to add 18 additional electric buses • the Grand Jury was pleased to discover multiple compliments from passengers about helpful and friendly drivers • OmniTrans is making efforts with driver and passenger safety • free Fares for School Program is a great idea • OT’s willingness to work with the Grand Jury, providing requested documents and making it possible for employees to come in for interviews • OmniTrans listens to and welcomes coach operator safety suggestions • police officers and firefighters ride for free on all OmniTrans buses if they are wearing their uniform

CONCLUSION
OmniTrans does show concern for safety issues aboard their buses, but the Grand Jury sees the need for more improvement. OmniTrans bus stops still need to be cleared of sleeping people and the amount of trash left behind according to evidence received. Installing solar lights at stops may deter people who are homeless from camping there.

OmniTrans is understaffed and struggles with employee retention. For example, some driver applicants are hired, trained, receive a commercial driver’s license at OmniTrans’ expense but then immediately leave for higher-paying jobs elsewhere. OmniTrans would benefit from setting up a better incentive plan whereby attendance and retention bonuses are paid at certain short milestones when employees continue their employment with OmniTrans.

The Grand Jury believes that OmniTrans will address these concerns and continue “moving” in the right direction, so that the wheels on the bus will keep going round and round—safely.
60 San Bernardino County Grand Jury Final Report
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(Banner hangs in the OmniTrans Headquarters)

FINDINGS & RECOMMENDATIONS – 90-Day Response Requested:

REQUIRED RESPONSES

1. San Bernardino County Board of Supervisors

2. OmniTrans Board of Directors

INVITED RESPONSES

1. Erin Rogers - CEO and General Manager of OmniTrans

61San Bernardino County Grand Jury Final Report
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FINDINGS RECOMMENDATIONS

IMPLEMENTATION
DATE

REQUIRED RESPONSE
F-1:

There is a lack of armed
security guards/law
enforcement officers
riding the coaches,
especially on the most
troublesome bus routes.

R-1:

OmniTrans is
recommended to begin
having armed security
guards/law enforcement
officers on the most
troublesome routes as a
‘pilot program’ by the
suggested implementation
date.

September 2024

1. OmniTrans Board of
Directors

2. SB County Board of
Supervisors

F-2:

There are an insufficient
number of field
supervisors to support
the coach operators in
the event of safety
incidents.

R-2a:

OmniTrans to hire
additional field
supervisors.

R-2b:

Use higher pay and
incentives to attract/retain
field supervisors.

September 2024

1. OmniTrans Board of
Directors

2. SB County Board of
Supervisors
F-3:

Homeless people are
encamping/loitering at
bus stops, precluding
passengers from
physically waiting at the
bus stops.

R-3:

Solar lighting is to be
installed at all bus stops to
deter loitering at these bus
stops.

September 2024

1. OmniTrans Board of
Directors

2. SB County Board of
Supervisors
F-4:

OmniTrans offers some
incentives to address the
coach operator hiring
shortage, and retention
problem, but more
incentives are needed.

R-4:

Implement additional
incentives for new hires
and existing coach
operators. For example,
mini bonuses for every
month driving after being
hired by OmniTrans.

July
2024

1. OmniTrans Board of
Directors

2. SB County Board of
Supervisors

F-5:

Utilizing interactive
education, real-life
situations, hands-on
training and simulators
and/or virtual learning
will improve the safety
training for the coach
operators.

R-5:

Utilize interactive
education, real-life
situations (which the
coach operators are likely
to face), hands-on training
and simulators and/or
virtual learning so that the
training will look more like
what the operators face
every day.

September
2024

1.OmniTrans Board of
Directors

2. SB County Board of
Supervisors

62 San Bernardino County Grand Jury Final Report
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FINDINGS RECOMMENDATIONS IMPLEMENT

DATE REQUIRED RESPONSE
F-6:

There is inconsistency
and lack of effectiveness
in the training process
due to no ‘train the
trainers’ program in place
to ensure quality and
consistency.

R-6:

Set up a program for ‘train
the trainers’ that will ensure
effectiveness and
consistency throughout the
training.

September
2024

1.OmniTrans Board of
Directors

2. SB County Board of
Supervisors

F-7:

The OmniTrans training
manual does not always
match what is taught in
actual classroom
training.

R7:

Ensure that the manual
completely matches the
training.

July
2024

1.OmniTrans Board of
Directors

2. SB County Board of
Supervisors

F-8.

Expert third-party training
in de-escalation
techniques is needed.

R-8:

Implement de-escalation
training from outside
experts.

September
2024

1.OmniTrans Board of
Directors

2. SB County Board of
Supervisors

F-9:

The bus simulator used
for coach operator training
is outdated and
unrepairable and has not
been used by any new
hires in the last few
years.

R-9:

Purchase a new bus
simulator for use in training
coach operator students.

September
2024

1. OmniTrans Board of
Directors

2. SB County Board of
Supervisors

63San Bernardino County Grand Jury Final Report
33703/11/2024 City Council Agenda

GLOSSARY
The following Glossary was created by the Grand Jury to add context and information to the report above.

1. Commercial Driver's License (CDL): a driver's license required in the United States to operate large and heavy vehicles (including trucks, buses and trailers) or a vehicle of any size that transports hazardous materials or more than 15 passengers (including the driver).

2. Coach Operator: Person who drives large passenger vehicles, known as coaches, for tours, charters and other scheduled services.

Coach operators transport passengers.

3. Joint Powers Authority (JPA): The OmniTrans Joint Powers Authority is a California public agency formed pursuant to the Joint Exercise of Powers Act, Chapter 5 (commencing with Section 6500 of Division 7 of Title 1 of the Government Code) through those certain joint powers’ agreement titled “Amended and Restated Joint Powers Agreement between the County of San Bernardino and the Cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland and Yucaipa, creating a county wide
transportation authority to be known as ‘OmniTrans’, dated July 1, 2016 (referred to as the “Joint Powers Authority”).

4. OmniTrans: the largest public transportation agency in San Bernardino County. Established in 1976. It covers approximately 480 square miles.

5. Route: a way or course taken in getting from a starting point to a destination.

64 San Bernardino County Grand Jury Final Report
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REFERENCES

A. California Penal Code §933
This law requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court).

Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g., District Attorney, Sheriff, etc.), such elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official’s control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors. Furthermore, California Penal Code Section 933.05 specifies the manner in which such comment(s) are to be made as follows: (a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a time frame for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefore.
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(c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.

Comments to the Presiding Judge of the Superior Court in compliance with Penal Code §933.05 are required and requested from

B. See below a recent job posting for the Field Supervisor position at OmniTrans:

2023 Field Supervisor Recruitment from OmniTrans
Salary
$62,667.96 - $94,002.00 Annually
Location
San Bernardino, CA
Job Type
Full Time
Job Number
1307
Department
Operations
Opening Date
07/20/2023
Closing Date
8/4/2023 11:59 PM Pacific
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JOB DESCRIPTION
The Job:

Ride OMNITRANS to a satisfying career that lets you make a difference in the San Bernardino Valley. OmniTrans, provider of public mass transit for the San Bernardino Valley in Southern California is seeking a highly skilled professional to join our award-winning team. The ideal Candidate hired will supervise, coach and mentor the Agency's coach operators, ensuring efficient and courteous service.

Examples of Duties
The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to this position:

Monitors the daily performance/operation of fixed routes, including efficiency, system safety and on time performance; makes recommendations for adjustments. Develops routes for detours and special events. • Monitors motor coaches on the road and determines location of bus stops, zones, and amenities. Research service and makes recommendations.
• Supervises and monitors operator performance including on-board ride checks and overall compliance with rules, regulations, and safety requirements.
• Issues fare evasion citations and code enforcement.
• Assists operators with passenger relations. Investigates customer complaints and acts as liaison for the Agency with the general public and public works/safety personnel.
• Responds to, investigates, and submits reports on accidents, incidents and claims involving Agency vehicles and personnel.
• Maintains, monitors, and analyzes logs and records relative to coach operator efficiency and performance such as attendance, on time performance, and disciplinary records.
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• Evaluates and documents work performance and counsels' subordinates, recommending and implementing disciplinary actions as required.
• Monitors on street performance of contract operated services and vehicles.
• Acts as an emergency responder for natural and man-made disasters that involve public mass transit services.
• Assists the dispatch office, providing dispatch relief for meetings, breaks, emergency coverage or other duties.
• Enforces and rates on a scale coach operator safety performance including rules and regulations compliance and implements corrective action.
• Other duties may be assigned.

SUPERVISORY RESPONSIBILITIES
Directly supervises coach operators in the Operations Department. Carries out supervisory responsibilities in accordance with the organization's policies and applicable laws. Responsibilities include planning, assigning, and directing work; appraising performance; rewarding employees; addressing complaints and resolving problems.

The Requirements
To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Education and/or Experience

Possession of two years post high school education and four years of recent transit operational experience or a minimum of two years of relevant supervisory experience; or an equivalent combination of education and supervisory experience. Must be familiar with current business operating systems, software, and programs.

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Knowledge of Transit operations and applicable laws and regulations; Union contracts, rule books and progressive disciplinary procedures; basic accident investigation procedures; and two-way radio functions. Ability to prepare reports; handle pressure and emergency situations; establish and maintain effective working relationships with a variety of individuals, departments, outside agencies and the employees' labor union.

Certificates, Licenses, Registrations
Possession of or ability to obtain a valid California Class A or B driver's license, no air brake restrictions, with passenger endorsements and a valid Medical Examiner's Certificate.18

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C. San Bernardino County 2016 Joint Powers Authority
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1 www.omnitrans.org

2 www.omnitrans.org

3 https://bbklaw.com/resources/the-ins-and-outs-ofjooint-powers-authority-in-california

4 https://bbklaw.com/resources/the-ins-and-outs-ofjooint-powers-authority-in-california

5 www.law.justia.com

6 https://sbcentinel.com/2023/06/deputies-to-ride-vvta-buses

7 https://www.riversidetrannsit.com

8 www.omnitrans.org

9 www.mytd.org

10 https://www.faac.com/simulation-training/transportation/bus-driver-training/

11 www.viragesimulation.com

12 https://www.faac.com/simulation-training/transportation/bus-driver-training/

13 www.its.dot.gov/index.htm

14 www.its.dot.gov/index.htm

15 https://www.faac.com/simulation-training/transportation/bus-driver-training/

16 www.wetip.com

17 Victor Valley Daily News 6/7/2023 & Mass Transit publication 6/1/2023

18 https://www.governmentjobs.com/careers/omnitrans/jobs/4130802/field-supervisor

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TRONA: HOPE FOR THE FUTURE
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SUMMARY
In response to a complaint, the 2023 San Bernardino County Civil Grand Jury (GJ, Grand Jury, Civil Grand Jury) decided to investigate the Trona Joint Unified School District (TJUSD, the school district, district). The district currently consists of one K-12 school. Although it is a small district, the teachers, staff, administrators and School Board are all very passionate about giving the students the best education possible. Unfortunately, there are some big hills to climb.

In 2019, Trona was devastated by two earthquakes, registering 6.4 and 7.1 respectively, that severely damaged the city and the high school, which housed students from grades 6-12. The high school was damaged to the point that several buildings have been red tagged, (see Glossary) making them uninhabitable. Fortunately, the elementary school did not have to be closed and is now being used as an elementary and high school site.

Although the high school students are still being taught at the elementary school campus, they are missing some important facilities. They no longer have science labs, or trade school classes, like wood shop or welding.

They do not have their own cafeteria and the gym needs to be replaced.

For these reasons, a study was conducted to determine the feasibility of repairing the existing structures. State architectural engineers and others determined that building a new high school would be more cost-effective than trying to repair the old one. The new high school will be right sized for the population and will have all the necessary facilities required for a successful high school program. The Grand Jury’s evidence showed that many in the school district agreed with this course of action. Plans have been approved and funds have been allocated. The bidding to select a contractor is currently underway.

