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HomeMy WebLinkAboutAugust 20, 2025 MCC Agenda PacketMayor and City Council of the City of San Bernardino Page 1 CITY OF SAN BERNARDINO AGENDA FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, AUGUST 20, 2025 4:00 PM ­ CLOSED SESSION 5:00 PM ­ OPEN SESSION NORMAN F. FELDHEYM CENTRAL LIBRARY • 555 WEST 6 STREET • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran Dr. Treasure Ortiz COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7 MAYOR Sandra Ibarra Eric Levitt COUNCIL MEMBER, WARD 2 CITY MANAGER Juan Figueroa Sonia Carvalho MAYOR PRO TEM, WARD 3 CITY ATTORNEY Fred Shorett Telicia Lopez COUNCIL MEMBER, WARD 4 ACTING CITY CLERK Kim Knaus COUNCIL MEMBER, WARD 5 Mario Flores COUNCIL MEMBER, WARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT OPTIONS, OR CLICK ON THE FOLLOWING LINK: TINYURL.COM/MCCPUBLICCOMMENTS PLEASE CONTACT THE CITY CLERK'S OFFICE (909) 998­2680 TWO WORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FOR REASONABLE ACCOMMODATIONS To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup. Mayor and City Council of the City of San Bernardino Page 2 CALL TO ORDER Attendee Name Council Member, Ward 1 Theodore Sanchez Council Member, Ward 2 Sandra Ibarra Mayor Pro Tem, Ward 3 Juan Figueroa Council Member, Ward 4 Fred Shorett Council Member, Ward 5 Kim Knaus Council Member, Ward 6 Mario Flores Council Member, Ward 7 Dr. Treasure Ortiz Mayor Helen Tran City Manager Eric Levitt City Attorney Sonia Carvalho Acting City Clerk Telicia Lopez 4:00 P.M. CLOSED SESSION PUBLIC COMMENT CLOSED SESSION A)CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)): 3 Cases. 5:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PRESENTATIONS 1.Proclamation for Overdose Awareness Day in the City of San Bernardino – p.13 August 31, 2025 (All Wards) p.14 B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation (Pursuant to Government Code Section 54956.9(d)(4)): 1 Case Mayor and City Council of the City of San Bernardino Page 3 PUBLIC HEARING 2.Introduce for First Reading Ordinance No. MC­1653 Enacting a Code of Ordinances Revising, Amending, Restating, Codifying and Compiling the San Bernardino Municipal Code p.16 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California, Introduce, read by title only and waive further reading of Ordinance No. MC­1653, Enacting a Code of Ordinances Revising, Amending, Restating, Codifying and Compiling Certain Existing General Ordinances of the City of San Bernardino. 3.Adopt Resolution Denying or Approving Appeal 24­06 of Planning Commission's Approval of Resolution 2024­034­PC t hat Restored the Conditions of Approval for Administrative Development Permit 22­020 (Ward 3) p. 1508 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Adopt Resolution No. 2025­352 of the Mayor and City Council of the City ofSan Bernardino, California denying Appeal 24­06, thereby affirming thePlanning Commission’s approval of Appeal 24­05, which re­instated thedeleted conditions of approval 20 (twenty) through 26 (twenty­six) which wereredacted through the Community Development and Housing Departmentsapproval of Amendment to Conditions of Approval 23­01 originally drafted forAdministrative Development Permit 22­020; for the property located at 379 E.Industrial Road on 0.83 acres (APN: 0141­581­03) within the Industrial Light (IL)zone, Ward 3 (Attachment 1). OR 2.Adopt Resolution No. 2025­353 of the Mayor and City Council of the City ofSan Bernardino, California approving Appeal 24­06 of Appeal 24­05 therebyoverturning the Planning Commission’s approval of Appeal 24­05, which re­ instated the deleted conditions of approval 20 (twenty) through 26 (twenty­six)that were redacted within the Community Development and HousingDepartments approval of Amendment to Conditions of Approval 23­01 forAdministrative Development Permit 22­020; for the property located at 379 E.Industrial Road on 0.83 acres (APN: 0141­581­03) within the Industrial Light (IL)zone, Ward 3 (Attachment 3). CITY MANAGER UPDATE PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Mayor and City Council of the City of San Bernardino Page 4 CONSENT CALENDAR 4.Regional Partnership – Adopt Resolution allocating $1,090,000 Annually f or Expenses Related to the Regional Partnership Agreements (All Wards) p.1975 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025­354 authorizing the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget by $1,090,000 in revenues and expenditures to cover the cost of services and supplies needed as a result of the Regional Partnership Agreements for A nimal Services. 5.Approval of Various Mayor and City Council Meeting Minutes p.1981 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates: 1.June 21, 2023 Regular Meeting Draft Minutes 2.October 11, 2023 Special Meeting Draft Minutes 3.June 26, 2024 Special Meeting Draft Minutes 4.March 19, 2025 Regular Meeting Draft Minutes 5.April 29, 2025 Special Meeting Draft Minutes 6.May 21, 2025 Regular Meeting Draft Minutes 6.Adopt Resolution Imposing Liens on Certain Real Property to Recover Costs for Code Enforcement Abatements (All Wards) p.2036 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025­355, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance abatements. 7.Approve Amendment No. 1 to the Lease Agreement with Casa Ramona, Inc., Regarding 1543 W. 8th Street, for a Satellite Animal Shelter – Annual Lease Amount $130,000 (Ward 1) p.2075 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025­356: 1.Authorizing the City Manager to execute Amendment No. 1 to the Lease Agreement with Casa Ramona, Inc. for the property located at 1543 W.8th Street,San Bernardino,California,to serve as a Satellite AnimalShelter for pet adoptions on behalf of the City of San Bernardino, extending the lease term for five years through September 30, 2030, with a month­to­month conversion at the end of the term; and 2.Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Animal Services Budget in the amount of $130,000, appropriated for expenses. Mayor and City Council of the City of San Bernardino Page 5 8.Review of Administrative Budget Transfers From April 1, 2025, Through June 30, 2025 (All Wards) p.2098 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file all listed administrative budget transfers from April 1, 2025, through June 30, 2025. 9.Investment Portfolio Report for June 2025 (All Wards) p.2107 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the Monthly Investment Portfolio Report for June 2025. 10.Approve Professional Services Agreements for Video Production and Pos t­ Production in an amount not to exceed $366,060 (All Wards) p.2140 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Approve the award of contracts to the four selected Vendor’s under RFQ F­ 25­4036; and 2.Authorize the City Manager to execute Professional Services Agreements with VideoFP in an amount not to exceed $88,100; with Alejandro Villanueva in an amount not to exceed $88,960; with Joseph Fernandez in an amount not to exceed $99,000; and with Fire Starter S tudios in an amount not to exceed $90,000 over a two­year period; and 3.Authorize Director of Finance and Management Services to issue all related purchase orders not to exceed $366,060 for a two­year term. 11.Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for June 2025 (All Wards) p.2294 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial, payroll disbursements and purchasing card transactions for June 2025. 12.Acceptance and Approval of a Contract Amendment for FY2025/2026 for the Older Californians Nutrition Program Grant and Approval of the Sysco, Hollandia and Consulting Nutrition Purchase Order (All Wards) p.2396 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025­358: 1.Authorizing the City Manager to approve an amendment to extend the Contract 22­666 for FY2025/2026 of the Older Californians Nutrition Program grant through the Department of Aging and Adult Services – Public Guardian (DAAS­PG); and 2.Authorizing the City Manager to accept the 2025/2026 Congregate Meal Program Grant Budget in the amount of $342,000; and 3.Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant budget awards; and Mayor and City Council of the City of San Bernardino Page 6 4.Authorize the Director of Finance and Management Service to approve the Purchase Order of Sysco Foods ($214,500) and Hollandia Dairy ($25,600) and Consulting Health and Nutrition Services ($18,700); and 5.Authorizing the Director of Finance and Management Services to amend the grant funds for the period of July 1, 2025 through June 30, 2026 in revenue and expenditures. 13.Accept the Corporation for National and Community Service’s AmeriCorps Senior Companion Program (SCP) Grant in the amount of $ 322,662 for FY 2025­2026 – 2nd Year of a 3­Year Grant Award (All Wards) p.2635 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025­359: 1.Ratifying the submission of the application for year two of a three­year grant through the Corporation for National and Community Service’s Senior Companion Program; and 2.Authorizing the City Manager to accept the grant award in the amount of $332,662; and 3.Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant awards; and 4.Authorizin g the Director of Finance and Management Services to appropriate the grant funds in the amount of $332,662 for the period of July 1, 2025, through June 30, 2026 in revenue and expenses. 14.Adopt a Resolution Accepting the Corporation for National and Community Service’s AmeriCorps Seniors Retired and Senior Volunteer Program (RSVP) Grant in the amount of $70,477 for FY 2025­2028­ First Year of a Three­Ye ar Grant Award (All Wards) p.2679 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025­357: 1.Ratifying the submission of a new grant application for year one of a three­ year grant through the Corporation for National and Community Service’s AmeriCorps Seniors Retired and Senior Volunteer Program (RSVP); and 2.Authorizing the City Manager to accept the grant award in the amount of $70,477; and 3.Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant awards; and 4.Authorizin g the Director of Finance and Management Services to appropriate the grant funds for the period of April 1, 2025 ($17,618.25 in FY 24­25) through March 31, 2026 ($52,858.75 in FY 25­26). Mayor and City Council of the City of San Bernardino Page 7 15.Acceptance of Yuhaaviatam of San Manuel Nation Grant Award (All Wards) p.2710 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025­360, authorizing: 1.The City Manager to accept the grant award in the amount of $200,000; and 2.The City Manager or their designee to conduct all negotiations, signing, and submittals of necessary documents to receive grant awards; and 3.The Director of Finance and Management Services to amend the FY 2025/26 Operating Budget by $200,000 in grant revenues and expenditures. 16.Approval of Fee Waiver and City Support Services for the Route 66 Rendezvous Event (All Wards) p.2718 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025­361 , Authorizing the City Manager to waive special event fees for Route 66 Rendezvous and provide support services from Police, Public Works, and Parks & Recreation. ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 17.Review of Policy for City’s Sponsorship of Third­Party Events (All Wards) – (Council Member Sanchez) p.2724 18.Discussion on Accessory Dwelling Units (ADUs) and Research on Limits within State Law (All Wards) – (Council Member Ibarra) p.2725 MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS ADJOURNMENT The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on September 03, 2025 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. Mayor and City Council of the City of San Bernardino Page 8 CERTIFICATION OF POSTING AGENDA I, Telicia Lopez, CMC, Acting City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the August 20, 2025, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, 92401 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, 92410 and on the City's website sbcity.org on Friday, August 15, 2025. I declare under the penalty of perjury that the foregoing is true and correct. Telicia Lopez, CMC, Acting City Clerk Mayor and City Council of the City of San Bernardino Page 9 NOTICE: Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments. In accordance with Resolution No. 2018­89 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony: Public Comments and Testimony: Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below. Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council. Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address. Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking. Rule 5. Time Limits: 5.01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council. 5.02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing. Mayor and City Council of the City of San Bernardino Page 10 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three­minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made, a minimum of 15 copies must be provided to the City Clerk. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Se ction 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. Mayor and City Council of the City of San Bernardino Page 11 ALTERNATE MEETING VIEWING METHOD: If there are any technical issues with the live stream or recording from the main agenda portal or if you require an option with Closed Captioning, you may view the meeting from the following location (TV3). https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6 PUBLIC COMMENT OPTIONS Please use ONE of the following options to provide a public comment: Written comments can be emailed to publiccomments@sbcity.org. Written public comments received up to 2:30 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. Written public comments will not be read aloud by city staff. Written correspondence can be accessed bythe public online at tinyurl.com/agendabackup . Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically after the 2:30 p.m. deadline will not be accepted. Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909­384­5002 or SBCityClerk@sbcity.org for assistance outside of this timeframe. Written correspondence submitted after the deadline will be provided to the Mayor and City Council at the following regular meeting. Mayor and City Council of the City of San Bernardino Page 12 MEETING TIME NOTE: Pursuant to Resolution No. 2024-029, adopted by the Mayor and City Council on February 21, 2024: “Section 3. All meetings are scheduled to terminate at 10:00 P.M. on the same day it began. At 9:00 P.M., the Mayor and City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and will continue all other items on which additional time is required until a future Mayor and City Council meeting. A majority vote of the Council is required to extend a meeting beyond 10:00 P.M. to discuss specified items.” 