Unfortunately, building a new high school will not solve all the challenges faced by this school district. A good school is more than a building. It encompasses motivated parents, students, dedicated teachers, staff and a collaborative school board. The 2023 San Bernardino County Civil Grand Jury has found some deficiencies in these areas.

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BACKGROUND
The 2023 San Bernardino County Civil Grand Jury received a complaint concerning the Trona Joint Unified School District and funding for the construction of a new high school. The Grand Jury decided to interview the complainant. After the interview, the Grand Jury began an investigation into the Trona Joint Unified School District and its School Board.

The investigation uncovered the following areas of concern:
• lack of transparency of the School Board
• questions about the plans to build a new high school
• absence of trust between the community of Trona and its School Board
• lack of trust between the teachers of the Trona Joint Unified School District and its School Board
• unavailability of virtual School Board meetings
• lack of policy and procedure manuals for School District Administration and Staff
• “Vote of No Confidence” in the School Board by the Trona Teachers’ Association
• lack of adequate staff/administration for the schools • appearance of cronyism and nepotism
• poor communication between School Board, community residents, teachers and staff
• no written or formal complaint procedure for the teachers and the community to provide feedback and receive prompt answers to their complaints
• low participation of parents and students in the community regarding school board meetings and school site council meetings
• the funding to the School District from the mining royalties is not guaranteed
• lack of properly credentialed teachers
• staff assigned to special projects for which they have not been trained Therefore, the investigation was expanded to not just examine the financing of the building of the new high school, but to investigate these

other issues. This report reflects the findings and recommendations regarding the Grand Jury investigation.

METHODOLOGY
The 2023 San Bernardino County Civil Grand Jury received a complaint regarding the Trona Joint Unified School District. After subsequent interviews, the Grand Jury decided to investigate the Trona School District and its School Board.

The Grand Jury researched numerous documents including budgets, meeting agendas, meeting minutes and public documents from California Office of Emergency Services (Cal OES, see Glossary). The Grand Jury read multiple reports on the building of the proposed new high school. The history of the area of Trona was researched.

The Grand Jury interviewed multiple witnesses including teachers, administrators, administration staff, community members, School Board personnel and school staff. Finally, the Grand Jury made a visit to the area of Trona and observed the Trona Schools and the site for the potential new high school.

View of Trona (Photo Taken 09/05/2023)
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other issues. This report reflects the findings and recommendations regarding the Grand Jury investigation.

METHODOLOGY
The 2023 San Bernardino County Civil Grand Jury received a complaint regarding the Trona Joint Unified School District. After subsequent interviews, the Grand Jury decided to investigate the Trona School District and its School Board.

The Grand Jury researched numerous documents including budgets, meeting agendas, meeting minutes and public documents from California Office of Emergency Services (Cal OES, see Glossary). The Grand Jury read multiple reports on the building of the proposed new high school. The history of the area of Trona was researched.

The Grand Jury interviewed multiple witnesses including teachers, administrators, administration staff, community members, School Board personnel and school staff. Finally, the Grand Jury made a visit to the area of Trona and observed the Trona Schools and the site for the potential new high school.

View of Trona (Photo Taken 09/05/2023)
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Searls Valley Mineral Inc. (Photo Taken 09/05/2023)

DISCUSSION
History of Trona
• Trona is an unincorporated area in the high desert of San Bernardino County, (“Special district,“see Glossary). The town takes its name from the mineral trona, abundant in the Searles Valley lakebed.

Historically, (1914) Trona came into existence as workers from the nearby plant of the American Trona Company began to mine potash, borax and mineral salts from the dry lake at Searles Valley. A mineral-rich layer of salts was discovered about 100 feet beneath the lakebed surface and operations have concentrated on recovering the brine ever since.
• Trona was established as a self-contained company town wholly operated by its resident mining company to house employees. The mining company also built a library, a grocery store, a school and recreation facilities. The Trona Railway was built to provide the town with a rail connection at Searles, and the railway still operates today. • the Trona plants are now owned by Searles Valley Minerals, Inc. based in Overland Park, Kansas, and is owned by the Indian company Nirma. It is the town’s largest employer. The company

produces borax, boric acid, soda ash, salt cake and salt. As a raw material, soda ash is vital to the production of certain types of detergents and cleaning agents, types of adhesives and sealants, chemical fertilizers and dyes. Potash is a key ingredient of gun powder. (Kerr – McGee Chem. Corp. 1989 brochure, see Glossary) • Mineral Royalties: As it operates on Bureau of Land Management (BLM) leased land, the Searles Valley Minerals, Inc. (mining company) pays royalties (money) each year to the federal and state governments. Much of the royalties cover expenses of the local school district and had been set at 6%.
• effective January 1st, 2021, to compete with global production Congress and the BLM devised a 10-year plan to cut the 6% royalties to 2%.

The intention was to:
o counter the Chinese and Turkish expansion
o encourage investment and job expansion by U.S. Industry o increase U.S. mineral development
o give greater economic certainty to make immediate and long- term investments to strengthen the industry
The population of Trona, though once booming, has been on a steady decline since the 1970 United States Census Bureau Report (US Census).

Conceived in 1914, Trona appeared for the first time in the 1920 US Census. The population was reported to be 724. By the 1970 US Census, the reported population increased to 10,065, an increase from the 1960 US Census recording of 5,698.

The beginning of the decline was set in motion by the strike between the unions and the then owners of the plant, Kerr-McGee, in March 1970. The strike lasted 150 days and by the time it concluded in July 1970, the town of Trona was severely crippled. Kerr-McGee had laid off 75% of their workforce, neighbors turned on each other, and several acts of violence had been committed, including 21 bombings of homes, businesses, and sewer lines. (Source: https://www.trona-ca.com/trona-strike-in-1970) . By the 1980 US Census, Trona’s population decreased to 4,285. The population counts recorded for each US Census thereafter continued to decrease substantially-from “Boom to Bust” in two decades.

Searls Valley Mineral Inc. (Photo Taken 09/05/2023)

DISCUSSION
History of Trona
• Trona is an unincorporated area in the high desert of San Bernardino County, (“Special district,“see Glossary). The town takes its name from the mineral trona, abundant in the Searles Valley lakebed.

Historically, (1914) Trona came into existence as workers from the nearby plant of the American Trona Company began to mine potash, borax and mineral salts from the dry lake at Searles Valley. A mineral-rich layer of salts was discovered about 100 feet beneath the lakebed surface and operations have concentrated on recovering the brine ever since.
• Trona was established as a self-contained company town wholly operated by its resident mining company to house employees. The mining company also built a library, a grocery store, a school and recreation facilities. The Trona Railway was built to provide the town with a rail connection at Searles, and the railway still operates today. • the Trona plants are now owned by Searles Valley Minerals, Inc. based in Overland Park, Kansas, and is owned by the Indian company Nirma. It is the town’s largest employer. The company 102 San Bernardino County Grand Jury Final Report
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produces borax, boric acid, soda ash, salt cake and salt. As a raw material, soda ash is vital to the production of certain types of detergents and cleaning agents, types of adhesives and sealants, chemical fertilizers and dyes. Potash is a key ingredient of gun powder. (Kerr – McGee Chem. Corp. 1989 brochure, see Glossary) • Mineral Royalties: As it operates on Bureau of Land Management (BLM) leased land, the Searles Valley Minerals, Inc. (mining company) pays royalties (money) each year to the federal and state governments. Much of the royalties cover expenses of the local school district and had been set at 6%.
• effective January 1st, 2021, to compete with global production Congress and the BLM devised a 10-year plan to cut the 6% royalties to 2%.

The intention was to:
o counter the Chinese and Turkish expansion
o encourage investment and job expansion by U.S. Industry o increase U.S. mineral development
o give greater economic certainty to make immediate and long- term investments to strengthen the industry
The population of Trona, though once booming, has been on a steady decline since the 1970 United States Census Bureau Report (US Census).

Conceived in 1914, Trona appeared for the first time in the 1920 US Census. The population was reported to be 724. By the 1970 US Census, the reported population increased to 10,065, an increase from the 1960 US Census recording of 5,698.

The beginning of the decline was set in motion by the strike between the unions and the then owners of the plant, Kerr-McGee, in March 1970. The strike lasted 150 days and by the time it concluded in July 1970, the town of Trona was severely crippled. Kerr-McGee had laid off 75% of their workforce, neighbors turned on each other, and several acts of violence had been committed, including 21 bombings of homes, businesses, and sewer lines. (Source: https://www.trona-ca.com/trona-strike-in-1970) . By the 1980 US Census, Trona’s population decreased to 4,285. The population counts recorded for each US Census thereafter continued to decrease substantially-from “Boom to Bust” in two decades. 103San Bernardino County Grand Jury Final Report
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Trona’s population now stands at approximately 1,600 residents. The nearest city, Ridgecrest, is 24 miles away and has a population of over 28,000 (according to Google). According to TJUSD’s 2020-21 School Accountability Report Card (SARC), the entire high school student population was 128, down from the peak years when approximately 350 graduated from high school yearly.

Trona High School Office (Photo Taken 09/05/2023)
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Trona High School Gym (Photo Taken 09/05/2023)

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Trona High School Gym (Photo Taken 09/05/2023)

History of the Trona Joint Unified School District
The Trona School District was established on October 23,1916. The high school was founded in 1940 in a company-provided building that was also used for recreational purposes. For the 1941-42 school year the 11th & 12th grades were added to the new building. The high school had eight teachers and a principal, who taught one class. Fourteen students graduated at the end of that school year. ( www.trona-ca.com/trona-schools) The town was still using the high school for recreational and community purposes until the earthquake.

The high school has a football team, the Trona Tornados. This is the only team in the country playing on a dirt field. Evidence shows that the community congregates around its sports teams and is proud of the field.

Trona’s population ups and downs were reflected by the number of players on its football team. After the earthquakes in 2019, both Trona High School

and the district offices were deemed unsafe for occupancy, but the football field continues to be used.

Trona High School Football Field (Photo Taken 09/05/2023)

The Earthquakes
Because the earthquakes destroyed much of Trona and the Trona Joint Unified School District, Trona was declared to be a local emergency area.

Between July 5th and August 20th of 2019, responding governmental agencies and the residents dealt with the situation. On July 8th medical and mental health services were provided at Trona High School, as well as portable showers and bottled water. On July 10th 2019, a town hall meeting was held at Trona High School, and San Bernardino County opened a local assistance center. A 4.2 magnitude earthquake was registered on that date.
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and the district offices were deemed unsafe for occupancy, but the football field continues to be used.

Trona High School Football Field (Photo Taken 09/05/2023)

The Earthquakes
Because the earthquakes destroyed much of Trona and the Trona Joint Unified School District, Trona was declared to be a local emergency area.

Between July 5th and August 20th of 2019, responding governmental agencies and the residents dealt with the situation. On July 8th medical and mental health services were provided at Trona High School, as well as portable showers and bottled water. On July 10th 2019, a town hall meeting was held at Trona High School, and San Bernardino County opened a local assistance center. A 4.2 magnitude earthquake was registered on that date.
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On July 11th water service was restored when it was piped in from Ridgecrest.

The Trona High School was the center of emergency services including distribution of water, medical supplies, information, showers and the meeting place for the town of Trona immediately after the two earthquakes.

The school suffered extensive structural damage (exterior and interior walls, cracking to concrete slabs and walkways, flooring, electrical – see Cal OES brief enclosure # 1) Also, due to hazardous soil conditions (liquefaction), the school needed to be relocated. Eventually the high school was also red tagged (see Glossary) which deemed it “uninhabitable”. (Cal OES brief enclosure # 1)

The Question of Building a New High School
After the 2019 earthquakes, the Grand Jury discovered that Cal OES prepared a Damage Survey Report. The original estimate to repair the high school was over $48 million. After surveys from the architect, engineers and geologists, it was determined that the existing structure was damaged beyond repair and the location was unacceptable for multiple reasons. The cost for new construction was approximately $71 million. The Trona School Board requested funding for the replacement and relocation of the high school. The funding was approved in March 2023. (Cal OES 3/14/23 Brief)
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New Highschool Site (Photo Taken 09/05/2023)

New Highschool Site (Photo Taken 09/05/2023)

Proposed Trona High School Artist Rendition (Photo Taken 09/05/2023)

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Funding
The Trona School District previously functioned on an annual budget of roughly $5.58 million; $4.11 million came from the royalties. A portion of the royalties has been used for competitive salaries for teachers and to assist in recruitment to the Trona area. The average salary for teachers in Trona is $77,782 as listed below in the school statistics.