2 8 9 0 CLOSED SESSION City of San Bernardino Request for Council Action August 20, 2025 Honorable Mayor and City Council Members Sonia Carvalho, City Attorney City Attorney To: From: Department: Subject: A) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)): 3 Cases. Packet Page 13 B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of Litigation (Pursuant to Government Code Section 54956.9(d)(4)): 1 Case PRESENTATIONS City of San Bernardino Request for Council Action August 20, 2025 Honorable Mayor and City Council Members Helen Tran, Mayor Mayor's Office Packet Page 14 A PROCLAMATION OF THE MAYOR AND CITY COUNCIL PROCLAIMING AUGUST 31, 2025, AS OVERDOSE AWARENESS DAY IN THE CITY OF SAN BERNARDINO WHEREAS, the City of San Bernardino does affirm and acknowledge the harm and hardship caused by drug overdose; and WHEREAS, we recognize the purpose of International Overdose Awareness Day as remembering loved ones lost to overdose and ending the stigma of drug-related deaths; and WHEREAS, we resolve to play our part in reducing the toll of overdose in our community, which last year claimed the lives of 471 residents of San Bernardino County, and nearly 11,000 Californians, together with countless more affected forever; and WHEREAS, we affirm that the people affected by overdose are our sons and daughters, our mothers and fathers, our brothers and sisters, and deserving of our love, compassion and support. WHEREAS, the City of San Bernardino wishes to recognize and commend VARP (Veterans Alcoholic Rehabilitation Program) for their longstanding commitment to substance use recovery, prevention, and community-based support; and WHEREAS, VARP has been a leader in providing critical services such as residential treatment, recovery resources, and outreach to those most at risk in San Bernardino, working tirelessly to reduce the impact of addiction and overdose in our neighborhoods. NOW, THEREFORE, BE IT RESOLVED THAT, the Mayor & City Council of the City of San Bernardino, do hereby proclaim August 31, 2025, as International Overdose Awareness Day in the City of San Bernardino and extend heartfelt appreciation to VARP for their continued service, compassion, and impact in our community. Presented on the 20th Day of August 2025 Packet Page 15 2 6 3 9 PUBLIC HEARING City of San Bernardino Request for Council Action August 20, 2025 Honorable Mayor and City Council Members Telicia Lopez, Acting City Clerk City Clerk Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California, Introduce, read by title only and waive further reading of Ordinance No. MC- 1653, Enacting a Code of Ordinances Revising, Amending, Restating, Codifying and Compiling Certain Existing General Ordinances of the City of San Bernardino. Executive Summary The Mayor and City Council will consider adopting an ordinance enacting the updates made to the San Bernardino Municipal Code by American Legal Services, the vendor who was selected by staff to review, evaluate and codify the ordinance for language consistency and modernization. The updates made were to correct issues such as spelling errors, grammatical errors, updating references such as Common Council to City Council and using consistent formatting throughout the ordinance. Background The San Bernardino Municipal Code is a compilation of ordinances that govern city operations and procedures. The City Clerk is responsible for maintaining and updating the Municipal Code, which is revised as ordinances are adopted, amended, or repealed. Prior to 2014, the Municipal Code was only available in a hard copy format, during city business hours. To improve public access to city records and information, the Municipal Code was made available in PDF format on the City’s website in 2014. Packet Page 16 2 6 3 9 Effective January 1, 2023, Government Code Sections 50022.1 through 50022.10 provide for the codification, compilation, recodification, and publication of the permanent and general ordinances of the City. This also allows the Municipal Code to be recodified, recompiled and readopted in the same manner as it was originally created. In advance of the new Government Code coming into effect, in 2022 the City Clerk’s Office issued a Request for Proposal (RFP) for Municipal Code Web Hosting and Codification Services. A contract was awarded to American Legal Publishing to provide both services. In June 2023, the City launched the Municipal Code web hosting platform, allowing the public and city staff to easily search, copy, and share code provisions. This online platform offers real-time updates, ensuring users have access to the most current version of the code as changes are made. Discussion Following the launch of the web hosting platform, American Legal Publishing began the codification process. This included a comprehensive review of all ordinances to ensure consistency, proper formatting, and accuracy. Edits were made to correct spelling, punctuation, capitalization, and to apply gender-neutral language. Outdated or repealed laws were also removed. No substantive changes were made that alter the meaning of any provision, rule, law, or tax. American Legal Publishing, in addition to providing the web hosting service and initial codification, will also provide ongoing codification services of ordinances. This means once a new ordinance is adopted by the City Council, it is provided to American Legal to integrate into the Municipal Code system in a structured, easy to navigate format. This modernization ensures the Municipal Code remains a clear, accessible, and reliable legal resource for both the public and city staff. The new system helps streamline the process and improve efficiency for updating the code, and provides a valuable resource for residents, businesses, and city officials. 2021-2025 Strategic Targets and Goals The approval of this ordinance aligns with Goal No. 2: Focused, Aligned Leadership and Unified Community. The approval of this ordinance will improve community engagement and organizational efficiency. Fiscal Impact Packet Page 17 2 6 3 9 There are no costs associated with adopting this ordinance. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino California, Introduce, read by title only and waive further reading of Ordinance No. MC- 1653, Enacting a Code of Ordinances Revising, Amending, Restating, Codifying and Compiling Certain Existing General Ordinances of the City of San Bernardino. Attachments Attachment 1 - Ordinance No. MC-1653 Enacting a Code of Ordinances Revising, Restating, Codifying and Compiling Certain Existing General Ordinances. Attachment 2 – Redline of Municipal Code by American Legal Publishing Attachment 3 – Proof of Publication Ward: All Synopsis of Previous Council Actions: None Packet Page 18 Ordinance No. MC-1653 1 7 1 7 0 ORDINANCE NO. MC-1653 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ENACTING A CODE OF ORDINANCES REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE CITY DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES WHEREAS, the City San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, the present general and permanent ordinances of the City are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the municipality and for the proper conduct of its affairs; and WHEREAS, the City Council of the City has authorized a general compilation, revision and codification of the ordinances of the City of a general and permanent nature and publication of such ordinance in book form; and WHEREAS, Government Code Sections 50022.1 through 50022.10 provide for the codification, compilation, recodification, and publication of the permanent and general ordinances of the City. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Recodification and Adoption. There is hereby codified and adopted the City of San Bernardino Municipal Code as revised, reformatted, indexed, codified, compiled, edited, updated, together with those secondary codes adopted by reference as authorized by the California State Legislature, save and except those portions of the secondary code as are deleted, modified, or amended by the provisions of the City of San Bernardino Municipal Code. The City of San Bernardino Municipal Code and the secondary codes adopted by reference in the City of San Bernardino Municipal Code are adopted by reference under the provisions of Government Code §§ 50022.1 to 50022.10. The general ordinances of the City as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the "Code of Ordinances of the City of San Bernardino.” SECTION 3.Such Code of Ordinances as adopted in Section 2 shall consist of the following Titles: Packet Page 19 Ordinance No. MC-1653 2 7 1 7 0 TITLE 1: GENERAL PROVISIONS 1.01. Code Adoption 1.04. General Provisions 1.08. Resolutions and Ordinances 1.12. General Penalty 1.16. Boundaries of Wards 1.20. Working of Probationers on Public Property 1.24. Designation of Old City 1.26. Time Limitations for Administrative Mandamus Proceedings 1.28.Reserved TITLE 2: ADMINISTRATION AND PERSONNEL 2.01.Mayor Pro Tempore 2.02.City Manager 2.03.Vacancies 2.04.Personnel System 2.06. Purchasing Agent 2.08.City Treasurer 2.10. Department of Finance and Management Services 2.12.Fire Department 2.14.Department of Public Works 2.15.Department of Community Development and Housing 2.16.Development Services Department 2.17.Boards, Bureaus and Commissions – General 2.18.Parks, Recreation and Community Services Department 2.19.Elected Official Compensation Advisory Commission 2.20.Special Counsel Services 2.22.Planning Commission 2.23.Historical Preservation Commission 2.24.Central City Parking Place Commission 2.26.Animal Control Commission 2.27.Library Board 2.28.Board of Water Commissioners 2.30.Fine Arts Commission 2.31.Relocation Appeals Board 2.32.Board of Fire Commissioners 2.34. Board of Police Commissioners 2.36. Peace Officer Standards and Training 2.38.Police Reserve 2.39.Human Relations Commission 2.40.Community Development Commission 2.41.Main Street Advisory Board 2.42.Community Television Commission 2.43.Bureau of Franchises 2.44.Cemetery Commission 2.45.Building Appeals Board 2.46.Disaster Council 2.47.Central City Advisory Board Packet Page 20 Ordinance No. MC-1653 3 7 1 7 0 2.48.State Employees’ Retirement System 2.49.Senior Affairs Commission 2.50.Personnel Commission 2.52.City Hall 2.54.Holidays 2.55.Local Campaign Finance Regulations 2.56.Elections 2.57.Online or Electronic Filing of Fair Political Practices Commission Forms 2.58.Meetings 2.60. Disclosure of Financial Interests 2.62. Filing of Official Bonds 2.64.Appeals to City Council 2.65.Sale of Real Property 2.66.Contract of Indemnity 2.68. Vacancies in Office 2.70. Sale of Unclaimed Property 2.72.Demands Against City; Payment 2.73.Collection of Debts 2.74.Financial Interests of Appointed City Committee Members 2.75.Use of City’s CATV Facilities 2.76.Council Committees 2.77.Facilities Management Department 2.78.Code Compliance Department 2.79.Information Technology Department 2.80.Animal Control Department 2.81.Police Department 2.82.Mayor and City Council Compensation 2.83.Department of Economic Development TITLE 3: REVENUE AND FINANCE 3.04.Purchasing System 3.05.Budget Transfers 3.08.Warrants 3.10. Checks Returned for Insufficient Funds 3.12.Refund of Fees for Permits, Licenses and Certificates 3.13.Waiver or Refund of Fees for Charitable Organizations 3.16. Claims Against the City 3.20. Special Gas Tax Street Improvement Fund 3.24. Traffic Safety Fund 3.26.Traffic Systems Fee 3.27.Development Impact Fees 3.28.Special Public Health Fund 3.32. Public Park Development and Recreation Fund 3.36. Cemetery Fund 3.38. Planned Local Drainage Facilities Fund 3.40. Property Taxes 3.44. Service Users Tax 3.46. Service Users Tax Reduction and Modernization Act 3.48. Real Property Transfer Tax Packet Page 21 Ordinance No. MC-1653 4 7 1 7 0 3.52. Uniform Transient Occupancy Tax 3.54.Reserved 3.55.Transient Lodging Tax 3.56.Uniform Local Sales and Use Tax 3.57.Transactions and Use Tax 3.60. Cigarette Tax 3.64. Tax on Parking and Business Improvement Area 3.68. Assessment for Nuisance Abatement 3.70. Fees Set by Resolution 3.72.User Fees for Emergency Medical Services 3.73.User Fees for Video Production Services 3.75. Drainage Facilities; Public Utilities 3.80. Cost Recovery System for Booking Fee Collections TITLE 4: RESERVED [Reserved] TITLE 5: BUSINESS REGISTRATION AND REGULATIONS Article I. General Provisions 5.04.General Provisions and Rates 5.05.Medical Marijuana Dispensaries 5.08.Reserved 5.10. Commercial Cannabis Activities 5.12.Reserved 5.14. Entertainment - Dances and Adult Entertainment 5.16. Fire, Removal or Closing-Out Sales 5.18.Cannabis Business Tax 5.19.Peddling and Soliciting 5.20.Massage Parlors - Massagists 5.22. Outdoor Sales and Displays 5.24. Transporting Persons for Hire 5.26. Shopping Carts Article II. Specific Businesses 5.28. Automobile Wreckers 5.30. Sidewalk Vending 5.32. Billiard Rooms and Poolrooms 5.36. Bingo Games 5.40. Charitable and Religious Solicitations in Central City Mall 5.42. Outdoor Entertainment 5.44. Coin-Operated Game Machines 5.48.Reserved 5.52. Escort Bureaus 5.56. Junk and Secondhand Dealers 5.60. Motor Buses 5.64. Motor Fuel Sales Packet Page 22 Ordinance No. MC-1653 5 7 1 7 0 5.68. Personal Property Sales 5.72. Satellite Horse Race Wagering 5.76. Taxicabs and Non-Emergency Medical Vehicles 5.80. Theaters - Motion Picture and Electrical Equipment 5.82. Operator Permit Regulations 5.84. Enforcement - Citing Authority TITLE 6: ANIMALS 6.01.General Provisions 6.02.Noisy Animals 6.03.Keeping of Non-Equine Livestock 6.04.Horses 6.05.Fowl 6.06.Pigeons 6.07.Wild, Exotic, Dangerous or Non-Domestic Animals in Captivity 6.08.Dogs 6.09.Vicious and Potentially Dangerous Dogs 6.10.Cats 6.11 Quarantine 6.12 Police Dogs 6.13 Enforcement – Penalty 6.14 Administrative Citations TITLE 7: RESERVED [Reserved] TITLE 8: HEALTH AND SAFETY 8.01. Environmental Health Code (AEHC@) 8.02. Inspection Grading of Food Establishments 8.03. Apiaries 8.05. Collection of Rent for Buildings Ordered Vacated 8.06. Distribution of Medicine, Pills or Drugs 8.07. Reserved 8.09. Treatment of Wounded Persons 8.12. Reserved 8.14. Yard Sales 8.15. Litter 8.18. Accumulation of Combustible and Non-Combustible Materials 8.19. Abatement of Fire Hazards and Hazardous Trees 8.21. Reserved 8.24. Solid Waste Collection, Removal, Disposal, Processing and Recycling 8.24.5. Construction and Demolition Waste Recycling Program 8.25. Scrap Tires 8.27. Nuisances 8.30. Public Nuisances 8.33. Reserved 8.35. Reserved 8.36. Abandoned Vehicles Packet Page 23 Ordinance No. MC-1653 6 7 1 7 0 8.38. Signs on Vacant Properties 8.39. Seizure and Forfeiture of Nuisance Vehicles 8.42. Reserved 8.45. Reserved 8.48. Hotels and Lodging Houses 8.50. Venereal Diseases 8.51. Mufflers 8.54. Noise Control 8.57. Sound Vehicles 8.60. Fireworks 8.61. Prohibited Fireworks TITLE 9: PUBLIC PEACE, MORALS AND WELFARE Article I. Offenses Against Public Officers and Government 9.04. Improper Use of City Insignia 9.08. Soliciting Tort Claims 9.12. Disturbing City Business 9.16. False Reports Article II. Offenses Against the Person 9.20. Leg-Hold Traps Article III. Offenses Against Public Decency 9.28. Offenses Against Public Decency 9.32. Public Consumption of Alcohol 9.36.Reserved 9.40.Reserved 9.44. Games of Chance Article IV. Offenses Against Public Peace 9.48.Sound-Making or Sound-Amplifying Devices 9.49.Recreational Activities - Shopping Centers Article V. Offenses Against Property 9.52.Trespass 9.56. Motor Vehicle Trespass 9.58. Private Surveillance Equipment Article VI. Consumer Protection 9.60. Prohibition Against Certain Forms of Aggressive Solicitation 9.62. Median Island Safety 9.64. Fake Sales Article VII. Offenses By or Against Minors Packet Page 24 Ordinance No. MC-1653 7 7 1 7 0 9.68.Curfew - Minors 9.69.Daytime Loitering 9.70.Protection of Minors Article VIII. Weapons 9.80. Concealed Weapons 9.84.Projectiles 9.90. Authority to Arrest - Citations 9.92.Administrative Citation Process 9.93.Administrative Civil Penalties 9.94.Administrative Hearings and Appeals Article IX. Narcotics and Gangs 9.95.Narcotics and Gang-Related Crime Eviction Program 9.96.Crime-Free Zones 9.97.Regulation of Registered Sex Offenders 9.98.Psychoactive Bath Salts, Psychoactive Herbal Incense and Other Synthetic Drugs TITLE 10: VEHICLES AND TRAFFIC Article I. General Regulations 10.04.Definitions 10.08. Obedience to Traffic Regulations 10.12. Traffic-Control Devices 10.16. Stopping, Standing and Parking 10.20. Special Stops 10.24.Operation of Vehicles and Bicycles 10.25.Vehicles for Sale on Public Streets 10.28.Pedestrians 10.32. Buses and Railroad Trains 10.36. Loading Zones, Bus Stops and Crosswalks 10.38. Drive-In Establishments 10.40. Damage to Property 10.44. Violation - Penalty Article II. Specific Regulations 10.48.Bicycles 10.52. Speed Limits 10.56. Noise Limits TITLE 11: RESERVED [Reserved] TITLE 12: STREETS, SIDEWALKS AND PUBLIC PLACES Packet Page 25 Ordinance No. MC-1653 8 7 1 7 0 12.03. Right-of-Way Permits - Excavations and Temporary Encroachments 12.04. Reserved 12.05. Right-of-Way Permits - Wireless Facilities 12.08. Reserved 12.12. Telegraph and Telephone Poles - Underground Utilities 12.16. Datum Plane 12.20. Public Projects 12.21. Design-Build 12.24. Public Works Contracts 12.28. Improvements 12.30. Sight Distance Requirement 12.32. House Numbers 12.36. Street Grades 12.40. Street Trees 12.44. Obstructions 12.48. Bridges 12.52. Fire Hydrants 12.56. Parades 12.60. Vending Near Public Schools 12.64. Motion Picture and Television Production Permits 12.68. Park and School Grounds 12.72. Clocks 12.76. Seccombe Lake Park 12.80. Public Parks and Recreational Facilities 12.84. Off-Street Public Parking 12.88. Hang Gliding 12.90. Establishment, Financing and Operation of Assessment Districts 12.92. Construction and Maintenance of Sidewalks, Curbs and Driveways 12.93. City Participation in Sidewalk/Curb Repair and Sewer Connection Costs 12.94. Improvement Districts 12.95. Substandard Driveway Approaches 12.96. Installation and Maintenance of Landscaped Frontages on City Rights-of-Way and Within the Building Setback Area up to a Maximum of Twenty Feet 12.98. Camping on Public Streets and Parks TITLE 13: PUBLIC UTILITIES 13.04. Wells 13.08. Connection with Public Sewer 13.12. Cross-Connections and Backflow Prevention Devices 13.16. Reserved 13.20. Geothermal Resources 13.24. Water Supply System 13.25. Spreading or Extraction Within the Management Zone 13.28. Collection of Delinquent Water, Rubbish, Sewer or Other Municipal Utility Charges 13.32. Wastewater Facilities 13.36. Underground Facilities TITLE 14: FRANCHISES 14.04. General Regulations Packet Page 26 Ordinance No. MC-1653 9 7 1 7 0 14.08. Cable, Video and Telecommunications Service Providers TITLE 15: BUILDINGS AND CONSTRUCTION 15.04. Building Codes 15.05. Property Maintenance Code 15.08. Liquefaction 15.10. Foothill Fire Zone Building Standards 15.11. Building Safety Enhancement Area Building Standards 15.12. Earthquake Hazard Reduction in Existing Buildings 15.16. Uniform Fire Code 15.20. Certificate of Occupancy 15.24. Property Maintenance Requirements 15.25. Multi-Family Rental Housing Fire Inspection Program 15.26. Single-Family Rental Property Inspection Program 15.27. Multi-Family Rental Housing Program Maintenance Standards 15.28. Dangerous Buildings 15.32. Reserved 15.34. Removal or Destruction of Trees 15.36. Demolition and Moving of Buildings and Structures 15.37. Historic Building Demolition Ordinance 15.38. Reserved 15.40. Reserved 15.44. Reserved 15.48. Swimming Pools 15.52. Reserved 15.55. City Assumption of Code Enforcement in Mobile Home Parks 15.56. Reserved 15.57. Cultural Development Construction Tax 15.60. Reserved 15.64. Reserved 15.68. Washers, Dryers, Extractors and Compressors 15.72. Reserved 15.73. Verdemont Area - Infrastructure Fee 15.74. Violation - Penalty TITLE 16: SIGNS 16.04. Reserved 16.08. Reserved 16.12. Political Signs 16.16. Street Banner Permit 16.18. Unauthorized Signs on Public Property TITLE 17: ENVIRONMENTAL PROTECTION 17.04. Reserved 17.05. Hazardous Waste Management Plan 17.06. Water Wise Landscape Program 17.07. Water Efficient Landscape Ordinance 17.08. Mobile Source Air Pollution Ordinance Packet Page 27 Ordinance No. MC-1653 10 7 1 7 0 TITLE 18: RESERVED [Reserved] TITLE 19: LAND USE/SUBDIVISION REGULATIONS [Reserved] PARALLEL REFERENCES References to California Codes References to Ordinances INDEX SECTION 4.Continuation of Existing Law. The recodification and adoption of the City of San Bernardino Municipal Code is intended by the City Council to be a continuation of existing provisions of the City of San Bernardino Municipal Code, and nothing is intended to modify or enact any new laws or new taxes. To the extent the provisions of the City of San Bernardino Municipal Code are substantially the same as existing law, the provisions of the City of San Bernardino Municipal Code shall be considered a continuation of existing law and not new enactments. SECTION 5.All prior ordinances pertaining to the subjects treated in the City of San Bernardino Municipal Code shall be deemed repealed from and after the effective date of this Ordinance except as they are included and reordained in whole or in part in the City of San Bernardino Municipal Code ; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the City of San Bernardino Municipal Code. SECTION 6.The City of San Bernardino Municipal Code shall be in full force and effect as provided in this Ordinance, and the City of San Bernardino Municipal Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given SECTION 7.Certification. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. Packet Page 28 Ordinance No. MC-1653 11 7 1 7 0 SECTION 8. CEQA. The City Council finds this Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 9. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected. SECTION 10. Effective Date. This Ordinance shall take effect 30 days after its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________ 2025. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page 29 Ordinance No. MC-1653 12 7 1 7 0 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1653, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 2nd day of July 2025. Ordinance No. MC-1653 was approved, passed and adopted at a regular meeting held the XX day of , 2025 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2025. Telicia Lopez, CMC, Acting City Clerk Packet Page 30 CITY OF SAN BERNARDINO, CALIFORNIA CODE OF ORDINANCES This manuscript contains local legislation current through Ord. MC-1626, passed 2-21-2024 Published by: AMERICAN LEGAL PUBLISHING 525 Vine Street h Ste. 310 h Cincinnati, Ohio 45202 1-800-445-5588 h www.amlegal.com Packet Page 31 SAN BERNARDINO, CALIFORNIA TABLE OF CONTENTS CHARTER Chapter TITLE 1: GENERAL PROVISIONS 1.01. Code Adoption 1.04. General Provisions 1.08. Resolutions and Ordinances 1.12. General Penalty 1.16. Boundaries of Wards 1.20. Working of Probationers on Public Property 1.24. Designation of Old City 1.26. Time Limitations for Administrative Mandamus Proceedings 1.28. Administrative and Legislative Interpretation and Practice - CharterReserved TITLE 2: ADMINISTRATION AND PERSONNEL 2.01. Mayor Pro Tempore 2.02. City Manager 2.03. Vacancies 2.04. Personnel System 2.06. Purchasing Agent 2.08. City Treasurer 2.10. Department of Finance and Management Services 2.12. Fire Department 2.14. Department of Public Works 2.15. Department of Community Development and Housing 2.16. Development Services Department 2.17. Boards, Bureaus and Commissions - General 2.18. Parks, Recreation and Community Services Department 2.19. Elected Official Compensation Advisory Commission 2.20. Special Counsel Services 2.22. Planning Commission 2.23. Historical Preservation Commission 2.24. Central City Parking Place Commission 2.26. Animal Control Commission 2.27. Library Board 2.28. Board of Water Commissioners 2.30. Fine Arts Commission 2.31. Relocation Appeals Board 2.32. Board of Fire Commissioners 2.34. Board of Police Commissioners 2.36. Peace Officer Standards and Training 1 Packet Page 32 San Bernardino - Table of Contents2 TITLE 2: ADMINISTRATION AND PERSONNEL (Cont’d) 2.38. Police Reserve 2.39. Human Relations Commission 2.40. Community Development Commission 2.41. Main Street Advisory Board 2.42. Community Television Commission 2.43. Bureau of Franchises 2.44. Cemetery Commission 2.45. Building Appeals Board 2.46. Disaster Council 2.47. Central City Advisory Board 2.48. State Employees’ Retirement System 2.49. Senior Affairs Commission 2.50. Personnel Commission 2.52. City Hall 2.54. Holidays 2.55. Local Campaign Finance Regulations 2.56. Elections 2.57. Online or Electronic Filing of Fair Political Practices Commission Forms 2.58. Meetings 2.60. Disclosure of Financial Interests 2.62. Filing of Official Bonds 2.64. Appeals to CommonCity Council 2.65. Sale of Real Property 2.66. Contract of Indemnity 2.68. Vacancies in Office 2.70. Sale of Unclaimed Property 2.72. Demands Against City; Payment 2.73. Collection of Debts 2.74. Financial Interests of Appointed City Committee Members 2.75. Use of City’s CATV Facilities 2.76. Council Committees 2.77. Facilities Management Department 2.78. Code Compliance Department 2.79. Information Technology Department 2.80. Animal Control Department 2.81. Police Department 2.82. Mayor and City Council Compensation 2.83. Department of Economic Development TITLE 3: REVENUE AND FINANCE 3.04. Purchasing System 3.05. Budget Transfers 3.08. Warrants 3.10. Checks Returned for Insufficient Funds Packet Page 33 Table of Contents 3 TITLE 3: REVENUE AND FINANCE (Cont’d) 3.12. Refund of Fees for Permits, Licenses and Certificates 3.13. Waiver or Refund of Fees for Charitable Organizations 3.16. Claims Against the City 3.20. Special Gas Tax Street Improvement Fund 3.24. Traffic Safety Fund 3.26. Traffic Systems Fee 3.27. Development Impact Fees 3.28. Special Public Health Fund 3.32. Public Park Development and Recreation Fund 3.36. Cemetery Fund 3.38. Planned Local Drainage Facilities Fund 3.40. Property Taxes 3.44. Service Users Tax 3.46. Service Users Tax Reduction and Modernization Act 3.48. Real Property Transfer Tax 3.52. Uniform Transient Occupancy Tax 3.54. Reserved 3.55. Transient Lodging Tax 3.56. Uniform Local Sales and Use Tax 3.57. Transactions and Use Tax 3.60. Cigarette Tax 3.64. Tax on Parking and Business Improvement Area 3.68. Assessment for Nuisance Abatement 3.70. Fees Set by Resolution 3.72. User Fees for Emergency Medical Services 3.73. User Fees for Video Production Services 3.75. Drainage Facilities; Public Utilities 3.80. Cost Recovery System for Booking Fee Collections TITLE 4: RESERVED [Reserved] TITLE 5: BUSINESS REGISTRATION AND REGULATIONS Article I. General Provisions 5.04. General Provisions and Rates 5.05. Medical Marijuana Dispensaries 5.08. Reserved 5.10. Commercial Cannabis Activities 5.12. Reserved 5.14. Entertainment - Dances and Adult Entertainment Packet Page 34 San Bernardino - Table of Contents4 TITLE 5: BUSINESS REGISTRATION AND REGULATIONS (Cont’d) Article I. General Provisions (Cont’d) 5.16. Fire, Removal or Closing-Out Sales 5.18. Cannabis Business Tax 5.19. Peddling and Soliciting 5.20. Massage Parlors - Massagists 5.22. Outdoor Sales and Displays 5.24. Transporting Persons for Hire 5.26. Shopping Carts Article II. Specific Businesses 5.28. Automobile Wreckers 5.30. Sidewalk Vending 5.32. Billiard Rooms and Poolrooms 5.36. Bingo Games 5.40. Charitable and Religious Solicitations in Central City Mall 5.42. Outdoor Entertainment 5.44. Coin-Operated Game Machines 5.48. Reserved 5.52. Escort Bureaus 5.56. Junk and Secondhand Dealers 5.60. Motor Buses 5.64. Motor Fuel Sales 5.68. Personal Property Sales 5.72. Satellite Horse Race Wagering 5.76. Taxicabs and Non-Emergency Medical Vehicles 5.80. Theaters - Motion Picture and Electrical Equipment 5.82. Operator Permit Regulations 5.84. Enforcement - Citing Authority TITLE 6: ANIMALS 6.01. General Provisions 6.02. Noisy Animals 6.03. Keeping of Non-Equine Livestock 6.04. Horses 6.05. Fowl 6.06. Pigeons 6.07. Wild, Exotic, Dangerous or Non-Domestic Animals in Captivity 6.08. Dogs 6.09. Vicious and Potentially Dangerous Dogs 6.10. Cats Packet Page 35 Table of Contents 5 TITLE 6: ANIMALS (Cont’d) 6.11. Quarantine 6.12. Police Dogs 6.13. Enforcement - Penalty 6.14. Administrative Citations TITLE 7: RESERVED [Reserved] TITLE 8: HEALTH AND SAFETY 8.01. Environmental Health Code (“EHC”) 8.02. Inspection Grading of Food Establishments 8.03. Apiaries 8.05. Collection of Rent for Buildings Ordered Vacated 8.06. Distribution of Medicine, Pills or Drugs 8.07. Reserved 8.09. Treatment of Wounded Persons 8.12. Reserved 8.14. Yard Sales 8.15. Litter 8.18. Accumulation of Combustible and Noncombustible Materials 8.19. Abatement of Fire Hazards and Hazardous Trees 8.21. Reserved 8.24. Solid Waste Collection, Removal, Disposal, Processing and Recycling 8.24.5. Construction and Demolition Waste Recycling Program 8.25. Scrap Tires 8.27. Nuisances 8.30. Public Nuisances 8.33. Reserved 8.35. Reserved 8.36. Abandoned Vehicles 8.38. Signs on Vacant Properties 8.39. Seizure and Forfeiture of Nuisance Vehicles 8.42. Reserved 8.45. Reserved 8.48. Hotels and Lodging Houses 8.50. Venereal Diseases 8.51. Mufflers 8.54. Noise Control 8.57. Sound Vehicles 8.60. Fireworks 8.61. Prohibited Fireworks Packet Page 36 San Bernardino - Table of Contents6 TITLE 8: HEALTH AND SAFETY (Cont’d) 8.63. Explosives and Fires 8.65. Destruction of Weapons 8.66. Moving of Buildings and Oversize Loads 8.68. Etching Cream, Aerosol Containers and Certain Marker Pens 8.69. Graffiti 8.72. Reserved 8.73. No Smoking In Parks 8.75. Reserved 8.78. Automatic Dialing and Taped Message Alarm Systems 8.79. Floodplain Management 8.80. Storm Water Drainage System 8.81. Security Alarm Systems 8.82. Establishment of Extraordinary Law Enforcement Services 8.83. Social Host Accountability 8.84. Castor Bean Plants 8.87. Railroad Companies 8.90. Mobile Home Rents 8.93. Bicycles Prohibited in Certain Public Buildings 8.95. Animals Prohibited in City Buildings 8.97. Smoking Cannabis in Public Places 8.99. Personal Cultivation of Cannabis TITLE 9: PUBLIC PEACE, MORALS AND WELFARE Article I. Offenses Against Public Officers and Government 9.04. Improper Use of City Insignia 9.08. Soliciting Tort Claims 9.12. Disturbing City Business 9.16. False Reports Article II. Offenses Against the