The current royalties are being held by the school district to provide for their 25% portion of the cost to build the new high school. For the 2020-21 School Year, Trona Joint Unified School District received $7.3 million in funds from governmental entities. TJUSD is now receiving $1.37 million in royalties from the nearby mine, and the district is struggling to educate its 260 students.

A new high school was deemed cost effective because the cost to repair the old high school exceeded 50% of the cost estimate to build a new high school. The School District was able to obtain outside financing from governmental agencies totaling $78.6 million of the entire estimate amount of $80 million. The district’s share of the new high school financing was estimated to be $1.4 million.

Evidence shows that community members expressed a desire for a new high school for multiple reasons. The community members felt the high schoolers needed their own school to allow for social activities.

Additionally, they noted that the high school served the purpose as a gathering place for the community.

Trona High School Statistics
Trona High School includes grades 7-12 and is located at 83600 Trona Road, in Trona CA. The total enrollment for 2021-22 was 116 students as recorded by the California Assessment of Student Performance and Progress (CAASPP) and for 2020-21 the student enrollment was 128 as reported in the 2020-21 School Accountability Report Card.

The demographics are as follows:
• 49.2% White
• 33.6% Hispanic

New Highschool Site (Photo Taken 09/05/2023)

Proposed Trona High School Artist Rendition (Photo Taken 09/05/2023)

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Funding The Trona School District previously functioned on an annual budget of roughly $5.58 million; $4.11 million came from the royalties. A portion of the royalties has been used for competitive salaries for teachers and to assist in recruitment to the Trona area. The average salary for teachers in Trona is $77,782 as listed below in the school statistics. The current royalties are being held by the school district to provide for their 25% portion of the cost to build the new high school. For the 2020-21 School Year, Trona Joint Unified School District received $7.3 million in funds from governmental entities. TJUSD is now receiving $1.37 million in royalties from the nearby mine, and the district is struggling to educate its 260 students. A new high school was deemed cost effective because the cost to repair the old high school exceeded 50% of the cost estimate to build a new high school. The School District was able to obtain outside financing from governmental agencies totaling $78.6 million of the entire estimate amount of $80 million. The district’s share of the new high school financing was estimated to be $1.4 million. Evidence shows that community members expressed a desire for a new high school for multiple reasons. The community members felt the high schoolers needed their own school to allow for social activities. Additionally, they noted that the high school served the purpose as a gathering place for the community.

Trona High School Statistics
Trona High School includes grades 7-12 and is located at 83600 Trona Road, in Trona CA. The total enrollment for 2021-22 was 116 students as recorded by the California Assessment of Student Performance and Progress (CAASPP) and for 2020-21 the student enrollment was 128 as reported in the 2020-21 School Accountability Report Card.

The demographics are as follows:
• 49.2% White
• 33.6% Hispanic

• 10.9% Black/African American
• 0.08% Native Hawaiian or Pacific Islander
• 0.08% American Indian or Alaska Native
• 4.7% Other Races

Class Size and Teacher Credentials
As of the 2022-23 school year, the average class size for Trona High School is 17 students in each subject with a graduation rate of 78.30%.

The total average number of fully credential teachers is 4.1. The number of teachers without credentials and in misassignments (not teaching the subject for which they are credentialed by the state) is 4.5. The number of credential teachers assigned out of field is .01, and the number of unknown credentialed teachers (unknown meaning missing, incomplete, incorrect and/or unidentified information about the status of the credential) is 1.5 for a total of 10.3 teaching positions (The demographics, class size, graduation rate and credentialed teachers are reported in the 2020-21 SARC.)

Teacher Salary
As of the 2022-23 school year, one of the concerns the Grand Jury found is the difficulty the Trona Joint Unified School District has in hiring teachers who are willing to relocate to the Trona or Ridgecrest area. The salaries offered to teachers for Trona High School is very competitive. The average annual teacher’s salary at Trona High School is $77,782. The average annual teacher salary in California is $71,544. (Salaries from California Department of Education report for 2020-21 page 36.)
As of the time of this report, the Grand Jury found that the Trona teachers had received a 10% raise in salary. This may have attracted more applicants for the 2023-24 school year. Evidence revealed that the High School has filled all its teaching vacancies.

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• 10.9% Black/African American • 0.08% Native Hawaiian or Pacific Islander • 0.08% American Indian or Alaska Native • 4.7% Other Races Class Size and Teacher Credentials As of the 2022-23 school year, the average class size for Trona High School is 17 students in each subject with a graduation rate of 78.30%. The total average number of fully credential teachers is 4.1. The number of teachers without credentials and in misassignments (not teaching the subject for which they are credentialed by the state) is 4.5. The number of credential teachers assigned out of field is .01, and the number of unknown credentialed teachers (unknown meaning missing, incomplete, incorrect and/or unidentified information about the status of the credential) is 1.5 for a total of 10.3 teaching positions (The demographics, class size, graduation rate and credentialed teachers are reported in the 2020-21 SARC.) Teacher Salary
As of the 2022-23 school year, one of the concerns the Grand Jury found is the difficulty the Trona Joint Unified School District has in hiring teachers who are willing to relocate to the Trona or Ridgecrest area. The salaries offered to teachers for Trona High School is very competitive. The average annual teacher’s salary at Trona High School is $77,782. The average annual teacher salary in California is $71,544. (Salaries from California Department of Education report for 2020-21 page 36.)
As of the time of this report, the Grand Jury found that the Trona teachers had received a 10% raise in salary. This may have attracted more applicants for the 2023-24 school year. Evidence revealed that the High School has filled all its teaching vacancies.

State Testing Results for 2018-2022
For the school year of 2021-22, Trona High School results in English Language Arts (ELA) 37.51% of students tested met or exceeded ELA standards. For Mathematics (Math) 16.13% met or exceeded standards.

For the school year of 2020-21 Trona High School results in ELA 30.61% of students tested met or exceeded the ELA standards. For Math 10.20% met or exceeded standards.

For the school year of 2019-20 for Trona High School there are no State test results due to Covid19.

For the school year of 2018-19, Trona High School results in ELA 43.08% of students tested met or exceeded ELA standards. For Math 21.31 % met or exceeded the standards. (All test results are reported from CAASPP for each school year.)
TRONA HIGH SCHOOL TEST RESULTS 2018-2022
School Year 2018-19 2019-20 2020-21 2021-22
ELA 43.08%  30.61% 37.51%
Math 21.31%  10.20% 16.13%
The scores above are the percentage of students who met or exceeded the state standards.

California Assessment of Student Performance and Progress (CAASPP) https://www.cde.ca.gov/ta/tg/ca/

 Indicates score was not reported due to COVID19.

School Test Result Comparisons
At first glance, the Trona High School test results appear to be very low.

Two high schools were randomly selected to compare State test results.

The schools selected are both in San Bernardino County and the test score comparisons are from 2021-22. The Trona State scores are compared to Bloomington High School in Colton Unified School District and Eisenhower High School in Rialto Unified School District.

Trona High School 37.51% of those tested exceeded or met the ELA standard; Math 16.13% exceeded or met the standard.
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State Testing Results for 2018-2022 For the school year of 2021-22, Trona High School results in English Language Arts (ELA) 37.51% of students tested met or exceeded ELA standards. For Mathematics (Math) 16.13% met or exceeded standards. For the school year of 2020-21 Trona High School results in ELA 30.61% of students tested met or exceeded the ELA standards. For Math 10.20% met or exceeded standards. For the school year of 2019-20 for Trona High School there are no State test results due to Covid19. For the school year of 2018-19, Trona High School results in ELA 43.08% of students tested met or exceeded ELA standards. For Math 21.31 % met or exceeded the standards. (All test results are reported from CAASPP for each school year.) TRONA HIGH SCHOOL TEST RESULTS 2018-2022 School Year 2018-19 2019-20 2020-21 2021-22 ELA 43.08%  30.61% 37.51% Math 21.31%  10.20% 16.13% The scores above are the percentage of students who met or exceeded the state standards. California Assessment of Student Performance and Progress (CAASPP) https://www.cde.ca.gov/ta/tg/ca/  Indicates score was not reported due to COVID19.

School Test Result Comparisons
At first glance, the Trona High School test results appear to be very low.

Two high schools were randomly selected to compare State test results.

The schools selected are both in San Bernardino County and the test score comparisons are from 2021-22. The Trona State scores are compared to Bloomington High School in Colton Unified School District and Eisenhower High School in Rialto Unified School District.

Trona High School 37.51% of those tested exceeded or met the ELA standard; Math 16.13% exceeded or met the standard.

Bloomington High School 37.62% of those tested exceeded or met the ELA standard; Math 7.36% exceeded or met the standard.

Eisenhower High School 33.14% of those tested exceeded or met the ELA standard, Math 14.34% exceeded or met the standard.

COMPARISON OF HIGH SCHOOL TEST RESULTS
2021-2022
High School Trona HS Bloomington
HS
Eisenhower
HS
ELA 31.75% 37.62% 33.14%
Math 16.13% 7.36% 14.34%
The scores above are the percentage of students who
met or exceeded the state standard English Language
Arts (ELA) and Mathematics (Math).

California Assessment of Student Performance and
Progress (CAASPP) https://www.cde.ca.gov/ta/tg/ca/

After comparing two other high schools in the San Bernardino County, regardless of the demographics and number of students attending, the scores do not reveal a significant difference. It does not appear that the displacement of high school students to the elementary school affected the overall state scores.

Problems With the Trona Teachers’ Association
After the earthquakes, the School Board began retaining royalty funds in anticipation of building the new high school. In the 2022-23 school year, the teachers’ association and School Board engaged in contract negotiations. The association felt that some of the $9 million accumulated in reserves should be used for teacher raises; the school board felt they should continue to retain the money in reserve in case of possible cost increases for the construction of the new high school. Eventually, the contract negotiations reached an impasse (see Glossary); the School District started the 2023-24 school year with only one high school teacher held over from the prior year. The other teachers and many of the staff either resigned or retired.
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Bloomington High School 37.62% of those tested exceeded or met the ELA standard; Math 7.36% exceeded or met the standard. Eisenhower High School 33.14% of those tested exceeded or met the ELA standard, Math 14.34% exceeded or met the standard. COMPARISON OF HIGH SCHOOL TEST RESULTS 2021-2022 High School Trona HS Bloomington HS Eisenhower HS ELA 31.75% 37.62% 33.14% Math 16.13% 7.36% 14.34% The scores above are the percentage of students who met or exceeded the state standard English Language Arts (ELA) and Mathematics (Math). California Assessment of Student Performance and Progress (CAASPP) https://www.cde.ca.gov/ta/tg/ca/ After comparing two other high schools in the San Bernardino County, regardless of the demographics and number of students attending, the scores do not reveal a significant difference. It does not appear that the displacement of high school students to the elementary school affected the overall state scores.

Problems With the Trona Teachers’ Association
After the earthquakes, the School Board began retaining royalty funds in anticipation of building the new high school. In the 2022-23 school year, the teachers’ association and School Board engaged in contract negotiations. The association felt that some of the $9 million accumulated in reserves should be used for teacher raises; the school board felt they should continue to retain the money in reserve in case of possible cost increases for the construction of the new high school. Eventually, the contract negotiations reached an impasse (see Glossary); the School District started the 2023-24 school year with only one high school teacher held over from the prior year. The other teachers and many of the staff either resigned or retired.

The GJ found that multiple sources did not believe that the TJUSD needed to retain $9 million or to build a school that was the size of the proposed new building. The population of Trona, which has been declining for years, does not warrant the large size of a new high school.