Person 9.20. Leg-Hold Traps Article III. Offenses Against Public Decency 9.28. Offenses Against Public Decency 9.32. Public Consumption of Alcohol 9.36. Reserved 9.40. Reserved 9.44. Games of Chance Packet Page 37 Table of Contents 7 TITLE 9: PUBLIC PEACE, MORALS AND WELFARE (Cont’d) Article IV. Offenses Against Public Peace 9.48. Sound-Making or Sound-Amplifying Devices 9.49. Recreational Activities - Shopping Centers Article V. Offenses Against Property 9.52. Trespass 9.56. Motor Vehicle Trespass 9.58. Private Surveillance Equipment Article VI. Consumer Protection 9.60. Prohibition Against Certain Forms of Aggressive Solicitation 9.62. Median Island Safety 9.64. Fake Sales Article VII. Offenses By or Against Minors 9.68. Curfew - Minors 9.69. Daytime Loitering 9.70. Protection of Minors Article VIII. Weapons 9.80. Concealed Weapons 9.84. Projectiles 9.90. Authority to Arrest - Citations 9.92. Administrative Citation Process 9.93. Administrative Civil Penalties 9.94. Administrative Hearings and Appeals Article IX. Narcotics and Gangs 9.95. Narcotics and Gang-Related Crime Eviction Program 9.96. Crime Free Zones 9.97. Regulation of Registered Sex Offenders 9.98. Psychoactive Bath Salts, Psychoactive Herbal Incense and Other Synthetic Drugs TITLE 10: VEHICLES AND TRAFFIC Article I. General Regulations 10.04. Definitions 10.08. Obedience to Traffic Regulations Packet Page 38 San Bernardino - Table of Contents8 TITLE 10: VEHICLES AND TRAFFIC (Cont’d) Article I. General Regulations (Cont’d) 10.12. Traffic-Control Devices 10.16. Stopping, Standing and Parking 10.20. Special Stops 10.24. Operation of Vehicles and Bicycles 10.25. Vehicles for Sale on Public Streets 10.28. Pedestrians 10.32. Buses and Railroad Trains 10.36. Loading Zones, Bus Stops and Crosswalks 10.38. Drive-In Establishments 10.40. Damage to Property 10.44. Violation - Penalty Article II. Specific Regulations 10.48. Bicycles 10.52. Speed Limits 10.56. Noise Limits TITLE 11: RESERVED [Reserved] TITLE 12: STREETS, SIDEWALKS AND PUBLIC PLACE 12.03. Right-of-Way Permits - Excavations and Temporary Encroachments 12.04. Reserved 12.05. Right-of-Way Permits - Wireless Facilities 12.08. Reserved 12.12. Telegraph and Telephone Poles - Underground Utilities 12.16. Datum Plane 12.20. Public Projects 12.21. Design-Build 12.24. Public Works Contracts 12.28. Improvements 12.30. Sight Distance Requirement 12.32. House Numbers 12.36. Street Grades 12.40. Street Trees 12.44. Obstructions 12.48. Bridges 12.52. Fire Hydrants Packet Page 39 Table of Contents 9 TITLE 12: STREETS, SIDEWALKS AND PUBLIC PLACE (Cont’d) 12.56. Parades 12.60. Vending Near Public Schools 12.64. Motion Picture and Television Production Permits 12.68. Park and School Grounds 12.72. Clocks 12.76. Seccombe Lake Park 12.80. Public Parks and Recreational Facilities 12.84. Off-Street Public Parking 12.88. Hang Gliding 12.90. Establishment, Financing and Operation of Assessment Districts 12.92. Construction and Maintenance of Sidewalks, Curbs and Driveways 12.93. City Participation in Sidewalk/Curb Repair and Sewer Connection Costs 12.94. Improvement Districts 12.95. Substandard Driveway Approaches 12.96. Installation and Maintenance of Landscaped Frontages on City Rights-of-Way and Within the Building Setback Area up to a Maximum of Twenty Feet 12.98. Camping on Public Streets and Parks TITLE 13: PUBLIC UTILITIES 13.04. Wells 13.08. Connection with Public Sewer 13.12. Cross-Connections and Backflow Prevention Devices 13.16. Reserved 13.20. Geothermal Resources 13.24. Water Supply System 13.25. Spreading or Extraction Within the Management Zone 13.28. Collection of Delinquent Water, Rubbish, Sewer or Other Municipal Utility Charges 13.32. Wastewater Facilities 13.36. Underground Facilities TITLE 14: FRANCHISES 14.04. General Regulations 14.08. Cable, Video and Telecommunications Service Providers TITLE 15: BUILDINGS AND CONSTRUCTION 15.04. Building Codes 15.05. Property Maintenance Code 15.08. Liquefaction Packet Page 40 San Bernardino - Table of Contents10 TITLE 15: BUILDINGS AND CONSTRUCTION (Cont’d) 15.10. Foothill Fire Zone Building Standards 15.11. Building Safety Enhancement Area Building Standards 15.12. Earthquake Hazard Reduction in Existing Buildings 15.16. Uniform Fire Code 15.20. Certificate of Occupancy 15.24. Property Maintenance Requirements 15.25. Multi-Family Rental Housing Fire Inspection Program 15.26. Single-Family Rental Property Inspection Program 15.27. Multi-Family Rental Housing Program Maintenance Standards 15.28. Dangerous Buildings 15.32. Reserved 15.34. Removal or Destruction of Trees 15.36. Demolition and Moving of Buildings and Structures 15.37. Historic Building Demolition Ordinance 15.38. Reserved 15.40. Reserved 15.44. Reserved 15.48. Swimming Pools 15.52. Reserved 15.55. City Assumption of Code Enforcement in Mobile Home Parks 15.56. Reserved 15.57. Cultural Development Construction Tax 15.60. Reserved 15.64. Reserved 15.68. Washers, Dryers, Extractors and Compressors 15.72. Reserved 15.73. Verdemont Area - Infrastructure Fee 15.74. Violation - Penalty TITLE 16: SIGNS 16.04. Reserved 16.08. Reserved 16.12. Political Signs 16.16. Street Banner Permit 16.18. Unauthorized Signs on Public Property TITLE 17: ENVIRONMENTAL PROTECTION 17.04. Reserved 17.05. Hazardous Waste Management Plan 17.06. Water Wise Landscape Program 17.07. Water Efficient Landscape Ordinance 17.08. Mobile Source Air Pollution Ordinance Packet Page 41 Table of Contents 11 TITLE 18: RESERVED [Reserved] TITLE 19: LAND USE/SUBDIVISION REGULATIONS [Reserved] PARALLEL REFERENCES References to California Codes References to Ordinances INDEX Packet Page 42 San Bernardino - Table of Contents12 Packet Page 43 CHARTER 1 Packet Page 44 San Bernardino - Charter2 Packet Page 45 CHARTER Section Preamble Article I: Names, Boundaries, Powers, Rights and Succession, Intergovernmental Relations Section 100. Name and Boundaries Section 101. Powers of the City Section 102. Interpretation of Powers Section 103. Rights and Succession Section 104. Intergovernmental Relations Article II: Form of Government Section 200. Form of Government Article III: City Council and Mayor Section 300. General Powers and Duties Section 301. Composition, Eligibility, and Terms Section 302. Powers and Duties of the Council Section 303. Powers and Duties of the Mayor Section 304. Manners of Action Section 305. Compensation; Expenses Section 306. Prohibitions Section 307. Vacancies; Filling of Vacancies Section 308. Judge of Qualifications Section 309. Council Organization, Meetings and Rules of Order Article IV: City Manager Section 400. City Manager Appointment, Qualifications and Compensation Section 401. Powers and Duties Article V: Departments, Services, Officers and Employees Section 501. General Provisions Section 502. Direction by City Manager Section 503. Continuation of Departments Section 504. City Attorney Section 505. City Clerk Section 506. Departmental Administrators; Appointive Powers Section 507. Services Section 508. Personnel System Section 509. Official Bonds Article VI: Boards, Commissions and Committees Section 600. General Provisions Section 601. Appointment, Removal, Terms of Office and Procedural Rules Section 602. Library Section 603. Water and Wastewater Section 604. Personnel Commission Article VII: Financial Management Section 700. Fiscal Year Section 701. Submission of Budget and Budget Message Section 702. Budget and Capital Improvement Program Section 703. Council Action on the Budget and Capital Improvement Plan Section 704. Independent Audit Article VIII: Elections Section 800. City Elections Section 801. Elective Officers; Terms Section 802. Number of Wards Section 803. Adjustment of Ward Boundaries 3 Packet Page 46 San Bernardino - Charter4 Article IX: Initiative, Citizen Referendum and Recall Section 900. Initiative, Citizen Referendum and Recall Article X: Charter Amendments Section 1000. Charter Amendments Section 1001. Periodic Review of Charter Article XI: Severability Section 1100. Severability Charter Index PREAMBLE We, the people of the City of San Bernardino, in order to secure the benefits of home rule and a council-manager form of government, hereby adopt this Charter. ARTICLE I: NAMES, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION, INTERGOVERNMENTAL RELATIONS SECTION 100. NAME AND BOUNDARIES. The City of San Bernardino, hereinafter termed the City, shall continue to be a municipal corporation under its present name of “City of San Bernardino.” The boundaries of the City shall be as now established until changed in the manner authorized by law. SECTION 101. POWERS OF THE CITY. The City shall have all powers possible for a city to have under the constitution and laws of the State of California as fully and completely as though they were specifically enumerated in this Charter. SECTION 102. INTERPRETATION OF POWERS. The powers of the City under this Charter shall be construed in favor of the City, and the specific mention of particular powers in the Charter shall not be interpreted as limiting in any way the general power granted in this article. SECTION 103. RIGHTS AND SUCCESSION. The City shall continue to own, possess and control all rights and property of every kind and nature, owned, possessed or controlled by it at the time this Charter takes effect and shall be subject to all of its debts, obligations and liabilities. All ordinances, codes, resolutions, rules, regulations, and portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent with this Charter, shall continue in force until they shall have been duly repealed, amended, changed, or superseded by proper authority as provided by this Charter. Subject to the provisions of this Charter, the present officers and employees of the City shall continue to perform the duties of their respective offices and employments under the same conditions as those of the existing offices and positions until the election or appointment and qualification of their successors, subject to such removal and control as provided in this Charter. No action or proceeding, civil or criminal, pending at the time this Charter takes effect, brought by or against the City or any officer, office, department or agency thereof, shall be affected or abated by the adoption of this Charter or anything herein contained. SECTION 104. INTERGOVERNMENTAL RELATIONS. Packet Page 47 Charter 5 The City may participate by contract or otherwise with any governmental entity of this state or any other state or states in the United States in the performance of any activity, which one or more of such entities has the authority to undertake, to the maximum extent permitted by applicable law. ARTICLE II: FORM OF GOVERNMENT SECTION 200. FORM OF GOVERNMENT. The municipal government established by this Charter is the council-manager form of government. ARTICLE III: CITY COUNCIL AND MAYOR SECTION 300. GENERAL POWERS AND DUTIES. All powers of the City shall be vested in the City Council (“Council”), and to the extent provided in this Charter, the Mayor. The Council shall provide for the exercise and performance of all duties and obligations imposed on the City by State and Federal laws. Except as otherwise required by law, the role of the Council is legislative, which includes the power to set policy, approve contracts and agreements, and undertake other obligations consistent with this Charter and the City’s Municipal Code, while deferring to the discretion of management to choose the appropriate means to achieve the Council’s goals. SECTION 301. COMPOSITION, ELIGIBILITY, AND TERMS. (a)Composition. The Council shall be composed of seven (7) Council members. The term “Council,” “legislative body,” or other similar terms as used in this Charter or any other provisions of law shall be deemed to refer to the collective body composed of the Council members. (b)Eligibility. Only registered voters of the City shall be eligible to hold the office of Council member or Mayor. Those elected shall have been qualified electors and residents of their respective wards for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office. SECTION 302. POWERS AND DUTIES OF THE COUNCIL. The Council, in collaboration with the Mayor, shall ensure fundamental municipal services are provided to protect and promote public health, safety, and welfare. The Council and Mayor shall operate together to serve the best interests of the City. The Council, in collaboration with the Mayor, will develop and implement a Code of Conduct to guide and direct their interactions and duties, including measures to hold one another accountable for deviations from the goals and principles set forth in this Charter and the City Code of Conduct. The Council, in collaboration with the Mayor, shall create and implement a plan to maintain the City’s fiscal integrity. Each Council member shall be entitled to vote on all matters coming before the Council. The Council shall have the power to override any veto of the Mayor by a vote of five (5) or more Council members. The Council shall select a Mayor Pro Tempore from one of its own members. In the event of a temporary absence from the City, illness, or any other cause that makes the Mayor temporarily unable to perform the duties of his or her office, the Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present to perform his or her duties. However, the Mayor Pro Tempore may not cast an additional vote in the event of a tie or exercise veto powers over Council action, but may continue to exercise his or her vote as a Council member. Packet Page 48 San Bernardino - Charter6 SECTION 303. POWERS AND DUTIES OF THE MAYOR. The Mayor shall have the following powers and perform the following duties, in addition to others as specified in this Charter: (a) Attend and preside at meetings of the Council and may participate fully in all discussions, but shall not be entitled to vote except in the event of a tie, to veto a matter, and as otherwise provided in this Charter; (b) Have the authority to veto any Council action approved by fewer than five (5) members of the Council; (c) Shall participate in the vote (1) to appoint or remove the City Manager, City Attorney and City Clerk and fix their compensation and (2) to appoint or remove members of boards, commissions or committees, except committees made up wholly of less than a majority of City Council members; (d) Appoint the members and officers of Council committees (committees made up wholly of less than a majority of City Council members), and perform other duties as specified by the Council; (e) Be recognized as the head of the City government for all ceremonial purposes and by the governor for purposes of military law; (f) Be the chief spokesperson for the City; and (g) Represent the City in intergovernmental relations and establish and maintain partnerships and regional leadership roles to advance the City’s interest; and may delegate such roles to other members of the Council; and (h) Execute all ordinances, resolutions and contracts approved by the City Council except as otherwise authorized by the City Council. The Mayor shall have no administrative, appointment or removal powers except as otherwise provided in this Charter. The office of Mayor shall be a full-time position and the incumbent shall not engage in any business, professional or occupational activities that interfere with the discharge of the duties of the office. SECTION 304. MANNERS OF ACTION. Actions of the Council require a simple majority vote of the quorum present for approval unless: (a) Otherwise required for charter cities under State or Federal law; or (b) Required by this Charter to be approved by at least five affirmative votes of the Mayor and members of the Council. SECTION 305. COMPENSATION; EXPENSES. Compensation for the Mayor and Council members shall be established by ordinance following a public hearing, giving due consideration to the recommendations of an advisory commission charged with the periodic review of compensation for City-elected officials. Compensation for the Mayor shall be commensurate with that for a full-time position. No ordinance increasing such salaries shall become effective until the date of commencement of the terms of Council members elected at the next regular election. The Mayor and Council members shall receive reimbursement for actual and necessary expenses incurred in the performance of their duties of office. SECTION 306. PROHIBITIONS. (a)Holding Other Office. No Mayor or Council member shall hold any other City office or City employment during the term for which he or she was elected. No former Mayor or Council member shall hold any compensated appointive office or employment with the City until one (1) year after the expiration of the term for which he or she was elected. Packet Page 49 Charter 7 (b)Conflict of Interest. Elected and appointed officials shall adhere to conflict of interest codes as established by State law and/or City ordinance. (c)Appointments and Removals. Neither the Mayor nor any Council member shall, in any manner, control or demand the appointment or removal of any City administrative officer or employee whom the City Manager is empowered to appoint. This does not preclude the Mayor or members of the Council from expressing their views and fully and freely discussing with the City Manager anything pertaining to the appointment and removal of such officers and employees. (d)Interference with Administration. Neither the Mayor nor any Council member shall interfere with the discretion of the City Manager in the exercise or performance of his or her powers or duties. The Mayor and Council members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and shall not give orders to or attempt to direct the work of such officers and employees either publicly or privately. Inquiries may be made directly to officers and employees under the supervision of the City Manager with the knowledge and consent of the City Manager. SECTION 307. VACANCIES; FILLING OF VACANCIES. (a)Vacancies. If the Council determines any of the events enumerated in provisions of the Government Code or California Constitution pertaining to vacancies in public offices have occurred, the Council shall declare a vacancy for the office of Council member or for the office of Mayor. (b)Filling of Vacancies. The method of filling vacancies shall be as prescribed by ordinance. SECTION 308. JUDGE OF QUALIFICATIONS. The Council shall be the judge of the election and qualifications of its members and whether grounds exist for forfeiture of their office. SECTION 309. COUNCIL ORGANIZATION, MEETINGS AND RULES OF ORDER. The Council shall establish by ordinance the time, place and the method of calling meetings, the rules of order for the conduct of proceedings by the Council, and the order of succession in the event of a vacancy in the office of Mayor. ARTICLE IV: CITY MANAGER SECTION 400. CITY MANAGER APPOINTMENT, QUALIFICATIONS AND COMPENSATION. The Mayor and Council, by a vote of the Mayor and entire Council, shall appoint a City Manager and fix the City Manager’s compensation, as provided in section 304(b) of this Charter. The City Manager may be removed by the Mayor and entire Council in the same manner. The City Manager shall be appointed on the basis of education and experience in the accepted competencies and practices of local government management. The Mayor and Council shall establish and communicate clear expectations for the City Manager. An evaluation of the City Manager’s performance shall be conducted at least annually. SECTION 401. POWERS AND DUTIES. The City Manager shall be the chief executive officer of the City, responsible to the Council for the management of all City affairs placed in the City Manager’s charge by or under this Charter. The City Manager will be the sole authority for managing City operations and appointing and directing City staff, except as otherwise provided in this Charter. The City Manager shall: (a) Appoint and suspend or remove all City employees and appoint administrative officers, except as otherwise provided by law, this Charter, or established personnel rules. The City Manager may Packet Page 50 San Bernardino - Charter8 authorize any administrative officer subject to the City Manager’s direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency; (b) Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law; (c) Attend all Council meetings. The City Manager shall have the right to take part in the discussion but shall not vote; (d) Ensure the Mayor and Council are informed on all aspects of important emerging issues, including the City’s financial condition and future needs, and as part of that responsibility, brief the Mayor and Council at their meetings on the business matters before them; (e) See that all laws, provisions of this Charter, and acts of the Council are faithfully executed; (f) Prepare and submit the annual budget and capital improvement program to the Mayor and Council and implement the final budget approved by the Council to achieve the goals of the City; (g) Submit to the Mayor and Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; (h) Make such other reports as the Mayor or Council may request regarding operations; (i) Make recommendations to the Mayor and Council concerning the affairs of the City and facilitate the work of the Council in developing policy; (j) Provide staff support services for the Mayor and Council members; (k) Assist the Mayor and Council in developing long-term goals for the City and strategies to implement these goals; (l) Be accountable for the implementation of Council goals and policies and the overall performance of the City; (m) Encourage and provide staff support for regional and intergovernmental cooperation; (n) Promote partnerships among the Mayor, Council, staff, and citizens in developing public policy and building a sense of community; (o) Make business and policy recommendations based solely on his or her independent professional judgment and best practices in the interests of the City; and (p) Perform other such duties as are specified in this Charter, by ordinance, or as may be requested by the Council. ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES SECTION 501. GENERAL PROVISIONS. The City Manager may establish City departments, offices, or agencies in addition to those created by this Charter, subject to approval of the City Council, and may prescribe the functions of all departments, offices and agencies to meet the needs of the community in the most effective and efficient manner. SECTION 502. DIRECTION BY CITY MANAGER. Each City department, office and agency shall be administered by an executive appointed by and subject to the direction and supervision of the City Manager, except the Offices of the Council, Mayor, City Packet Page 51 Charter 9 Attorney and City Clerk, the Library Board of Trustees, and the Water Board, which shall be administered by their respective executive officers as provided for elsewhere in this Charter but which shall in all other respects be governed by the policies applicable to all other departments, offices and agencies. With the consent of the Council, the City Manager may serve as the executive of one or more such departments, offices or agencies. The City Manager may appoint one person to serve as the executive of two or more departments. SECTION 503. CONTINUATION OF DEPARTMENTS. All departments, agencies, offices, and services in existence at the time this Charter is adopted shall continue in the same manner as before the adoption of this Charter, unless and until changed by ordinance or other action approved by the City Council. SECTION 504. CITY ATTORNEY. A duly qualified City Attorney shall be hired by a vote of the Mayor and entire Council, as provided in section 304(b) of this Charter. The City Attorney may be removed by the Mayor and entire Council in the same manner. The City Attorney shall serve as chief legal advisor to the Council, the City Manager and all City departments, offices and agencies; shall represent the City in all legal proceedings; and shall perform any other duties prescribed by State law, this Charter or by ordinance. SECTION 505. CITY CLERK. A duly qualified City Clerk shall be hired by a vote of the Mayor and entire Council, as provided in section 304(b) of this Charter. The City Clerk may be removed by the Mayor and entire Council in the same manner. The City Clerk shall give notice of Council meetings to its members and the public, keep the journal of its proceedings, and shall perform any other duties prescribed by State law, this Charter or by ordinance. SECTION 506. DEPARTMENTAL ADMINISTRATORS; APPOINTIVE POWERS. Each departmental executive shall have the power to appoint, supervise, suspend, or remove such assistants, deputies, subordinates and employees as are provided for the department, subject to the approval of the City Manager and subject to the provisions of the personnel rules and regulations adopted by the Council. SECTION 507. SERVICES. The City shall provide for a municipal police department. The City also shall provide for community development, finance, fire and emergency medical services, information technology, library, parks and recreation, personnel, public works, water and wastewater, and such other services as the Council deems appropriate for the public’s health, safety and welfare. SECTION 508. PERSONNEL SYSTEM. All appointments and promotions of City officers and employees shall be made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of competence. The administration of employee matters shall be delegated to a personnel or human resources department. Consistent with all applicable Federal and State laws, the Council shall provide for the establishment, regulation and maintenance of a merit system and Packet Page 52 San Bernardino - Charter10 governing personnel rules and regulations necessary for the effective administration of the employees of the City’s departments, offices and agencies. Such personnel rules and regulations may include but are not limited to classification and pay plans, examinations, force reduction, removals, working conditions, provisional and exempt appointments, in-service training, grievances and relationships with employee organizations. SECTION 509. OFFICIAL BONDS. The Council shall fix by resolution the amounts and terms of the official bonds of all officers or employees who are required by the Council to acquire such bonds. All bonds shall be executed by a responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. There shall be no personal liability upon, or any right to recover against, a superior officer, or his or her bond, for any wrongful act or omission of his or her subordinate, unless such superior officer was a party to, or conspired in, such wrongful act or omission. ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES SECTION 600. GENERAL PROVISIONS. Each board, commission and committee established prior to the adoption of this Charter shall continue to exist, exercise the powers and perform the duties assigned to it upon adoption of this Charter. However, the Council may alter the structure, membership, powers and duties of boards, commissions and committees. The Council also may abolish or create particular boards, commissions and committees, provided that the Council may not abolish the Commissions or Boards specifically provided for in this Charter. The Council may grant powers and duties to boards, commissions and committees that are consistent with the provisions of this Charter. SECTION 601. APPOINTMENT, REMOVAL, TERMS OF OFFICE AND PROCEDURAL RULES. Except as provided elsewhere in this Charter, the appointment, removal, and terms of office of boards, commissions, committees and their members and the rules and regulations pertaining to the conduct of board, commission or committee business shall be as prescribed by a vote of the Mayor and entire Council, as provided in section 304(b) of this Charter. Members of boards, commissions and committees shall be residents of the City, unless exempted by ordinance or State law. SECTION 602. LIBRARY. A Library Board of Trustees consisting of five (5) members shall be appointed by a vote of the Mayor and entire Council, as provided in section 304(b) to serve without compensation. The Mayor and entire Council may remove Trustees in the same manner. The Board shall: a. Be responsible for providing adequate library services; b. Appoint a Library Director; c. Administer the Library budget allocated by the Council; d. Make and enforce all rules and regulations applicable to library services; and Packet Page 53 Charter 11 e Administer such additional matters as may be determined by ordinance. SECTION 603. WATER AND WASTEWATER. A Water Board of five (5) Commissioners shall be appointed by a vote of the Mayor and entire Council, as provided in section 304(b). Commissioners shall serve terms of six (6) years each, staggered in the same manner as at the time of the adoption of this Charter. Any one or more of these Commissioners may be removed by a vote of the Mayor and entire Council. The Board shall have the following powers and responsibilities: a. Be responsible to oversee and manage the City’s water supply, recycled water, wastewater collection and treatment (“Water and Wastewater Systems”) functions in accordance with State law. b. Employ such persons, including a general manager, as may be needed for proper administration of the City’s Water and Wastewater Systems. c. Set and collect all rates, fees and charges for operation of the Water and Wastewater Systems. d. Allocate all receipts and expenditures to separate, independent, Water and Sewer Funds in accordance with State law. e. Provide for an annual, independent audit of all water and wastewater accounts, and may provide for more frequent audits as it deems necessary. Copies of all auditors’ reports shall be filed with the City Clerk and Council. f. Compensate members of the Water Board in accordance with actions of the Water Board following public hearing. g. Collaborate with the Council, Mayor and City Manager concerning the City’s Water and Wastewater Systems. In this regard, the Council shall take such actions as may be appropriate to enforce