Eventually the Trona Teachers’ Association and the School Board reached an impasse on negotiations. Consequently, multiple teachers either resigned or retired at the end of the 2022-23 school year.

The TJUSD Teachers’ Association asked for a 15% Cost-of-Living Adjustment (COLA) raise for the 2022-23 school year, and the School District offered 2%. The Teachers’ Association disagreed with this offer.

The bickering between the Teachers’ Association and the school district seems to come out of frustration and misunderstanding. The Grand Jury learned when going into contract negotiations, TJUSD was trying to show teachers they did not have the funds to provide raises. The Teachers’ Association saw there was money held in reserve, which, they believed, could go toward raises. Therefore, there was a misunderstanding because this reserve money was held to help Trona pay its portion of building a new high school.

Detention
At the high school level, there was little to no accountability for students. In the 2022-23 school year, there was no detention program at the high school level. While recognizing that detention will not solve all student behavior issues, the ability to discipline students for infractions could be helpful for deterring students from misbehaving. The Grand Jury notes, “detention, and other punitive measures, like suspensions and expulsions, can contribute to other issues, such as recidivism among students, despite harsher or longer punishments. These measures have the potential to increase apathy and defiance.” (edutopia.org)
The Grand Jury found that there is still no detention as of the date of this report.

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The GJ found that multiple sources did not believe that the TJUSD needed to retain $9 million or to build a school that was the size of the proposed new building. The population of Trona, which has been declining for years, does not warrant the large size of a new high school. Eventually the Trona Teachers’ Association and the School Board reached an impasse on negotiations. Consequently, multiple teachers either resigned or retired at the end of the 2022-23 school year. The TJUSD Teachers’ Association asked for a 15% Cost-of-Living Adjustment (COLA) raise for the 2022-23 school year, and the School District offered 2%. The Teachers’ Association disagreed with this offer. The bickering between the Teachers’ Association and the school district seems to come out of frustration and misunderstanding. The Grand Jury learned when going into contract negotiations, TJUSD was trying to show teachers they did not have the funds to provide raises. The Teachers’ Association saw there was money held in reserve, which, they believed, could go toward raises. Therefore, there was a misunderstanding because this reserve money was held to help Trona pay its portion of building a new high school.

Detention
At the high school level, there was little to no accountability for students. In the 2022-23 school year, there was no detention program at the high school level. While recognizing that detention will not solve all student behavior issues, the ability to discipline students for infractions could be helpful for deterring students from misbehaving. The Grand Jury notes, “detention, and other punitive measures, like suspensions and expulsions, can contribute to other issues, such as recidivism among students, despite harsher or longer punishments. These measures have the potential to increase apathy and defiance.” (edutopia.org)
The Grand Jury found that there is still no detention as of the date of this report.

School Site Council
TJUSD schools hold School Site Council (SSC) meetings, one for the elementary level and one for the high school level, that are poorly attended.

Attendance is voluntary for parents. Perhaps one or two parents may attend, and possibly, two to three teachers. The Grand Jury would like to see the school district strengthen its SSC meetings. “California Education Code 52852 stipulates that a School Site Council is to be established at every school that participates in the Title I program (see Glossary). This team is to be comprised of the principal, teachers, other staff members, and selected parents, and community members. In high schools, students may participate as well.(https: //ww.cde.ca.gov/Re/tr/cl) “The School Site Council looks at student data and information, identifies student needs and areas for improvement and participates in the writing of the Single Plan for Student Achievement (SPSA). The SPSA is the school’s blueprint for what will be carried out to improve school and student achievement. The SSC also monitors the plan to see that these actions have occurred, that the funding has been spent and, lastly, they evaluate these activities at the end of the school year.

Participation by teachers, staff members, administrators and community members are very important, since these selected persons participate in significant decision making that can bring positive benefits to students.” (scuds.edu)
All SSC meetings are public meetings. The Grand Jury researched and learned everyone working together can create a more positive teaching and learning atmosphere at schools.

Distrust Between the Administration, School Board and Teachers Evidence showed that, in the past, teachers felt when they went to administration with problems, the administration failed to take any action to help. The Grand Jury also found that the elimination of certain extracurricular programs seemed to happen to teachers who had complained to administration. Additionally, administration eliminated its detention policy. The detention program was discontinued by the 2022-23 115San Bernardino County Grand Jury Final Report
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School Site Council TJUSD schools hold School Site Council (SSC) meetings, one for the elementary level and one for the high school level, that are poorly attended. Attendance is voluntary for parents. Perhaps one or two parents may attend, and possibly, two to three teachers. The Grand Jury would like to see the school district strengthen its SSC meetings. “California Education Code 52852 stipulates that a School Site Council is to be established at every school that participates in the Title I program (see Glossary). This team is to be comprised of the principal, teachers, other staff members, and selected parents, and community members. In high schools, students may participate as well.(https: //ww.cde.ca.gov/Re/tr/cl) “The School Site Council looks at student data and information, identifies student needs and areas for improvement and participates in the writing of the Single Plan for Student Achievement (SPSA). The SPSA is the school’s blueprint for what will be carried out to improve school and student achievement. The SSC also monitors the plan to see that these actions have occurred, that the funding has been spent and, lastly, they evaluate these activities at the end of the school year. Participation by teachers, staff members, administrators and community members are very important, since these selected persons participate in significant decision making that can bring positive benefits to students.” (scuds.edu) All SSC meetings are public meetings. The Grand Jury researched and learned everyone working together can create a more positive teaching and learning atmosphere at schools.

Distrust Between the Administration, School Board and Teachers Evidence showed that, in the past, teachers felt when they went to administration with problems, the administration failed to take any action to help. The Grand Jury also found that the elimination of certain extracurricular programs seemed to happen to teachers who had complained to administration. Additionally, administration eliminated its detention policy. The detention program was discontinued by the 2022-23

school year due to lack of space for detention to be held, and the lack of teacher coverage to oversee detention.

The Grand Jury also found that school administration seldom observed individual classrooms to verify how the teachers were teaching and if any recommendations for improvement, or positive comments, could be offered to teachers.

In 2018 there was an altercation between a student and a staff member; there were differences in the way the school board and the school staff advocated handling the situation. As a result, a member of school administration was demoted.

Lack of Communication
Findings show that the school board meetings were held in two parts:
closed session and open session. The school board held the closed session of meetings at 3:30 p.m. and the open session at 6:00 p.m. and were not convenient for the teaching staff as most teachers lived in Ridgecrest, 24 miles away. Many teachers were off work at about two or three in the afternoon and a long drive at 6:00 p.m. meant a drive back to Trona within an hour or two of leaving their workday. While the board meetings were open to all community members, not all were able to attend.

Emergency (special) meetings did not require as much notice to the community, with the potential of lower attendance due to less notice.

Evidence showed there were many emergency meetings held in the 2022- 23 school year. Also, for school site council meetings, some parents were specifically invited, but parental participation was very low. During the Covid pandemic, school board meetings were virtual, but that was discontinued after Covid. The virtual meetings have not resumed.

Lack of Adequate and Qualified Administrative Staff
Trona is a small desert community. The population of the town is approximately 1,600 and the nearest town of 28,000 is half an hour away.

school year due to lack of space for detention to be held, and the lack of teacher coverage to oversee detention.

The Grand Jury also found that school administration seldom observed individual classrooms to verify how the teachers were teaching and if any recommendations for improvement, or positive comments, could be offered to teachers.

In 2018 there was an altercation between a student and a staff member; there were differences in the way the school board and the school staff advocated handling the situation. As a result, a member of school administration was demoted.

Lack of Communication
Findings show that the school board meetings were held in two parts:
closed session and open session. The school board held the closed session of meetings at 3:30 p.m. and the open session at 6:00 p.m. and were not convenient for the teaching staff as most teachers lived in Ridgecrest, 24 miles away. Many teachers were off work at about two or three in the afternoon and a long drive at 6:00 p.m. meant a drive back to Trona within an hour or two of leaving their workday. While the board meetings were open to all community members, not all were able to attend.

Emergency (special) meetings did not require as much notice to the community, with the potential of lower attendance due to less notice.

Evidence showed there were many emergency meetings held in the 2022- 23 school year. Also, for school site council meetings, some parents were specifically invited, but parental participation was very low. During the Covid pandemic, school board meetings were virtual, but that was discontinued after Covid. The virtual meetings have not resumed.

Lack of Adequate and Qualified Administrative Staff
Trona is a small desert community. The population of the town is approximately 1,600 and the nearest town of 28,000 is half an hour away. 116 San Bernardino County Grand Jury Final Report
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school year due to lack of space for detention to be held, and the lack of teacher coverage to oversee detention. The Grand Jury also found that school administration seldom observed individual classrooms to verify how the teachers were teaching and if any recommendations for improvement, or positive comments, could be offered to teachers. In 2018 there was an altercation between a student and a staff member; there were differences in the way the school board and the school staff advocated handling the situation. As a result, a member of school administration was demoted. Lack of Communication Findings show that the school board meetings were held in two parts: closed session and open session. The school board held the closed session of meetings at 3:30 p.m. and the open session at 6:00 p.m. and were not convenient for the teaching staff as most teachers lived in Ridgecrest, 24 miles away. Many teachers were off work at about two or three in the afternoon and a long drive at 6:00 p.m. meant a drive back to Trona within an hour or two of leaving their workday. While the board meetings were open to all community members, not all were able to attend. Emergency (special) meetings did not require as much notice to the community, with the potential of lower attendance due to less notice. Evidence showed there were many emergency meetings held in the 2022-23 school year. Also, for school site council meetings, some parents were specifically invited, but parental participation was very low. During the Covid pandemic, school board meetings were virtual, but that was discontinued after Covid. The virtual meetings have not resumed.

Lack of Adequate and Qualified Administrative Staff
Trona is a small desert community. The population of the town is approximately 1,600 and the nearest town of 28,000 is half an hour away.

Thus, Trona is limited in its hiring options. Evidence has shown that job applicants for non-educator positions are often lacking all the necessary qualifications and skillsets to perform the jobs for which they are hired. The GJ found that the school district is one of the larger employers in the area but there has been some degree of turnover in some para-professional positions.

In some cases, the person is hired to fill a position in which the previous occupant left before their replacement has been hired. There is no one with direct knowledge of what a job entails within the school district. The Grand Jury found that for multiple positions there are no manuals (such as policy, procedural or training) or materials to assist in training people filling these positions.

Thus, the new hire must figure out how to do the job without what would be considered the necessary prerequisites, any on-the-job training from the person they are replacing or any training materials. The GJ determined that some of these employees, who have been in this position, have had additional duties assigned to them. The Grand Jury found that this been a cause of stress in the working environment.

The Grand Jury discovered that there are funds to train non-educator staff.

However, there is no “in-house” training specific to the school district’s procedures so the training would have to be obtained from outside vendors.

Teacher Credentialing Problems
The GJ found that the School District has used non-credentialed instructors to teach some classes it provides, which is allowed by law. However, that requires a waiver and is certainly not the best practice. The School District does not offer onsite training or classes to assist those instructors in obtaining their credentials. The Grand Jury found that there is some confusion concerning the usage of school district funds for outside training for educators. Evidence has shown there were funds available for training. 117San Bernardino County Grand Jury Final Report
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Thus, Trona is limited in its hiring options. Evidence has shown that job applicants for non-educator positions are often lacking all the necessary qualifications and skillsets to perform the jobs for which they are hired. The GJ found that the school district is one of the larger employers in the area but there has been some degree of turnover in some para-professional positions. In some cases, the person is hired to fill a position in which the previous occupant left before their replacement has been hired. There is no one with direct knowledge of what a job entails within the school district. The Grand Jury found that for multiple positions there are no manuals (such as policy, procedural or training) or materials to assist in training people filling these positions. Thus, the new hire must figure out how to do the job without what would be considered the necessary prerequisites, any on-the-job training from the person they are replacing or any training materials. The GJ determined that some of these employees, who have been in this position, have had additional duties assigned to them. The Grand Jury found that this been a cause of stress in the working environment. The Grand Jury discovered that there are funds to train non-educator staff. However, there is no “in-house” training specific to the school district’s procedures so the training would have to be obtained from outside vendors.

Teacher Credentialing Problems
The GJ found that the School District has used non-credentialed instructors to teach some classes it provides, which is allowed by law. However, that requires a waiver and is certainly not the best practice. The School District does not offer onsite training or classes to assist those instructors in obtaining their credentials. The Grand Jury found that there is some confusion concerning the usage of school district funds for outside training for educators. Evidence has shown there were funds available for training.

However, the School District was not reimbursing some teachers for the cost of training and of classroom materials purchased.

Lack of input from the community
Evidence indicates parent attendance and participation at School Board meetings is very poor and hinders the opportunity to express concerns.

Trona School Board meets on the second Thursday of each month and are generally open sessions. The meeting agendas, calendar, minutes and School Board policies are available on their website. The meetings are recorded and available to the public for viewing, by request. Virtual meetings were held during the Covid pandemic however, this method of communication was discontinued when pandemic restrictions were repealed, and in-person meetings resumed. There is no system for anonymous complaints in such a small, close-knit community.

Financial problems
Evidence supports that Trona School District’s financial stability is heavily dependent on revenues received from Searle’s Mining company. Evidence also shows that these revenues have been decreasing over the years, requiring legislative intervention to mitigate total loss of these funds.

Furthermore, the evidence shows there are no other resources available to replace these funds in the event of total loss.

Low test scores
One of the concerns reviewed by the GJ was the low state test scores for the students at Trona High School. The potential reasons researched were the earthquakes, which caused the displacement of high school classes to the elementary school, uncredentialed teachers and lack of detention as discipline.

However, evidence revealed the test scores of high school students at Trona are not significantly lower or higher than the other high schools 118 San Bernardino County Grand Jury Final Report
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However, the School District was not reimbursing some teachers for the cost of training and of classroom materials purchased. Lack of input from the community Evidence indicates parent attendance and participation at School Board meetings is very poor and hinders the opportunity to express concerns. Trona School Board meets on the second Thursday of each month and are generally open sessions. The meeting agendas, calendar, minutes and School Board policies are available on their website. The meetings are recorded and available to the public for viewing, by request. Virtual meetings were held during the Covid pandemic however, this method of communication was discontinued when pandemic restrictions were repealed, and in-person meetings resumed. There is no system for anonymous complaints in such a small, close-knit community. Financial problems Evidence supports that Trona School District’s financial stability is heavily dependent on revenues received from Searle’s Mining company. Evidence also shows that these revenues have been decreasing over the years, requiring legislative intervention to mitigate total loss of these funds. Furthermore, the evidence shows there are no other resources available to replace these funds in the event of total loss.

Low test scores
One of the concerns reviewed by the GJ was the low state test scores for the students at Trona High School. The potential reasons researched were the earthquakes, which caused the displacement of high school classes to the elementary school, uncredentialed teachers and lack of detention as discipline.

However, evidence revealed the test scores of high school students at Trona are not significantly lower or higher than the other high schools

compared earlier. Trona High School test scores were randomly compared to Bloomington and Eisenhower High Schools. The comparisons were done for the 2021-22 school year and reported to the California Department of Education. (see School Statistics section above)

The Appearance of Nepotism
The Grand Jury found that in the small unincorporated town of Trona many of the school administration, staff and school board members have family relations. Evidence revealed many in the community and the School District do not believe a non-nepotism policy is necessary in the district.

When necessary, some staff members automatically recuse themselves when dealing with a family relative. There could be, however, the appearance of favoritism to people who live outside of Trona (and especially to those considering applying for a position within the TJUSD).

Several family members are on the School Board, in administration, in charge of discipline and are policy makers and manage funds within the School District. It could be perceived that those applicants may enjoy an unfair advantage and be hired just because they are related to others in the School District or on the School Board, even though possibly less qualified.

The Grand Jury found it would benefit the School District to create and implement a procedure to address the hiring and selection practices to avoid the appearance of favoritism. The procedure would clearly state the steps required to ensure the appearance of transparent hiring practices and criteria. Such a non-nepotism process would promote public trust within the community and benefit the School District, its employees, its students and encourage those outside of Trona to potentially apply for positions there.

Hope for the Future
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compared earlier. Trona High School test scores were randomly compared to Bloomington and Eisenhower High Schools. The comparisons were done for the 2021-22 school year and reported to the California Department of Education. (see School Statistics section above) The Appearance of Nepotism The Grand Jury found that in the small unincorporated town of Trona many of the school administration, staff and school board members have family relations. Evidence revealed many in the community and the School District do not believe a non-nepotism policy is necessary in the district. When necessary, some staff members automatically recuse themselves when dealing with a family relative. There could be, however, the appearance of favoritism to people who live outside of Trona (and especially to those considering applying for a position within the TJUSD). Several family members are on the School Board, in administration, in charge of discipline and are policy makers and manage funds within the School District. It could be perceived that those applicants may enjoy an unfair advantage and be hired just because they are related to others in the School District or on the School Board, even though possibly less qualified. The Grand Jury found it would benefit the School District to create and implement a procedure to address the hiring and selection practices to avoid the appearance of favoritism. The procedure would clearly state the steps required to ensure the appearance of transparent hiring practices and criteria. Such a non-nepotism process would promote public trust within the community and benefit the School District, its employees, its students and encourage those outside of Trona to potentially apply for positions there.

Hope for the Future
Evidence revealed the Trona School District has many problems in need of solutions. What can the School Board and the employees do to help the

district they care about and in which they are deeply invested? The Grand Jury investigation points to some suggestions:
• open communication between the teachers and the Administration needs improvement
• open communication between the Administration, School Board and parents would benefit everyone in the School District
• a plan to secure additional funding, in the event, the royalties from the Mineral Plant are reduced or eliminated
• a Policy and Procedures Manual would help the Administrative staff do their jobs more effectively
• School Board meetings, including special sessions, need to be accessible to all members of the community in virtual form, in order to increase transparency and accessibility
• Superintendent and School Board members need to observe in the classroom on a regular basis
• proper credentialing, including teachers instructing in their credentialed fields of expertise, to ensure better learning • institute a written formal complaint process whereby teachers, students, parents and community members can voice concerns and ask questions (online also) and receive prompt answers from the Superintendent and the School Board
• a system needs to be developed to solicit input from the community, teachers, parents and students regarding all proposed major projects

If the School Board and the Administration of TJUSD want to gain trust in the eyes of the teachers and the community, consideration needs to be given to the Recommendations below.

COMMENDATIONS
The Grand Jury commends the community of Trona for answering requests for interviews, documents and observations promptly.
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district they care about and in which they are deeply invested? The Grand Jury investigation points to some suggestions: • open communication between the teachers and the Administration needs improvement • open communication between the Administration, School Board and parents would benefit everyone in the School District • a plan to secure additional funding, in the event, the royalties from the Mineral Plant are reduced or eliminated • a Policy and Procedures Manual would help the Administrative staff do their jobs more effectively • School Board meetings, including special sessions, need to be accessible to all members of the community in virtual form, in order to increase transparency and accessibility • Superintendent and School Board members need to observe in the classroom on a regular basis • proper credentialing, including teachers instructing in their credentialed fields of expertise, to ensure better learning • institute a written formal complaint process whereby teachers, students, parents and community members can voice concerns and ask questions (online also) and receive prompt answers from the Superintendent and the School Board • a system needs to be developed to solicit input from the community, teachers, parents and students regarding all proposed major projects If the School Board and the Administration of TJUSD want to gain trust in the eyes of the teachers and the community, consideration needs to be given to the Recommendations below.

COMMENDATIONS
The Grand Jury commends the community of Trona for answering requests for interviews, documents and observations promptly.

The School Board, Administration, teachers and residents are also commended for their obvious passion towards Trona, the school district and its students. The passion shines through, and willingness to change may help the entire area and School District through these trying times.

CONCLUSION
In conclusion, the 2023 San Bernardino County Civil Grand Jury found issues of serious concern while investigating the Trona Joint Unified School District and its School Board. Evidence shows there is much distrust in the entire School District, among the Superintendent’s office, the School Board, school employees and the community it is meant to serve.

It should be noted: as of September 5, 2023, evidence revealed the communication between the community/school district staff and the Administration/School Board is beginning to improve. There were many new staff hired. These newly hired staff seem happy and motivated to communicate openly with the Administration. Trust is beginning to be restored. The Administration is again visiting classrooms.

To continue open communication and restore trust, the Grand Jury presents the following findings and recommendations:

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FINDINGS RECOMMENDATIONS IMPLEMENTATION

DATE RESPONSES

F-1: There is no
complete and
comprehensive
written Policy
and Procedures
Manual for
administrative
positions,
causing
administrative
employees to
not fully
understand their
assigned duties.

R-1: Create and implement
a District written Policy and
Procedures Manual for
administrative positions in
the cabinet, i.e.: Business
Manager; Maintenance
Director; Human
Resources; Payroll,
updated yearly.

September 30, 2024.

Required:

Trona Joint Unified
School Board

Invited:

San Bernardino
County Board of
Education

F-2: There is a
lack of
transparency
within the district
regarding
special
meetings and
agendas.

R-2: Establish monthly
communication between
teachers, staff, School
Board, and administrators:
for example, an accessible
newsletter; posted online
for the parents and
community as well.

June 1, 2024
Required:

Trona Joint Unified
School Board

Invited:

San Bernardino
County Board of
Education

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FINDINGS RECOMMENDATIONS IMPLEMENTATION

DATE RESPONSES

F-3: TJUSD
lacks a
nepotism policy,
which causes
the potential for
appearance of
favoritism.

R-3: Write a procedure to
address nepotism in the
district in compliance with
the California Code of
Regulations Title 2, Section

86. Enforce and update
the procedure annually
with signed
acknowledgement that the
School
Board/administration/staff/
teachers have read and
understand the policy.

R-3a: Keep records that
show School
Board/administration/staff/
teachers have read and
understand the policy.

July 1, 2024

Required:

Trona Joint Unified
School Board

Invited:

San Bernardino
County Board of
Education

F-4: The School
Board members,
school
Superintendent,
teaching staff
and teachers’
association
have differing
opinions. These
have not been
addressed
openly or
managed in a
transparent way,
which is
contributing to a
lack of unity
within the school
district.

R-4: Institute monthly
meetings between
Superintendent/Board
members, teachers’
association and
parents/community
members (virtual also).

June 1, 2024

Required:

Trona Joint Unified
School Board

Invited:

San Bernardino
County Board of
Education
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FINDINGS RECOMMENDATIONS IMPLEMENTATION

DATE RESPONSES

F-5: No virtually
accessible
board meetings

R-5: Re-establish a virtual
option for School Board
meetings.

June 1, 2024.

Required:

Trona Joint Unified
School Board

Invited:

San Bernardino
County Board of
Education

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FINDINGS RECOMMENDATIONS IMPLEMENTATION

DATE RESPONSES

F-6:

Administrative
staff hiring and
retention
problems have
resulted in some
employees
stretched far
beyond their
knowledge and
capability.

Some
Administrative
employees’
needs are not
being met.

Stretching an
employee to
perform both
their duties and
additional
responsibilities
not within their
job description
causes
employees to
have additional
stress.

F-6a: Staff are
not always
provided
adequate
training for their
primary job
before receiving
additional tasks.

R-6: Job description is to
be revised for each
position, listing required
education and skill sets. If
someone is hired who
does not have all
qualifications for the job,
once on-the-job training
has been completed,
outside training will be
considered to improve
applicant’s skills in areas
where required.

R-6a: No additional duties
as assigned is to be
performed by hires until
they are fully trained and
adequately performing the
job to which they were
hired.

R-6b: Training manuals
are to be developed by
employees currently
holding all staff/ non-
educational positions
within the School District.