rules and regulations of the Board. h. Establish and periodically review and revise such rules and regulations as may be appropriate for managing the City’s Water and Wastewater Systems. SECTION 604. PERSONNEL COMMISSION. A Personnel Commission consisting of five (5) members shall be appointed by a vote of the Mayor and entire Council, as provided for in section 304(b) of this Charter, to serve without compensation. The Mayor and entire Council may remove Commissioners in the same manner. The Commission’s sole responsibility shall be to hear appeals of disciplinary action by City employees, subject to the provisions of adopted labor agreements. Decisions of the Commission shall be final without further review within the City. ARTICLE VII: FINANCIAL MANAGEMENT SECTION 700. FISCAL YEAR. The fiscal year of the City shall begin on the first day of July of each year and end on the last day of June of the following year. The Council may change the fiscal year by ordinance. SECTION 701. SUBMISSION OF BUDGET AND BUDGET MESSAGE. At least sixty (60) days prior to the beginning of each fiscal year, the City Manager shall prepare and submit to the Mayor and Council the proposed budget and an accompanying message. The City Manager’s Packet Page 54 San Bernardino - Charter12 budget message shall explain the budget both in fiscal terms and in terms of the work programs, linking those programs to organizational goals and community priorities. It shall outline the proposed financial policies of the City for the ensuing fiscal year and the impact of those policies on future years. It shall describe the important features of the budget and indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes. It shall summarize the City’s debt position, including factors affecting the ability to raise resources through debt issues, and include other such material as the City Manager deems desirable. SECTION 702. BUDGET AND CAPITAL IMPROVEMENT PROGRAM. The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the City Manager deems desirable or the Council or Mayor may request for effective management and understanding of the relationship between the budget and the City’s strategic goals. In addition, the City Manager shall prepare and submit a multi-year capital improvement plan (CIP). The CIP shall be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition. The City’s budget and CIP should strive to achieve the best practice standards set by the Government Finance Officers Association (GFOA) for distinguished budget presentation. SECTION 703. COUNCIL ACTION ON THE BUDGET AND CAPITAL IMPROVEMENT PLAN. The Council shall publish a general summary of the budget and CIP and hold one (1) or more public hearings. After the public hearing(s), the Budget and CIP shall be adopted, as they may be amended, by the Council before the beginning of each fiscal year. SECTION 704. INDEPENDENT AUDIT. The Council shall provide for an annual independent audit of all City accounts and may provide for more frequent audits as it deems necessary. An independent certified public accountant or firm of such accountants shall make such audits, which should be performed in accordance with General Accepted Auditing Standards (GAAS) and Generally Accepted Governmental Auditing Standards (GAGAS). Using competitive bidding, the Council shall designate such accountant or firm for a period not to exceed five (5) years. As soon as practicable after the end of the fiscal year, a final certified audit and report shall be submitted by such accountant to the Mayor, each member of the Council, the City Manager, Finance Director and City Attorney. Three (3) additional copies shall be placed on file in the office of the City Clerk, where they shall be available for inspection by the general public, and the audit and report shall be published on the City’s website. ARTICLE VIII: ELECTIONS SECTION 800. CITY ELECTIONS. Beginning in 2018, primary and general election shall be held in said City in consolidation with the State Primary Election and the State General Election and every two (2) years thereafter. City elections shall follow the provisions and procedures of the Ttate Elections Code as applicable to general law cities. The Mayor and Council members shall be sworn in and begin their term of service upon certification of the election results, and shall serve until their successors qualify. Packet Page 55 Charter 13 To facilitate the transition of elections from odd to even numbered years, consistent with the timing of elections for state and federal offices, the terms of the Mayor and each Council member in office at the time of the adoption of this Charter shall be extended for one (1) year. SECTION 801. ELECTIVE OFFICERS; TERMS. The elective officers of the City shall consist of a Mayor and seven Council members. Council members shall continue to be elected for terms of four (4) years, with such terms staggered between the wards as established by ordinance. Each Council member shall be elected by ward by the voters within that ward. The Mayor shall continue to be elected at large for a term of four years. SECTION 802. NUMBER OF WARDS. There shall be seven (7) wards. SECTION 803. ADJUSTMENT OF WARD BOUNDARIES. Periodic adjustments to ward boundaries shall be made to maintain each in compact form and as nearly equal in population as possible, consistent with applicable State and Federal laws. ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL SECTION 900. INITIATIVE, CITIZEN REFERENDUM AND RECALL. Initiatives, citizen referenda, and recalls shall follow the procedures of the State Elections Code, as applicable to general law cities. ARTICLE X: CHARTER AMENDMENTS SECTION 1000. CHARTER AMENDMENTS. Amendments to this Charter shall be made in accordance with the procedures of the State Elections Code, as applicable to charter cities. SECTION 1001. PERIODIC REVIEW OF CHARTER. By December 2017, the Council shall establish a process to ensure the periodic review of this Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the council-manager form of government. ARTICLE XI: SEVERABILITY SECTION 1100. SEVERABILITY. If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected. If the application of the Charter or any of its provisions to any persons or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected. Packet Page 56 San Bernardino - Charter14 Packet Page 57 CHARTER INDEX (See also Municipal Code Index) -A- APPOINTMENT, REMOVAL, TERMS OF OFFICE AND PROCEDURAL RULES (FOR BOARDS, COMMISSIONS AND COMMITTEES) § 601 -B- BOARDS, COMMISSIONS AND COMMITTEES Art. VI Appointment, Removal, Terms of Office and Procedural Rules - § 601 BUDGET AND CAPITAL IMPROVEMENT PROGRAM § 702 BUDGET MESSAGE, SUBMISSION OF BUDGET AND § 701 -C- CAPITAL IMPROVEMENT PLAN, COUNCIL ACTION ON THE BUDGET AND § 703 CHARTER AMENDMENTS Art. X CHARTER AMENDMENTS § 1000 CITY ATTORNEY § 504 CITY CLERK § 505 CITY COUNCIL AND MAYOR Art. III CITY ELECTIONS § 800 CITY MANAGER Art. IV CITY MANAGER Appointment, Qualifications and Compensation - § 400 Direction by - § 502 Powers and Duties of - § 401 COMMITTEES, BOARDS, COMMISSIONS AND Art. VI COMPENSATION; EXPENSES § 305 COMPOSITION, ELIGIBILITY, AND TERMS § 301 CONTINUATION OF DEPARTMENTS § 503 COUNCIL ACTION ON THE BUDGET AND CAPITAL IMPROVEMENT PLAN § 703 COUNCIL ORGANIZATION, MEETINGS AND RULES OF ORDER § 309 -D- DEPARTMENTAL ADMINISTRATORS Appointive Powers - § 506 DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES 15 Packet Page 58 San Bernardino - Charter16 Art. V DIRECTION BY CITY MANAGER § 502 -E- ELECTIONS Art. VIII ELECTIVE OFFICERS Terms - § 801 -F- FINANCIAL MANAGEMENT Art. VII FISCAL YEAR § 700 FORM OF GOVERNMENT Art. II; § 200 -G- GENERAL POWERS AND DUTIES Mayor and Common Council - § 300 GENERAL PROVISIONS Boards, Commissions and Committees - § 600 Departments, Services, Officers and Employees - § 501 -H- -I- INDEPENDENT AUDIT § 704 INITIATIVE, CITIZEN REFERENDUM AND RECALL Art. IX; § 900 INTERGOVERNMENTAL RELATIONS - § 104 INTERPRETATION OF POWERS - § 102 -J- JUDGE OF QUALIFICATIONS City Council and Mayor - § 308 -K- -L- LIBRARY - § 602 -M- MAYOR Manners of Action - § 304 Powers and Duties of the - § 303 -N- NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION, INTERGOVERNMENTAL RELATIONS Art. I; § 100 WARDS Number of - § 802 -O- OFFICIAL BONDS Departments, services, officers and employees - § 509 -P- PERIODIC REVIEW OF CHARTER - § 1001 PERSONNEL COMMISSION - § 604 PERSONNEL SYSTEM § 508 POWERS AND DUTIES OF City Manager - § 401 Council - § 302 Mayor - § 303 POWERS OF City - § 101 Packet Page 59 Charter Index 17 PROHIBITIONS - § 306 -Q- -R- RIGHTS AND SUCCESSION § 103 -S- SERVICES - § 507 SEVERABILITY Art. XI; § 1100 SUBMISSION OF BUDGET AND BUDGET MESSAGE § 701 -T- -U- -V- VACANCIES Filling of Vacancies - § 307 -W- WATER AND WASTEWATER § 603 -X- -Y- -Z- Packet Page 60 San Bernardino - Charter18 Packet Page 61 TITLE 1: GENERAL PROVISIONS Chapter 1.01. CODE ADOPTION 1.04. GENERAL PROVISIONS 1.08. RESOLUTIONS AND ORDINANCES 1.12. GENERAL PENALTY 1.16. BOUNDARIES OF WARDS 1.20. WORKING OF PROBATIONERS ON PUBLIC PROPERTY 1.24. DESIGNATION OF OLD CITY 1.26. TIME LIMITATION FOR ADMINISTRATIVE MANDAMUS PROCEEDINGS 1.28. ADMINISTRATIVE AND LEGISLATIVE INTERPRETATION AND PRACTICE - CHARTERRESERVED 1 Packet Page 62 San Bernardino - General Provisions2 Packet Page 63 CHAPTER 1.01: CODE ADOPTION Section 1.01.010 Adoption 1.01.020 Title - citation - reference 1.01.030 Codification authority 1.01.040 Ordinances passed prior to adoption of the code 1.01.050 Reference applies to all amendments 1.01.060 Title, chapter and section headings 1.01.070 Reference to specific ordinances 1.01.080 Effect of code on past actions and obligations 1.01.090 Effective date 1.01.100 Constitutionality Statutory reference: For provisions authorizing cities to codify their ordinances, see Cal. Gov’t Code, §§ 50022.1 through 50022.8 and 50022.10. § 1.01.010 ADOPTION. Pursuant to the provisions of Cal. Gov’t Code, §§ 50022.1 through 50022.8 and 50022.10, there is adopted the “San Bernardino Municipal Code,” together with those secondary codes adopted by reference as authorized by the state legislature, save and except those portions of the secondary codes as are deleted or modified by the provisions of the “San Bernardino Municipal Code.” (Ord. 3981, passed 10-29-1980) § 1.01.020 TITLE - CITATION - REFERENCE. (A) This code shall be known as the “San Bernardino Municipal Code” and it shall be sufficient to refer to said code as the “San Bernardino Municipal Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. (B) It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the “San Bernardino Municipal Code.” (C) Further reference may be had to the titles, chapters, sections and divisions of the “San Bernardino Municipal Code” and such references shall apply to that numbered title, chapter, section or division as it appears in the code. (Ord. 3981, passed 10-29-1980) § 1.01.030 CODIFICATION AUTHORITY. This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the city codified pursuant to the provisions of Cal. Gov’t Code, §§ 50022.1 through 50022.8 and 50022.10. (Ord. 3981, passed 10-29-1980) § 1.01.040 ORDINANCES PASSED PRIOR TO ADOPTION OF THE CODE. The last ordinance included in this code at the time of its adoption was Ordinance 3848, passed July 9, 1979. The following ordinances, passed subsequent to Ordinance 3848, but prior to adoption of this code, are made a part of this code: Ordinances 3849, 3850, 3851, 3852, 3853, 3854, 3855, 3856, 3857, 3858, 3859, 3860, 3861, 3862, 3863, 3864, 3865, 3866, 3867, 3868, 3869, 3870, 3871, 3872, 3873, 3874, 3875, 3876, 3877, 3878, 3879, 3880, 3881, 3882, 3883, 3884, 3885, 3886, 3887, 3888, 3889, 3890, 3891, 3892, 3893, 3894, 3895, 3896, 3897, 3898, 3 Packet Page 64 San Bernardino - General Provisions4 3899, 3900, 3901, 3902, 3903, 3904, 3905, 3906, 3907, 3908, 3909, 3910, 3911, 3912, 3913, 3914, 3915, 3916, 3917, 3918, 3919, 3920, 3921, 3922, 3923, 3924, 3925, 3926, 3927, 3928, 3929, 3930, 3931, 3932, 3933, 3934, 3935, 3936, 3937, 3938, 3939, 3940, 3941, 3942, 3943, 3944, 3945, 3946, 3947, 3948, 3949, 3950, 3951, 3952, 3953, 3954, 3955, 3956, 3957, 3958, 3959, 3960, 3961, 3962, 3963, 3964, 3965, 3966, 3967, 3968, 3971, 3974, 3976 and 3977. (Ord. 3981, passed 10-29-1980; Ord. MC-36, passed 3-25-1981) § 1.01.050 REFERENCE APPLIES TO ALL AMENDMENTS. Whenever a reference is made to this code as the “San Bernardino Municipal Code” or to any portion thereof, or to any ordinance of the city, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. (Ord. 3981, passed 10-29-1980) § 1.01.060 TITLE, CHAPTER AND SECTION HEADINGS. Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. (Ord. 3981, passed 10-29-1980) § 1.01.070 REFERENCE TO SPECIFIC ORDINANCES. The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 3981, passed 10-29-1980) § 1.01.080 EFFECT OF CODE ON PAST ACTIONS AND OBLIGATIONS. Neither the adoption of this code nor the repeal or amendment of any ordinance or part or portion of any ordinance of the city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. (Ord. 3981, passed 10-29-1980) § 1.01.090 EFFECTIVE DATE. This code shall become effective on the date the ordinance adopting this code as the “San Bernardino Municipal Code” shall become effective. (Ord. 3981, passed 10-29-1980) § 1.01.100 CONSTITUTIONALITY. If any section, division, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The Mayor and CommonCity Council declare that it would have passed this code, and each section, division, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, divisions, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Ord. 3981, passed 10-29-1980) Packet Page 65 Code Adoption 5 Packet Page 66 San Bernardino - General Provisions6 Packet Page 67 CHAPTER 1.04: GENERAL PROVISIONS Section 1.04.010 Definitions 1.04.020 Title of office 1.04.030 Interpretation of language 1.04.040 Grammatical interpretation 1.04.050 Acts by agents 1.04.060 Prohibited acts include causing and permitting 1.04.070 Computation of time 1.04.080 Construction 1.04.090 Repeal shall not revive any ordinances 1.04.100 Rewards § 1.04.010 DEFINITIONS. For the purpose of this code of ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CITY. The City of San Bernardino, California, or the area within the territorial limits of the City of San Bernardino, California, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision. COUNCIL. The CommonCity Council of the City of San Bernardino. ALL ITS MEMBERS or ALL COUNCIL MEMBERS means the total number of Council members holding office. COUNTY. The County of San Bernardino. LAW. Denotes applicable federal law, the California Constitution and statutes of the State of California, the ordinances of the City of San Bernardino and, when appropriate, any and all rules and regulations which may be promulgated thereunder. MAY. The act referred to is permissive. MONTH. A calendar month. MUST and SHALL. The acts referred to are each mandatory. OATH. Includes an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an OATH, and in such cases the words SWEAR and SWORN shall be equivalent to the words AFFIRM and AFFIRMED. OWNER. Applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, of the whole or a part of such building or land. PERSON. Includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization or the manager, lessee, agent, servant, officer or employee of any of them. PERSONAL PROPERTY. Includes money, goods, chattels, things in action and evidences of debt. PRECEDING and FOLLOWING. Next before and next after, respectively. PROPERTY. Includes real and personal property. REAL PROPERTY. Includes lands, tenements and hereditaments. SIDEWALKS. The portion of a street intended for the use of pedestrians. STATE. The State of California. 