June 1, 2024

Required:

Trona Joint Unified
School Board

Invited:

San Bernardino
County Board of
Education
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FINDINGS RECOMMENDATIONS IMPLEMENTATION

DATE RESPONSES

F-7: Lack of in-
person visits of
classrooms by
Board Members
and the
Superintendent
means that the
students and
teachers do not
have enough
oversight and
communication
with the
Superintendent
and Board
Members.

R-7: Frequent and
documented principal or
assistant principal visits to
every classroom.

R-7a: Frequent and
documented
Superintendent/School
Board member visits to
every classroom.

April 30, 2024.

Required:

Trona Joint Unified
School Board

Invited:

San Bernardino
County Board of
Education

F-8: Poor
communication
results in the
appearance of
lack of
transparency
and creates
mistrust and
misunderstandin
g among the
School Board,
the teachers
and the
community.

R-8: Implement a
systematic method of
communication, for
example, a monthly grade-
level newsletter, for the
community, students,
parents and the School
Board and Superintendent.

The communication is to
be available in hard copy
and online.

R-8a: Regular meetings
between
Superintendent/Board
members and
parents/community
members (virtual also).

June 1, 2024.

Required:

Trona Joint Unified
School Board

Invited:

San Bernardino
County Board of
Education
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FINDINGS RECOMMENDATIONS IMPLEMENTATION

DATE RESPONSES

F-9: There is a
lack of planning,
(having “Plan
B”), in case
royalties from
mining company
are discontinued
or greatly
reduced.

R-9: Develop a community,
teacher, Superintendent
and Board strategic plan
addressing the possibility
of the mining company
royalties stopping or being
significantly reduced
(explore a “Plan B”: how to
fund the school district
without the extra monies).

Place in writing and on the
website, and update
annually.

July 1, 2024

Required:

Trona Joint Unified
School Board

Invited:

San Bernardino
County Board of
Education

F-10: The
District had little
feedback from
the community
regarding the
building of the
new high
school.

F10a: The
current system
in place does
not solicit the
public for input
from the
community as it
pertains to
relevant issues
of importance
within the
School District.

R-10: In the future, the
School Board to ensure
that every high-level,
relevant and important
decision impacting Trona
and its School District be
openly and transparently
discussed and input
solicited by all impacted
parties before a major
change is made.

April 30, 2024

Required:

Trona Joint Unified
School Board

Invited:

San Bernardino
County Board of
Education
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FINDINGS RECOMMENDATIONS IMPLEMENTATION

DATE RESPONSES

F-11: There is
no formal written
complaint and
response
procedure
whereby
teachers, staff,
students and
community
members can
voice their
concerns and be
answered
quickly and
effectively.

R-11: Implement a written
complaint and response
procedure. Response to
be provided within two
weeks from the School
Board/Superintendent.

April 30, 2024.

Required:

Trona Joint Unified
School Board

Invited:

San Bernardino
County Board of
Education

F-12: School
Site Council
meetings are
poorly planned,
poorly attended
and are not
scheduled
regularly.

R-12: Create and
implement a system to let
parents, students, teachers
and administrators know
the date of every School
Site Council meeting with
meetings regularly
scheduled for the same
time every month.

April 30, 2024

Required:

Trona Joint Unified
School Board

Invited:

San Bernardino
County Board of
Education

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GLOSSARY
The following Glossary was created by the Civil Grand Jury to provide context and clarification for some terms used in this report.

1. California Assessment of Student Performance and Progress (CAASPP): The California Assessment of Student Performance and Progress (CAASPP) System was established on January 1, 2014. The CAASPP System replaced the Standardized Testing and Reporting (STAR) Program, which became inoperative on July 1, 2013.

2. Impasse: a situation in which no progress is possible.

3. Liquefaction: conversion of soil into a fluidlike mass during an earthquake or other seismic event.

4. Searles Valley Minerals, Inc.: Searles Valley Minerals Inc. processes brine solutions. The Company offers products such as borax, boric acid, soda ash, and sodium sulfate. Searles Valley Minerals, Inc. operates in Trona, CA.

5. Nepotism: when an employer uses its influence or power to hire, transfer, or promote an applicant or employee because of a personal relationship, without regard to the qualifications/skills of the applicant.

6. Cal Office of Emergency Services (Cal OES): this is an agency of the state government that supervises civil defense, disaster planning and emergency medical services.

7. Royalties: Royalties are a legally binding payment made to an individual or company for the ongoing use of their assets, including copyrighted works, franchises, and natural resources.

8. School Site Council (SSC): The School Site Council is intended to be a decision-making body that represents all stakeholders of the school community. The school principal, teachers, other school personnel, parents, and students (secondary level) make up this group. Their primary responsibility is to identify common goals and assist the leadership team in establishing a plan to achieve the goals. The key to a successful SSC depends upon a good working relationship among all members of the 129San Bernardino County Grand Jury Final Report
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Council. Each member of the Council shares their unique perspective and knowledge of the school’s needs, as they affect all students, during SSC meetings.

9. Single Plan for Student Achievement (SPSA): a document that represents a school’s cycle of continuous improvement of student achievement.

10. Special District: Public agencies/limited purpose local government created to provide one or more specific services to a community, such as water service, sewer service, parks, fire protection and others.

REFERENCES
August 21, Cal OES provided the following link:
https://www.oesnews.com/where-to-go-for-california-earthquake- assistance/.

August 26, The SBA announced it would close the Trona Disaster Loan Outreach Center on August 29. For more information contact:
https://www.sba.gov/offices/disaster/dfocw/resources/1647366 .

School Board Accountability Report Card (SARC) www.sia.us.com and DataQuest (CA Dept of Education)
California Assessment of Student Performance and Progress (CAASPP) https://www.cde.ca.gov/ta/tg/ca/
California Department of Education-Cohort Graduation Statistics https://www.cde.ca.gov/ds/ad/acgrinfo.asp
Definition of Soda Ash/Potash https://trona_ca.com_
State Funding EdData - District Profile - Trona Joint Unified (ed-data.org) Cal OES GOVERNOR’S OFFICE OF EMERGENCY SERVICES:
https://www.CalOES.ca.gov .
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RESTORE THE PUBLIC TRUST

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The Yucaipa City Council has lost the trust of many citizens. The purpose of this report is to shine a light on the actions of members of the Yucaipa City Council that have agitated and divided this once sleepy town and to make findings and recommendations to the Yucaipa City Council to help regain the trust of the citizens of Yucaipa.

SUMMARY
Yucaipa is a small but vibrant community nestled in a valley of the San Bernardino mountains, about 70 miles east of Los Angeles. It incorporated in 1989 and formed a City Manager – City Council type of government. For more than 30 years it flourished and grew in harmony. Then, following the 2022 elections, a new City Council took office, and through its non- transparent method of replacing the long-time city manager came resident disdain, resentment, and anger, to replace the pride, civility, and harmony that the city relished.

Can the Yucaipa City Council restore that trust? The City itself shows the way in its Yucaipa Code of Conduct:
“IT ALL COMES DOWN TO RESPECT
• Respect for one another as individuals
• Respect for the validity of different opinions
• Respect for the democratic process
• Respect for the community that we serve”
*(From the Yucaipa Code of Conduct for City Council, page 16- see references, from the Yucaipa City Website, https://yucaipa.org)

The 2023 San Bernardino County Civil Grand Jury (GJ, CGJ, Grand Jury, Civil Grand Jury) has some suggestions as well:
• Form a watchdog committee to provide oversight of the City Council; to report to the public on the operations of city government; to ensure compliance with general ethics principles and with campaign finance, contracting, lobbying, conflicts of interest, and other laws and regulations; and with government transparency guidelines. 133San Bernardino County Grand Jury Final Report
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• Implement a formal written and on-line complaint process whereby citizens may ask questions or voice concerns about the actions of the City Council.
• Develop an effective training policy in all city government transparency policies, as well as in the state statutes and regulations related to city government, such as the Brown Act, the Fair Political Practices Commission regulations about conflicts of interest, and the Yucaipa Code of Conduct.
• Update the Yucaipa Code of Conduct for City Council (current copy is 2019).
• Implement transparent procedures that give time for council members and the community to provide input before the council solicits applications and appoints high-level city employees.
• Implement a Procedural Audit to take place every other year

The City Council’s efforts to rezone the North Bench district created an uproar among Yucaipa citizens and spawned raucous City Council meetings.

A Citizen’s Group, [named] the Coalition to Save Yucaipa, filed a recall notice seeking to remove three City Council members, one of them the mayor. The City Clerks’ office immediately filed a lawsuit to halt the recall, naming as defendants each citizen who signed the petition. Recall law requires that each petitioner must include his/her address. Subsequently, anonymous letters were sent to each signer, informing them that their information would be published in the local newspaper. The lawsuit filed by the Office of the City Clerk, and the anonymous letters, intimidated many Yucaipa residents, especially those who had their names on the petition, and therefore on the lawsuit.

Many Yucaipa citizens are incensed. They do not believe the City Council demonstrated adequate concern for their objections to the possible rezoning of the North Bench and to the approval of the Serrano Estates Project; they did believe that the Council acted with a lack of transparency when it replaced the former city manager and city attorney, with pre-selected people, without much notice to or input from the community. The anonymous letters sent only to the recall petition signers did not help the public perception of the City Council.
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The following recommendations may guide the way towards a new start for the City of Yucaipa and its City Council. These measures will go a long way towards rebuilding community support, building a more effective City Council and restoring the lost public trust.

BACKGROUND
Yucaipa is nestled beneath the San Bernardino Peak of the San Gorgonio Mountains. It is known as Yucaipa’t in the language of the Serrano Native American tribe that formerly occupied this land. It has a population of 54,542 according to the 2020 census. In the 2010 census, Yucaipa’s population was determined to be 51,367.

Yucaipa has a council-manager form of government. Under this arrangement the residents elect the City Council and the City Council then appoints the City Manager. In this form of government, the City Manager is responsible for carrying out the administrative policies of the City Council and serves at the pleasure of the Council. The City Council can terminate the City Manager’s employment by a majority vote. (see Glossary).

Timeline
• On August 17, 2022, the Planning Commission voted 4 to 2 against approval of the Serrano Estates Project. (see Glossary) Immediately thereafter, the applicant appealed the decision to the City Council.

• On September 12, 2022, the former City Council voted to deny the applicant’s appeal.

• On January 9, 2023, the new City Council was installed.

• On January 9, 2023, two months after the election of the three new (City Council) members, the City Council called a special session.

Although the agenda had brought attention to the fact that this meeting would be used to discuss personnel issues, the public knew no 135San Bernardino County Grand Jury Final Report
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particulars. While these actions were permissible, they lacked transparency. During this meeting, (although the present and soon-to- be former city manager's contract was renewed in October 2022, by a 5 to 0 vote) the City Manager resigned. The council immediately appointed a new City Manager to replace him. The newly elected City Council then promptly removed the current City Attorney and installed a new one.

When the full meeting continued, constituents were informed of the new appointees. Public outcry ensued. Residents complained they had no input into the changes. The lack of transparency was evident. The selected appointees waited outside in the parking lot, knowing that they would be installed.
• On March 15, 2023, the Serrano Estates Project applicant made changes to the plan in accordance with suggestions made by the new City Council, and the council approved it despite the objections of many citizens.

• The Grand Jury found that some residents viewed the appointment of the City Council’s choice for City Manager and City Attorney as a move to assure that the Council could approve the Serrano Estates Project.

• In March 2023, opposition in the community continued to grow after the Yucaipa City Council approved the project. Opponents expressed their concerns at the City Council meetings and in the local paper.

According to meeting minutes and media reports, opposition to the project grew with each City Council meeting.

At one of the heated City Council meetings where the council discussed the Serrano Estates Project, a Council Member responded to citizens voicing their concerns by saying, “Blah, blah, blah.”
In fairness, the Civil Grand Jury has evidence that many citizens were rude in their addresses to the council. Some members of the public were disruptive; some violated the rules of the meeting; others were name-calling during their speaking time.
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Regarding the public complaints that the Yucaipa City Council has navigated this project opaquely and with little consideration for some of the objections of the public, the San Bernardino County Civil Grand Jury found:
• City Council members have prior and current personal and business relationships with entitlement and/or development companies that want to redevelop the North Bench area.

• The GJ discovered there was a prior business relationship with a member of the Planning Commission and the City Council. The businesses were real estate sales and development.

The procedure complied with the law regarding consideration or approval of the Serrano Estates Project. However, the rule of law is only half of the City Council’s mandate for governing. The voice of the people is the other and perhaps paramount.

The 2023 San Bernardino County Civil Grand Jury was prompted to investigate the Yucaipa City Council from complaints filed by residents of Yucaipa. The original complaint was that there was a violation of the Brown Act (see Glossary). The Grand Jury found no violation. However, there appears to be a violation of the public’s trust.

The Grand Jury found that:
• Some in the Yucaipa City Council paid scant attention to those opposed to the Serrano Estates Project

• Some members of the Yucaipa City Council ignored public outcry, the lack of transparency and public input in the removal of the former City Manager and City Attorney

• Some members of the Yucaipa City Council ignored the historic tradition of slow development

• Many citizens in the community questioned the possibility of financial gain among the voting City Council without recusal

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• Some voting constituents were so angry that they initiated a recall of three serving members of the City Council, including the mayor

• The Office of the City Clerk filed a lawsuit, which is a permissible action, against the residents who had signed the recall petition

• The petitioners received anonymous letters

• Lawsuits and counter lawsuits between the recall group and the City of Yucaipa have been initiated

Reason for Investigation
The 2023 San Bernardino County Civil Grand Jury received multiple complaints citing misbehavior on the part of the Yucaipa City Council.

Complaints alleged concerns of conflict of interest, Brown Act violations, ethics violations, the unexplained terminations/resignations of executive level staff and the lack of transparency in hiring new executive level staff.

The number of complaints received and the ongoing discord between citizens and the City Council compelled the Grand Jury to move forward with this investigation.

METHODOLOGY
Materials Reviewed
• Agendas, minutes and videos of Yucaipa City Council Meetings 2022- 23 • Applicable California codes and regulations
• Yucaipa Municipal Codes
• Executive Staff Employment Contracts
• Executive Staff Separation Agreements
• Fair Policial Practices Commission Filings
• California Attorney General’s Office website
• City of Yucaipa website
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• California Fair Policial Practices Commission website • Yucaipa/Calimesa News Mirror Newspaper: articles and letters to the Editor
Interviews Conducted
The Grand Jury conducted numerous interviews in person which included:
• Current City Council Members
• Current City Staff
• Complainants
• Yucaipa citizens
Site Visited
• Yucaipa City Council meeting

DISCUSSION
City Council Meeting of January 9, 2023
For many years, Yucaipa relied on its long-serving City Manager for governance and on its long-serving City Attorney for legal advice. In late 2022 the City Council unanimously renewed the City Manager’s contract.

Within a month of taking office in 2023, though, a newly elected City Council decided that the city needed a change. At a closed session it voted to accept the resignation of the City Manager despite the contract renewal just a few months earlier. The reasons for this resignation are unknown to the Grand Jury.

At the same closed session, the Council immediately replaced the City Manager with its pre-selected choice. The Council didn’t require applicant vetting; indeed, it didn’t require any applicants at all. The Council didn’t interview other qualified applicants; there were no other applicants to be considered for such an important decision.

Some City Council members believed that the applications, vetting and Interviewing took place during the previous council term, and that their only function now was to approve the choices. The evidence showed that some of the council members had not met these pre-chosen candidates until the 139San Bernardino County Grand Jury Final Report
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meeting during which the Council appointed them.

Even before the City Council vote, the soon-to-be appointed new City Manager (and City Attorney) waited in the parking lot outside the council chambers, to be called into the meeting and introduced to the Council.

These City Council actions blindsided many residents; their outrage followed, soon to be fueled by additional questionable actions.

New Projects Proposed
One project, rejected by the prior City Council only three months earlier, was revived by the new Council: the Serrano Estates Project. (see Glossary) For years local residents opposed the Serrano Estates Project, and the prior City Council and planning commission rejected it. But the new Council nevertheless voted to approve the project.

For years North Bench residents enjoyed the serenity of its rural setting. It was zoned RL-1, one home on each one-acre lot. The new City Council proposed rezoning the North Bench to allow “cluster housing,” more housing on less land (up to four homes on each one-acre lot and multi-resident units such as condos and apartments). Many residents believe that the approval of the Serrano Estates Project provided a gateway to the rezoning of the North Bench later because the Serrano Estates Project is immediately adjacent to the North Bench area.

Many North Bench residents and some other district residents opposed the change. The proposal, the residents asserted, would deprive Yucaipa of a rural residential and open- space region and instead would create a congested sprawl with insufficient infrastructure. Anger swelled, then ballooned when residents learned that a Council Member was a real estate agent, had a property listed in the North Bench district and possibly stood to reap a substantial financial gain upon Council approval of this proposal and subsequent sale of the listing. Despite the apparent financial conflict of interest and lack of transparency, no Council Member deemed it prudent to recuse himself.
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Angered and frustrated once again, citizens responded. Dozens spoke at City Council meetings. The public opposed the Council’s actions, but they were more upset by the process that the Council used to attain the results.

During City Council meetings devoted to the Serrano Estates project and the North Bench rezoning, residents were in an uproar and the council meetings were raucous. Where usually a dozen or so residents showed up for these meetings, attendance was estimated to be over 100. Speaking time at one meeting, normally three minutes per speaker, was reduced to two minutes, and still the time was insufficient, as many more wanted to be heard.

The Council prudently postponed the vote on the North Bench rezoning; it still hasn’t scheduled a vote. The Council, though, voted to approve the Serrano Estates project.

City Council Conduct
How did the City Council react to the public outcry?
Not with the courtesy and decorum urged by the City in its Rules of Procedure for Council Meetings. (Resolution 2023-07):

It is up to the Council “to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation.” (from Yucaipa’s code above) The Resolution concludes with Special Notes about Public Input:

The rules state (with particular emphasis for the Mayor):

“It is wise to remember three special rules that apply to each agenda item:

Rule One: Tell the public what the body will be doing.

Rule Two: Keep the public informed while the body is doing it.

Rule Three: When the body has acted, tell the public what the body did.”
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The Council did not follow its own city code.

When residents spoke at public meetings, a member of the Council responded: “All I hear is blah, blah, blah.”
When residents complained about Council conduct, a member replied: “I can’t hear you.”
Although not spoken by all City Council members, the residents perceived these comments to be the voice of the Council.

Recall Petition and Lawsuit
With this sort of reception, what followed seemed inevitable: residents filed petitions to recall three City Council Members; other residents filed a lawsuit in Superior Court to stop the development of the Serrano Estates project; still others filed complaints with the Grand Jury, requesting that it do something, anything, to restore transparent government; many inundated the local newspaper with letters to the editor protesting the Council’s actions. The City filed an answer to a Serrano Estates lawsuit. Although the City Council approved the project, the lawsuit remains pending and the project effectively has stalled.

The City of Yucaipa reacted to the recall petition. The Office of the City Clerk accepted the recall petition, as it must, but then immediately filed a petition in Superior Court, as it may, for a Writ of Mandate, requesting that the court reject the recall petitions on the grounds that they were misleading. Another hearing about the recall was scheduled in court for August 24.

At the August 24 hearing, the recall had expired, and the judge entered a Minute Order: “Court notes that there are no recall documents submitted.

Matter is deemed moot.” (from the Court Access Portal: cap.sb-court.org) On August 31, the recall petitioners’ attorney filed a motion to dismiss the Petition for Writ of Mandate filed by the Yucaipa City Clerk’s Office. The judge set a hearing on that petition for October 12. As of the writing of this 142 San Bernardino County Grand Jury Final Report
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report, the Office of the City Clerk had not agreed to dismiss the Petition for Writ of Mandate, despite the fact that the judge deemed the matter moot.

Nevertheless, the Office of the Yucaipa City Clerk, with retained counsel, decided to move forward with the lawsuit. If the City Clerk’s office continues on this path, Yucaipa likely will spend thousands of dollars in attorney fees and the defendants, residents who had signed the recall petitions, may spend thousands more on their own attorney fees. These actions may further erode the public trust and the Yucaipa City Council itself must share some of the blame.

Lack of Adequate Additional Training
Some Council Members do not have the knowledge necessary for effective governance. While the City Council makes available various training opportunities, it fails to ensure that Council Members avail themselves of those opportunities and fails to follow up to ensure that the members assimilate and retain that information. The Council Members may receive the Codes, Procedures, and Policies in written form which they sometimes do not read. At times the Council Members train on-line, which uses lecture format. The training is not done in person (with the exception of an option for taking the Brown Act Training). While on-line training is permissible, the Grand Jury recognizes that this is not the best practice for long term retention. Additional training is needed to supplement the required on-line training provided currently, since evidence shows this training needs to be interactive and in person to help improve long term retention.

This lack of effective training has led to a lack of understanding by City Council Members of their responsibilities to Yucaipa citizens, which led to the appearance of lack of transparency in the process of city government, which led ultimately to citizen distrust of city officials.

Code of Conduct
How does the City Council overcome that resident disdain; how does it regain the public trust?
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The city government itself points the way, in its Code of Conduct for City Council; it devotes an entire section to Principles of Proper Conduct:

Proper Conduct Is (among 13 principles):
• Showing empathy
• Holding onto ethical principles under stress
• Listening attentively
• Keeping integrity intact

Proper Conduct Is Not:
• Showing antagonism or hostility
• Deliberately lying or misleading
• Speaking recklessly
• Spreading rumors
• Stirring up bad feelings, divisiveness
• Acting in a self-righteous manner

The Yucaipa Code of Conduct concludes:

“It All Comes Down to Respect”
It all comes down to respect - for the individuals, for the opinions of others, for the democratic process, for the community.

This Code of Conduct should be required reading, certainly for the Council members, and perhaps by the public. It would benefit the City Council to read it aloud annually at an early council meeting by the council members themselves, reinforcing the council’s commitment to the respect that the public is due and its commitment to transparent government.

The City Council members can help themselves restore the public trust by asking the questions as stated in the Yucaipa Code of Conduct:
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• Will my decision/statement/action violate the trust, rights or good will of others?
• What are my interior motives and the spirit behind my actions? • If I have to justify my conduct in public tomorrow, will I do so with pride or shame?
• How would my conduct be evaluated by people whose integrity and character I respect?
• Even if my conduct is not illegal or unethical, is it done at someone else’s painful expense?
• Will it destroy their trust in me?
• Will it harm their reputation?
• Is my conduct fair? Just? Morally right?
• If I were on the receiving end of my conduct, would I approve and agree, or would I take offense?
• Does my conduct give others reason to trust or distrust me? • Am I willing to take an ethical stand when it is called for? • Am I willing to make my ethical beliefs public in a way that makes it clear what I stand for?
• Do I exhibit the same conduct in my private life as I do in my public life?
• Can I take legitimate pride in the way I conduct myself and the example I set?
• Do I listen to and understand the views of others?
• Do I question and confront different points of view in a constructive manner?
• Do I work to resolve differences and come to mutual agreement? • Do I support others and show respect for their ideas? • Will my conduct cause public embarrassment to someone else? If the present City Council had considered these precepts before it acted on replacing the City Manager and City Attorney and voting on the Serrano Estates project, would it have received the same reactions from the public? The resulting votes and appointments may have been the same. However, if the process had been a transparent one, the reactions of the public may have been different. At the very least, the citizens would have had an opportunity to offer feedback.
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The Future of Yucaipa
Yucaipa already has the physical attributes that make it a vibrant community:
location, at the foot of the San Bernardino Mountains; amenities, such as parks and recreational activities, an arts pavilion and cultural activities; shopping plazas; schools; accessible public services such as a library and a community center.

What it lacks now is the support and trust of its residents, initiated by the actions of its new City Council.