7 Packet Page 68 San Bernardino - General Provisions8 STREET. Includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in the City of San Bernardino, which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state. TENANT and OCCUPANT. Applied to a building or land, include any person who occupies the whole or a part of such building or land, whether alone or with others. WRITTEN. Includes printed, typewritten, mimeographed, multigraphed or otherwise reproduced in permanent visible form. YEAR. A calendar year. (Ord. 3843, passed 7-11-1979) § 1.04.020 TITLE OF OFFICE. Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city. (Ord. 3843, passed 7-11-1979) § 1.04.030 INTERPRETATION OF LANGUAGE. All words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. (Ord. 3843, passed 7-11-1979) § 1.04.040 GRAMMATICAL INTERPRETATION. The following grammatical rules shall apply to the ordinances and resolutions of the city unless it is apparent from the content that a different construction is intended. (A)Gender. Each gender includes the masculine, feminine and neuter genders. (B)Singular and plural. The singular number includes the plural and the plural includes the singular. (C)Tenses. Words used in the present tense include the past and the future tenses and vice versa unless manifestly inapplicable. (Ord. 3843, passed 7-11-1979) § 1.04.050 ACTS BY AGENTS. When an act is required by an ordinance or resolution, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed to include all such acts performed by an authorized agent. (Ord. 3843, passed 7-11-1979) § 1.04.060 PROHIBITED ACTS INCLUDE CAUSING AND PERMITTING. Whenever, in the ordinances of the city, any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. 3843, passed 7-11-1979) § 1.04.070 COMPUTATION OF TIME. Except when otherwise provided, the time within which an act is required to be done shall be computed by excluding the first day and including the last day, unless the last day is Sunday or a holiday, in which case it shall also be excluded. (Ord. 3843, passed 7-11-1979) § 1.04.080 CONSTRUCTION. The provisions of the ordinances of the city, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice. (Ord. 3843, passed 7-11-1979) Packet Page 69 General Provisions 9 § 1.04.090 REPEAL SHALL NOT REVIVE ANY ORDINANCES. The repeal of an ordinance shall not repeal the repealing clause of an ordinance or revive any ordinance which has been repealed thereby. (Ord. 3843, passed 7-11-1979) § 1.04.100 REWARDS. (A) The Mayor and CommonCity Council may, by resolution, establish a reward of not to exceed $1,000 for anyone providing information leading to the arrest and conviction of any person for the commission of a misdemeanor or infraction within the city limits of the city. (B) If the reward is payable to two or more persons, it shall be divided equally between such persons. (C) Any person convicted for a violation of such misdemeanor or infraction shall be liable for the amount of any reward paid pursuant to this section and any resolution adopted pursuant hereto, and if he or she is an unemancipated minor, his or her parent or guardian shall be liable for the amount. (D) Nothing in this section shall limit the authority of the Mayor and Council to offer any other reward under general law. (Ord. MC-683, passed 11-20-1989) Packet Page 70 San Bernardino - General Provisions10 Packet Page 71 CHAPTER 1.08: RESOLUTIONS AND ORDINANCES Section 1.08.010 Purpose 1.08.020 Presentation to Mayor 1.08.030 Action by Mayor 1.08.040 Readoption 1.08.050 Effective dates - readoption 1.08.060 Charter amendments 1.08.070 Time is not of essence 1.08.080 Validity presumed 1.08.090 Effective dates Cross-reference: For Charter provisions on ordinances and resolutions, see City Charter, §§ 30 through 33. § 1.08.010 PURPOSE. The procedures set forth in this chapter are established to implement the provisions of Charter, § 304, which provides that resolutions and ordinances shall be adopted by a simple majority vote of the quorum of the City Council present, unless a specific different affirmative vote level is required by the Charter or for charter cities under state or federal law. All resolutions and ordinances must be approved by the Mayor, or alternatively, vetoed by the Mayor with written reasons therefor, endorsed on such resolutions or ordinances within five days after the City Clerk presents the resolutions and ordinances to the Mayor, pursuant to the requirement of § 1.08.030. (Ord. 3751, passed 8-25-1978; Ord. MC-1439, passed 4-3-2017) § 1.08.020 PRESENTATION TO MAYOR. Each resolution and ordinance adopted by the CommonCity Council shall be presented by the City Clerk to the Mayor for his or her approval or disapproval within 48 hours after the adjournment of the meeting at which the resolution or ordinance was adopted. The Mayor shall designate an employee in his or her office to receive the resolution or ordinance. In the event the Mayor is absent or unavailable during the 48-hour period, the City Clerk shall present the resolution or ordinance to any employee in the office of the Mayor who has been designated by the Mayor as his or her agent to receive such resolution or ordinance, or in the absence of the Mayor during the 48-hour period, to the Mayor Pro Tempore. (Ord. 3751, passed 8-25-1978) § 1.08.030 ACTION BY MAYOR. Within five days, excluding Saturdays, Sundays and holidays, after the City Clerk has presented the resolution or ordinance to the Mayor or the City employee designated by the Mayor, the Mayor shall approve, or if the resolution or ordinance was approved by fewer than five votes of the City Council, may veto, the resolution or ordinance stating the reason or reasons for the veto of the resolution or ordinance on a document physically attached thereto. Approval or veto is a duty and there shall be no right to fail to either approve or veto within the five-day period. In the event the Mayor is absent or otherwise unable to approve or veto the resolution or ordinance during the five-day period, the Mayor Pro Tempore, as empowered pursuant to City Charter, § 302, shall approve, but may not veto, the resolution or ordinance in like manner as the Mayor would have been empowered and required to do. In the event the Mayor approves or fails to approve or veto the resolution or ordinance within the five-day period, or in the event the Mayor Pro Tempore acting in the place of the Mayor approves or fails to approve the resolution or ordinance, the resolution or ordinance shall be deemed to be validly enacted on the date of its adoption and conclusively presumed to have been approved; provided it was adopted by the requisite number of 11 Packet Page 72 San Bernardino - General Provisions12 votes required pursuant to § 1.08.010 and the City Charter. (Ord. 3751, passed 8-25-1978; Ord. MC-1439, passed 4-3-2017) § 1.08.040 READOPTION. The approved or vetoed resolution or ordinance shall be forthwith returned to the City Clerk. The City Clerk shall place any vetoed resolution or ordinance which was adopted by fewer than five affirmative votes as the first business item on the agenda for the next meeting of the Mayor and City Council to be considered by the City Council for readoption after the resolution or ordinance is reintroduced and the reason or reasons for the veto are read by the City Clerk. In the event there are less than seven Council members present, or for any other reason, the resolution or ordinance may be continued from time to time. A motion to readopt the resolution or ordinance shall be considered and voted upon by the City Council. Five or more affirmative votes shall be necessary to validly readopt the resolution or ordinance. (Ord. 3751, passed 8-25-1978; Ord. MC-1439, passed 4-3-2017) § 1.08.050 EFFECTIVE DATES - READOPTION. The resolution or ordinance which was disapproved, or neither approved nor disapproved, within the five-day period, and which has been validly readopted and enacted, shall take effect as if approved by the Mayor. Such resolution shall take effect upon the date of its readoption and enactment. (Ord. 3751, passed 8-25-1978) § 1.08.060 CHARTER AMENDMENTS. Amendments to the Charter shall be made in accordance with the procedures of the California Elections Code, as applicable to charter cities. (Ord. 3751, passed 8-25-1978; Ord. MC-1439, passed 4-3-2017) § 1.08.070 TIME IS NOT OF ESSENCE. The failure of the City Clerk, Mayor or Mayor Pro Tempore to comply with any of the ministerial acts provided for in this chapter or the periods of time for: (A) Presenting the resolution or ordinance to the Mayor; (B) Approving or vetoing the resolution or ordinance; and (C) Readopting a vetoed resolution or ordinance at the next meeting of the City Council shall not invalidate a resolution or ordinance which has been otherwise validly adopted, readopted or enacted pursuant to this chapter and the City Charter, § 304.5. (Ord. 3751, passed 8-25-1978; Ord. MC-1439, passed 4-3-2017) § 1.08.080 VALIDITY PRESUMED. Any ordinance or resolution heretofore adopted by the City Council, which is vetoed or not approved by the Mayor in a manner other than as provided in this chapter, or which is heretofore adopted and enacted pursuant to the provisions of City Charter, § 304, as interpreted by administrative and legislative practices, shall be conclusively presumed to be valid and enforceable. (Ord. 3751, passed 8-25-1978; Ord. MC-1439, passed 4-3-2017) § 1.08.090 EFFECTIVE DATES. (A) Each ordinance of the Mayor and City Council shall take effect 30 days from and after the date of its adoption by the City Council if approved by the Mayor. Each resolution shall take effect on the date of its adoption by City Council if approved by the Mayor. (B) This section shall not be applicable to: (1) Ordinances and resolutions adopted by fewer than five affirmative votes and which are vetoed Packet Page 73 Resolutions and Ordinances 13 by the Mayor of the city within the five-day period; (2) Ordinances which contain urgency or emergency clauses providing for immediate effective dates; (3) An ordinance or resolution which contains express language providing for an effective date for such ordinance or resolution; (4) Ordinances and resolutions adopted by five or more affirmative votes of the City Council which are not approved within the five-day period by the Mayor, which shall be deemed to take effect upon adoption by the City Council; and (5) Ordinances and resolutions relating to Charter amendments as provided in § 1.08.060. (Ord. 3751, passed 8-25-1978; Ord. MC-1439, passed 4-3-2017) Packet Page 74 San Bernardino - General Provisions14 Packet Page 75 CHAPTER 1.12: GENERAL PENALTY Section 1.12.010 Designated 1.12.020 Separate offense Cross-reference: For Charter provisions authorizing the City Council to impose penalties for ordinance violations of not to exceed $500 or six months, or both, see City Charter, § 40(r). § 1.12.010 DESIGNATED. (A) The punishment for any offense declared to be a misdemeanor or declared to be unlawful with no designation as to the nature of the offense by the Charter or an ordinance, except in cases where a different offense or a different punishment is prescribed by ordinance or any applicable law of this state, is imprisonment in the county jail not exceeding six months, or a fine not exceeding $1,000, or both such imprisonment and fine. (B) The punishment for any offense declared to be an infraction by the Charter or an ordinance, excepting places where a different offense or a different punishment is prescribed by ordinance or any applicable law of this state, is a fine not exceeding $100 for a first violation; a fine not exceeding $200 for a second violation thereof within one year; and a fine not exceeding $500 for each additional violation thereof within one year. Upon conviction of a fourth violation thereof within one year, the violator is guilty of a misdemeanor, which, upon conviction thereof, is punishable as in division (A) above. (C) Payment of any fine or service of a jail sentence herein provided shall not relieve a person firm, partnership, corporation or other entity from the responsibility of correcting any condition, resulting from the violation. In addition to the above penalties, the court may order that the guilty party reimburse the city for all of its costs of investigating, analyzing and prosecuting the enforcement action against the guilty party; the court shall fix the amount of such reimbursement upon submission of proof of such costs by the city. (Ord. 2673, passed 6-27-1965; Ord. MC-455, passed 5-13-1985; Ord. MC-609, passed 9-21-1987; Ord. MC-1125, passed 6-3-2002) § 1.12.020 SEPARATE OFFENSE. Every person continuing or committing the violation of any provisions of an ordinance declaring any act or omission to be unlawful is guilty of a separate offense for each and every day or portion of any day which any violation of any provision of such ordinance is committed. (Ord. 2673, passed 6-27-1965; Ord. MC-455, passed 5-13-1985) 15 Packet Page 76 San Bernardino - General Provisions16 Packet Page 77 CHAPTER 1.16: BOUNDARIES OF WARDS Section 1.16.010 Purpose 1.16.020 First Ward 1.16.030 Second Ward 1.16.040 Third Ward 1.16.050 Fourth Ward 1.16.060 Fifth Ward 1.16.070 Sixth Ward 1.16.080 Seventh Ward § 1.16.010 PURPOSE. The ordinance codified in this chapter is adopted in order to divide the area of the city into seven wards, pursuant to Article VIII of the City Charter. (Ord. 3222, passed 1-4-1972; Ord. MC-1567, passed 12-15-2021) § 1.16.020 FIRST WARD. The region bounded and described as follows: beginning at the point of intersection of Perris Hill Rd and Unnamed 144656262 (TLID:144359581), and proceeding southerly along Perris Hill Rd to E Base Line St, and proceeding easterly along E Base Line St to Tippecanoe St, and proceeding northerly along Tippecanoe St to Unnamed 647112540 (TLID:144359678), and proceeding easterly along Unnamed 647112540 (TLID:144359678) to Unnamed 647989649 (TLID:144365740), and proceeding easterly along Unnamed 647989649 (TLID:144365740) to Conejo Dr, and proceeding southerly along Conejo Dr to Unnamed 647112470 (TLID:144365730), and proceeding southerly along Unnamed 647112470 (TLID:144365730) to E Base Line St, and proceeding easterly along E Base Line St to Glasgow Ave, and proceeding northerly along Glasgow Ave to Unnamed 647130210 (TLID:144366358), and proceeding easterly along Unnamed 647130210 (TLID:144366358) to Unnamed 647130210 (TLID:144366307), and