Since the new council term began in 2023, the Yucaipa City Council has developed a reputation among many residents of ignoring the concerns of the public and of fostering an atmosphere of mistrust, disdain, anger, resentment, lack of transparency and appearances of conflicts of interest.

Regaining the residents’ trust is paramount, and it can be done. • A first step could be for Council members to consider why they sought office in the first place: not as a quest for profit, influence, fame or power, but instead as a desire to promote the welfare of their community’s residents
• A second step could be for Council members to consider the principles and precepts formulated in the city’s Code of Conduct, and in the state laws and regulations relating to city governance
• A third step could be for the council to establish an outreach program, encouraging council members to meet informally with their constituents to discuss any matter that seems significant to them, and which relate to the city and its government
• A fourth step could be for the city to establish a watchdog commission to oversee the city’s elected officials. The evidence shows that such a commission would be beneficial: it would reduce resident distrust and would create a local guide for council actions
Other steps can be found in the Grand Jury’s findings and proposed recommendations for the City Council.

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CONCLUSION
The Civil Grand Jury commends the Yucaipa City Council members for cooperating with the investigation. The Grand Jury applauds the attempts of some City Council members to make things right with the community.

The Grand Jury has several conclusions:
• The Yucaipa City Council members need additional training in government and principles of transparency practices
• The City Council and the entire community of Yucaipa would benefit from a more transparent City government. Transparency methods need to be established.
• The City of Yucaipa would benefit from an independent watchdog committee to oversee the City Council
• A new formal complaint process would go a long way to help establish communication with the public, since the citizens will have an easy method of providing feedback
• A Procedural Audit done by an independent agency annually and reported on the website and at a City Council meeting will help restore trust. (see Glossary)
If the Yucaipa City Council truly wants the trust of its citizens restored, the Council must work hard to regain it. Ultimately, it will be up to the residents of Yucaipa, through voting, to decide who best represents them in a transparent and open way.

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FINDINGS RECOMMENDATIONS IMPLEMENTATION
DATE

REQUIRED

RESPONSE
F-1: Yucaipa City Council
members begin and continue
their terms of service with little
understanding of Yucaipa’s
Conflict of Interest Code,
Yucaipa’s Code of Conduct,
and best practices of city
government as well as the
California State statutes and
regulations related to the open
and transparent operation of
city government.

R-1a: The Civil Grand Jury
recommends the City of
Yucaipa is to provide
comprehensive in-person
training for each City Council
Member covering all aspects
of the Yucaipa Conflict of
Interest Code and the Yucaipa
Code of Conduct Policy. This
training to be completed
completely in person with
council member interaction.

R-1b: This training is to be in
addition to, and to supplement
already required governmental
training which currently can be
completed online.

R-1c: The City Council
members to complete this
training within one year of
formally being installed as City
Council members.

R-1d: After the initial training,
the City of Yucaipa to require
in-person interactive training
once in each subsequent two-
year period.

R-1e: The City of Yucaipa to
document this training by
recording the name of the
Member attending, the name
of the trainer, the date of the
training and the topics covered
by the training.

R-1f: The training to involve
not only lecture or on-line
format but to include
interactive real-life examples
and situations with active
October 1, 2024
(R-1, a-f)
Yucaipa City
Council
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FINDINGS RECOMMENDATIONS IMPLEMENTATION
DATE

REQUIRED

RESPONSE
participation by the council
members.

F-2: The Yucaipa City Council
does not ensure that the
Council Policies are current
and updated every two years.

R-2: The Grand Jury
recommends that the Yucaipa
City Council display on the city
website the following:

* Code of Conduct Policy,
updated every two years
(current revision is 2019).

* Conflict of Interest Policy;
updated and linked to the
State Guidelines.

August 1, 2024 Yucaipa City
Council
F-3: Yucaipa City Council
currently has no watchdog
commission to oversee the
compliance with the Code of
Conduct and Conflict of
Interest Policies. The
oversight group is needed for
documenting that the City
Council follow the above
policies, as well as best
practices for transparent
government.

R-3: The Grand Jury
recommends the City of
Yucaipa is to set up an
independent watchdog
commission to oversee the
Yucaipa City Council
operations.

August 1,2024 Yucaipa City
Council
F-4: Yucaipa City Council’s
failure to publicly announce
openings for City Manager
and City Attorney, as well as
other controversial
votes/decisions has created in
the public an appearance of
lack of transparency.

R-4: The Grand Jury
recommends that the Yucaipa
City Council publicly give
notice of future executive level
openings and votes/issues.

Allow sufficient time for
community input before
appointing executive positions
and voting on impactful issues.

April 1, 2024 Yucaipa City
Council
F-5: Yucaipa City Council has
an inadequate complaint
process by which the
community can offer feedback
to the City Council and receive
R-5: The Grand Jury
recommends that the Yucaipa
City Council devise a formal
written complaint procedure
(on the website also) whereby
October 1, 2024 Yucaipa City
Council
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DATE

REQUIRED

RESPONSE
prompt answers. Currently,
citizens can contact City
Council members directly,
through telephone calls, e-
mail, and speaking at public
meetings. This is inadequate
since Yucaipa City Council
members are part -time and
most have full time jobs.

Therefore, they would not
always be available for phone
calls and office visits.

the public can give feedback,
ask questions and voice
concerns, with answers
returned promptly.

F-6: Yucaipa City Council
implements no Procedural
Audit done annually by an
outside independent agency.

R-6: The Grand Jury
recommends that the Yucaipa
City Council have a Procedural
Audit every other year, by a
qualified independent third-
party agency. Results of the
Procedural Audit to be
reported every other year at
City Council meetings and
online.

August 1, 2024

Yucaipa City
Council

F-7: Yucaipa City Council
does not have annual training
in current best practices (see
Glossary) of city government
and within one month of new
Board Members being
elected, so that the new
Members are thoroughly
trained in all aspects of a
transparent city government.

R-7a: The Grand Jury
recommends that all Yucaipa
City Council Members receive
annual training in methods and
best practices of transparent
city government, in person
with council member
interaction, by a qualified entity
outside of the City. Topics
included would be recusal
guidelines, appearance of lack
of transparency, relationships
with land
development/entitlement
companies, conflict of interest
and best practices for city
government. Newly elected
Council Members to begin
training within one month of
being elected.

August 1, 2024 Yucaipa City
Council
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REQUIRED

RESPONSE

R-7b: This is in addition to the
training already required.

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GLOSSARY
The Glossary was created by the Civil Grand Jury to provide context and meaning to the following terms mentioned in the report above.

Coalition to Save Yucaipa: A united coalition of various community groups and dedicated citizens from all over the City of Yucaipa and nearby areas.

City Council: The governing body of the city.

Council-Manager form of government: The form of government that combines the political leadership of elected officials in the form of a council with the managerial experience of an appointed local government manager.

Code of Conduct Policy: A policy designed to describe the manner in which Council Members should treat one another, city staff, constituents, and others they come in contact with in representing the City.

Conflict of Interest Policy: A policy that prohibits Government employees from participating personally and substantially in official matters where they have a financial interest.

Majority: The greater number of votes cast for or against a proposal, candidate, or option.

Rezoning: The reassignment of land or property from the original parameters of use or development to another.

Recall: The removal from elective office of the incumbent by a majority vote of the constituency.

Recusal: The act of removing oneself from consideration, or vote, of any proposal that may have any benefit for the person voting.

North Bench District/Area: The area of Yucaipa generally considered to be above Bryant Ave, which is currently zoned R-1 (one residence per one acre). Historically seen as a rural area.

Serrano Estates Project: An area of development which was recently approved by the City Council. Its close proximity to the North Bench Area of Yucaipa causes it to be seen as a “Gateway” to also approving the rezoning of the North Bench Area.
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Financial Audit: An audit by an independent agency that examines and reports on the budget and other financial records. Usually done annually by cities.

Procedural Audit: A qualified professional audit of the operations of a city’s government that may include:
• Is the City Council following its own updated Policies and Procedures? • Is the City Council following its own updated Conflict of Interest Code? • Is the City Council following its own updated Code of Conduct? • Are best practices for transparent City Government being followed? • Is the City Council abiding by California State Law (Fair Political Practices Act)?
• Is the City Council acting in a way that shows transparency and open government best practices?
Best practices for City Managers: A set of principles, strategies, and ethical standards that guide the effective management of city affairs, including transparent communications, fiscal responsibility, strategic planning, staff leadership and development, collaboration with elected officials and community engagement.

Best practices for City Councils: A set of guidelines, principles and behaviors, including transparent governance, responsible decision-making, community engagement, ethical conduct and collaboration among the members and with city staff.

Fair Political Practices Commission Act: California Code of Regulations, Title 2, Division 6, Chapter 7, sections 18700 et. seq.: Sets out the basic rule and guide to conflict-of-interest regulations. (Universal Citation: 2 CA Code of Regs 18700)
Entitlement Company: A business that specializes in facilitating entitlements (rights to benefits, income or property) to eligible recipients, ensuring that the proper procedures are followed, documents are processed and benefits are delivered.

The Brown Act: (from California Government Code, signed into law July 2, 1953) “The Ralph M. Brown Act is a California law that guarantees the public’s right to attend and participate in meetings of local legislative bodies.” 153San Bernardino County Grand Jury Final Report
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It covers the definition of serial meetings, closed sessions, special meetings.

It lays out the laws a legislative body must follow in California.

REFERENCES
City of Yucaipa website: https://yucaipa.org

DISCLAIMER:

This report was issued by the San Bernardino Civil Grand Jury with the exception of one member of the jury who self-recused. This juror was excluded from all parts of the investigation beyond the initial citizen complaint review, including interviews, deliberations, and the making and acceptance of the report.

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CONDITIONS WITHIN SAN BERNARDINO COUNTY JAILS (PC § 925) AND
CONDITIONS WITHIN SAN BERNARDINO CITY JAILS (PC § 925a)

BACKGROUND
The 2023 San Bernardino County Civil Grand Jury (Grand Jury), per California Penal Code § 925, shall investigate and report on the operations, accounts, and records of the officers, departments, or functions of the county including those operations, accounts, and records of any special legislative district or other district in the county created pursuant to state law for which the officers of the county are serving in their ex officio capacity as officers of the districts.

The Grand Jury, per California Penal Code § 925a, may at any time examine the books and records of any incorporated city or joint powers agency located in the county. In addition to any other investigatory powers granted by this chapter, the grand jury may investigate and report upon the operations, accounts, and records of the officers, departments, functions, and the method or system of performing the duties of any such city or joint powers agency and make such recommendations as it may deem proper and fit.

METHODOLOGY
The Grand Jury used assessment categories from the Jail Inspection and facility tour forms provided by the California Board of State and Community and Community Corrections, as noted on the California Grand Jury Association website, www.cgja.org .

San Bernardino County Civil Grand Jurors obtained information from observations made by the Grand Jury and from jail administrative staff about the conditions of the exterior and interior of the building, including the exercise areas, playing fields, exercise equipment and general cleanliness of the facilities, windows, lighting, lockers, desks, and bedding. Safety and 155San Bernardino County Grand Jury Final Report
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Security were also observed and discussed. The Grand Jury toured the following County and City jail facilities:
•PC § 925
West Valley Detention Center
High Desert Detention Center
Central Valley Juvenile Detention Center
High Desert Juvenile Detention and Assessment Center
•PC § 925a
Ontario City Jail
Rialto City Jail

SUMMARY
The Grand Jury toured both the inside and outside of each Detention Center. Administrators gave the Grand Jury an overview of each of their facilities prior to each walk-thru. Questions were asked and answered throughout the tour. At the end of each tour, the Grand Jury met for one last time to allow for any final questions.

The 2023 San Bernardino County Civil Grand Jury would like to thank the administrative staff members and the San Bernardino County Sheriff ’s Department at each of the facilities that were visited. The Grand Jury was welcomed and received with the utmost courtesy and professionalism. 156 San Bernardino County Grand Jury Final Report
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