proceeding southerly along Unnamed 647130210 (TLID:144366307) to E Base Line St, and proceeding easterly along E Base Line St to Base Line St, and proceeding easterly along Base Line St to Alamo St, and proceeding southerly along Alamo St to Unnamed 651417898 (TLID:144368115), and proceeding southerly along Unnamed 651417898 (TLID:144368115) to Unnamed 651421919 (TLID:144368109), and proceeding southerly along Unnamed 651421919 (TLID:144368109) to Unnamed 651421921 (TLID:144368454), and proceeding easterly along Unnamed 651421921 (TLID:144368454) to Unnamed 651641533 (TLID:144368097), and proceeding southerly along Unnamed 651641533 (TLID:144368097) to Unnamed 145224544 (TLID:144368083), and proceeding westerly along Unnamed 145224544 (TLID:144368083) to Warm Crk, and proceeding westerly along Warm Crk to Unnamed 647991105 (TLID:144367999), and proceeding westerly along Unnamed 647991105 (TLID:144367999) to Warm Crk, and proceeding westerly along Warm Crk to Unnamed 651712831 (TLID:144367816), and proceeding westerly along Unnamed 651712831 (TLID:144367816) to Unnamed 145220231 (TLID:144365651), and proceeding southerly along Unnamed 145220231 (TLID:144365651) to E 9th St, and proceeding easterly along E 9th St to Unnamed 144656448 (TLID:144366947), and proceeding southerly along Unnamed 144656448 (TLID:144366947) to Elmwood Rd, and proceeding southerly along Elmwood Rd to Unnamed 615019970 (TLID:144355392), and proceeding southerly along Unnamed 615019970 (TLID:144355392) to E 6th St, and proceeding westerly along E 6th St to Unnamed 651417064 (TLID:144353868), and proceeding northerly along Unnamed 651417064 (TLID:144353868) to Fairfax Ln, and proceeding 17 Packet Page 78 San Bernardino - General Provisions18 northerly along Fairfax Ln to Unnamed 651416891 (TLID:144365106), and proceeding easterly along Unnamed 651416891 (TLID:144365106) to Unnamed 651416893 (TLID:144365151), and proceeding northerly along Unnamed 651416893 (TLID:144365151) to E 9th St, and proceeding westerly along E 9th St to N Tippecanoe Ave, and proceeding southerly along N Tippecanoe Ave to Unnamed 647112735 (TLID:144358716), and proceeding westerly along Unnamed 647112735 (TLID:144358716) to Unnamed 647112736 (TLID:144358210), and proceeding westerly along Unnamed 647112736 (TLID:144358210) to Pedley Rd, and proceeding southerly along Pedley Rd to E 6th St, and proceeding westerly along E 6th St to Unnamed 647112894 (TLID:144349640), and proceeding southerly along Unnamed 647112894 (TLID:144349640) to Unnamed 647112893 (TLID:144349597), and proceeding southerly along Unnamed 647112893 (TLID:144349597) to 5th St, and proceeding easterly along 5th St to Pedley Rd, and proceeding southerly along Pedley Rd to E Monterey Ave, and proceeding westerly along E Monterey Ave to Unnamed 144734669 (TLID:144348166), and proceeding northerly along Unnamed 144734669 (TLID:144348166) to 5th St, and proceeding westerly along 5th St to Unnamed 647113095 (TLID:144347488), and proceeding northerly along Unnamed 647113095 (TLID:144347488) to E 6th St, and proceeding easterly along E 6th St to Unnamed 647113056 (TLID:144348251), and proceeding northerly along Unnamed 647113056 (TLID:144348251) to Unnamed 647113053 (TLID:144348203), and proceeding westerly along Unnamed 647113053 (TLID:144348203) to E 6th St, and proceeding westerly along E 6th St to N Waterman Ave, and proceeding southerly along N Waterman Ave to Ward St, and proceeding easterly along Ward St to Unnamed 646972504 (TLID:144316438), and proceeding southerly along Unnamed 646972504 (TLID:144316438) to Unnamed 646972505 (TLID:144316432), and proceeding southerly along Unnamed 646972505 (TLID:144316432) to 5th St, and proceeding westerly along 5th St to N Waterman Ave, and proceeding southerly along N Waterman Ave to Unnamed 144655672 (TLID:144316369), and proceeding easterly along Unnamed 144655672 (TLID:144316369) to E Monterey Ave, and proceeding easterly along E Monterey Ave to Unnamed 144655684 (TLID:144316211), and proceeding southerly along Unnamed 144655684 (TLID:144316211) to Unnamed 144655684 (TLID:144316196), and proceeding westerly along Unnamed 144655684 (TLID:144316196) to N Waterman Ave, and proceeding southerly along N Waterman Ave to E 3rd St, and proceeding easterly along E 3rd St to Unnamed 651426282 (TLID:144355286), and proceeding northerly along Unnamed 651426282 (TLID:144355286) to Unnamed 651426263 (TLID:144355468), and proceeding northerly along Unnamed 651426263 (TLID:144355468) to 5th St, and proceeding easterly along 5th St to Unnamed 651715800 (TLID:144356054), and proceeding easterly along Unnamed 651715800 (TLID:144356054) to Sterling Ave, and proceeding northerly along Sterling Ave to Unnamed 644393416 (TLID:144441553), and proceeding easterly along Unnamed 644393416 (TLID:144441553) to Unnamed 144733344 (TLID:144442117), and proceeding easterly along Unnamed 144733344 (TLID:144442117) to Cypress St, and proceeding easterly along Cypress St to Unnamed 633185440 (TLID:144442135), and proceeding southerly along Unnamed 633185440 (TLID:144442135) to Unnamed 633185439 (TLID:144437027), and proceeding southerly along Unnamed 633185439 (TLID:144437027) to Unnamed 144661367 (TLID:144437000), and proceeding southerly along Unnamed 144661367 (TLID:144437000) to 5th St, and proceeding easterly along 5th St to Unnamed 651711059 (TLID:144437481), and proceeding easterly along Unnamed 651711059 (TLID:144437481) to Leslie Ln, and proceeding southerly along Leslie Ln to 5th St, and proceeding easterly along 5th St to Unnamed 144661446 (TLID:144437596), and proceeding easterly along Unnamed 144661446 (TLID:144437596) to Roberts St, and proceeding northerly along Roberts St to E 6th St, and proceeding easterly along E 6th St to Victoria Ave, and proceeding southerly along Victoria Ave to 5th St, and proceeding easterly along 5th St to Unnamed 651693784 (TLID:144439262), and proceeding westerly al ong Unna med 651693784 (TLID:144439262) to Victoria Ave, and proceeding southerly along Victoria Ave to E 3rd St, and proceeding easterly along E 3rd St to Alabama St, and Packet Page 79 Boundaries of Wards 19 proceeding southerly along Alabama St to Unnamed 653203528 (TLID:144440600), and proceeding westerly al ong Unna med 653203528 (TLID:144440600) to Unnamed 144663103 (TLID:144440550), and proceeding westerly along Unnamed 144663103 (TLID:144440550) to Unnamed 650799998 (TLID:144440520), and proceeding southerly along Unnamed 650799998 (TLID:144440520) to Unnamed 650799995 (TLID:144438711), and proceeding westerly along Unnamed 650799995 (TLID:144438711) to Unnamed 145001430 (TLID:144438471), and proceeding westerly along Unnamed 145001430 (TLID:144438471) to Unnamed 145001427 (TLID:144438464), and proceeding southerly along Unnamed 145001427 (TLID:144438464) to Unnamed 650412522 (TLID:144438453), and proceeding southerly along Unnamed 650412522 (TLID:144438453) to Unnamed 653206701 (TLID:144436795), and proceeding westerly along Unnamed 653206701 (TLID:144436795) to Unnamed 651112994 (TLID:144436765), and proceeding westerly along Unnamed 651112994 (TLID:144436765) to Unnamed 651112993 (TLID:144436747), and proceeding westerly along Unnamed 651112993 (TLID:144436747) to Unnamed 144695857 (TLID:144436620), and proceeding westerly along Unnamed 144695857 (TLID:144436620) to Unnamed 144662806 (TLID:144436586), and proceeding westerly along Unnamed 144662806 (TLID:144436586) to Unnamed 629788827 (TLID:144436264), and proceeding westerly along Unnamed 629788827 (TLID:144436264) to Mountain View Ave, and proceeding southerly along Mountain View Ave to Unnamed 616550910 (TLID:144352127), and proceeding westerly along Unnamed 616550910 (TLID:144352127) to Unnamed 651716836 (TLID:144350825), and proceeding westerly along Unnamed 651716836 (TLID:144350825) to S Tippecanoe Ave, and proceeding northerly along S Tippecanoe Ave to Unnamed 644217699 (TLID:144350916), and proceeding northerly along Unnamed 644217699 (TLID:144350916) to E Mill St, and proceeding westerly along E Mill St to Unnamed 144659164 (TLID:144344770), and proceeding westerly along Unnamed 144659164 (TLID:144344770) to E Mill St, and proceeding westerly along E Mill St to S Allen St, and proceeding northerly along S Allen St to E Rialto Ave, and proceeding westerly along E Rialto Ave to W Rialto Ave, and proceeding westerly along W Rialto Ave to N Mount Vernon Ave, and proceeding northerly along N Mount Vernon Ave to Burlington Northern Santa Fe Rlwy, and proceeding northerly along Burlington Northern Santa Fe Rlwy to N Mount Vernon Ave, and proceeding northerly along N Mount Vernon Ave to W 4th St, and proceeding westerly along W 4th St to W Foothill Blvd, and proceeding easterly along W Foothill Blvd to Unnamed 614872079 (TLID:144113946), and proceeding westerly along Unnamed 614872079 (TLID:144113946) to Unnamed 614872080 (TLID:144127520), and proceeding northerly along Unnamed 614872080 (TLID:144127520) to W 9th St, and proceeding easterly along W 9th St to N Mount Vernon Ave, and proceeding northerly along N Mount Vernon Ave to W Base Line St, and proceeding easterly along W Base Line St to W Baseline St, and proceeding easterly along W Baseline St to W Baseline Rd, and proceeding easterly along W Baseline Rd to W Base Line St, and proceeding easterly along W Base Line St to E Base Line St, and proceeding easterly along E Base Line St to N Wall Ave, and proceeding easterly along N Wall Ave to E Base Line St, and proceeding easterly along E Base Line St to Windsor Dr, and proceeding easterly along Windsor Dr to E Base Line St, and proceeding easterly along E Base Line St to East Twin Crk, and proceeding northerly along East Twin Crk to Twin Creek Dr, and proceeding northerly along Twin Creek Dr to Unnamed 144656241 (TLID:144359290), and proceeding easterly along Unnamed 144656241 (TLID:144359290) to Barton St, and proceeding northerly along Barton St to Unnamed 144656262 (TLID:144359581), and proceeding easterly along Unnamed 144656262 (TLID:144359581) to the point of beginning. (Ord. MC-1376, passed 9-4-2012; Ord. MC-1567, passed 12-15-2021) § 1.16.030 SECOND WARD. The region bounded and described as follows: beginning at the point of intersection of N Muscupiabe Dr and Foothill Fwy, and proceeding southerly along N Muscupiabe Dr to W Colima Rd, and proceeding westerly along W Colima Rd to N Muscupiabe Dr, Packet Page 80 San Bernardino - General Provisions20 and proceeding southerly along N Muscupiabe Dr to W Highland Ave, and proceeding easterly along W Highland Ave to N D St, and proceeding easterly along N D St to W Highland Ave, and proceeding easterly along W Highland Ave to E Highland Ave, and proceeding easterly along E Highland Ave to N del Rosa Ave, and proceeding northerly along N del Rosa Ave to Foothill Fwy, and proceeding easterly along Foothill Fwy to Unnamed 647110791 (TLID:144375148), and proceeding southerly along Unnamed 647110791 (TLID:144375148) to Unnamed 647110790 (TLID:144375139), and proceeding southerly along Unnamed 647110790 (TLID:144375139) to Date Pl, and proceeding westerly along Date Pl to Unnamed 647110823 (TLID:144375101), and proceeding westerly along Unnamed 647110823 (TLID:144375101) to Chiquita Ln, and proceeding northerly along Chiquita Ln to Unnamed 647110810 (TLID:144374483), and proceeding westerly along Unnamed 647110810 (TLID:144374483) to Unnamed 647110806 (TLID:144374419), and proceeding southerly along Unnamed 647110806 (TLID:144374419) to Ulysses Ct, and proceeding westerly along Ulysses Ct to Taylor Rd, and proceeding southerly along Taylor Rd to Pumalo St, and proceeding easterly along Pumalo St to Unnamed 647128735 (TLID:144375376), and proceeding easterly along Unnamed 647128735 (TLID:144375376) to Unnamed 647128734 (TLID:144447689), and proceeding easterly along Unnamed 647128734 (TLID:144447689) to Unnamed 647128731 (TLID:144447734), and proceeding easterly along Unnamed 647128731 (TLID:144447734) to Unnamed 647128727 (TLID:144447803), and proceeding easterly along Unnamed 647128727 (TLID:144447803) to Unnamed 647128724 (TLID:144447863), and proceeding easterly along Unnamed 647128724 (TLID:144447863) to E Pumalo St, and proceeding easterly along E Pumalo St to Unnamed 144993083 (TLID:144448559), and proceeding northerly along Unnamed 144993083 (TLID:144448559) to Date St E, and proceeding easterly along Date St E to Arden Ave, and proceeding southerly along Arden Ave to Unnamed 644155234 (TLID:144451369), and proceeding southerly along Unnamed 644155234 (TLID:144451369) to E Pumalo St, and proceeding easterly along E Pumalo St to Arden Ave, and proceeding southerly along Arden Ave to Unnamed 144661137 (TLID:144451420), and proceeding easterly along Unnamed 144661137 (TLID:144451420) to Unnamed 647991082 (TLID:144452495), and proceeding northerly along Unnamed 647991082 (TLID:144452495) to Unnamed 647128521 (TLID:144452579), and proceeding northerly along Unnamed 647128521 (TLID:144452579) to Date St E, and proceeding easterly along Date St E to Sand Crk, and proceeding southerly along Sand Crk to Unnamed 651698318 (TLID:144452726), and proceeding southerly along Unnamed 651698318 (TLID:144452726) to Unnamed 651422988 (TLID:144451243), and proceeding southerly along Unnamed 651422988 (TLID:144451243) to Unnamed 651422897 (TLID:144451223), and proceeding southerly along Unnamed 651422897 (TLID:144451223) to Unnamed 651422887 (TLID:144451170), and proceeding westerly along Unnamed 651422887 (TLID:144451170) to Unnamed 651422887 (TLID:144451161), and proceeding westerly along Unnamed 651422887 (TLID:144451161) to E 20th St, and proceeding westerly along E 20th St to Valaria Dr, and proceeding southerly along Valaria Dr to Unnamed 651422761 (TLID:144450691), and proceeding westerly along Unnamed 651422761 (TLID:144450691) to Unnamed 651422693 (TLID:144450642), and proceeding southerly along Unnamed 651422693 (TLID:144450642) to Unnamed 651422689 (TLID:144450561), and proceeding southerly along Unnamed 651422689 (TLID:144450561) to Unnamed 651707125 (TLID:144450498), and proceeding southerly along Unnamed 651707125 (TLID:144450498) to E 17th St, and proceeding easterly along E 17th St to Unnamed 651422451 (TLID:144450038), and proceeding easterly along Unnamed 651422451 (TLID:144450038) to Unnamed 651422454 (TLID:144450397), and proceeding easterly along Unnamed 651422454 (TLID:144450397) to Rockford Ave, and proceeding southerly along Rockford Ave to Unnamed 651422390 (TLID:144450023), and proceeding southerly along Unnamed 651422390 (TLID:144450023) to Unnamed 651422392 (TLID:144450017), and proceeding southerly along Unnamed 651422392 (TLID:144450017) to Pacific St, and proceeding easterly along Pacific St to Unnamed 648189523 (TLID:144455368), and proceeding southerly along Unnamed 648189523 Packet Page 81 Boundaries of Wards 21 (TLID:144455368) to Unnamed 648189524 (TLID:144454925), and proceeding southerly along Unnamed 648189524 (TLID:144454925) to Baseline St, and proceeding westerly along Baseline St to Unnamed 632474365 (TLID:144445499), and proceeding northerly along Unnamed 632474365 (TLID:144445499) to Unnamed 632474368 (TLID:144445557), and proceeding northerly along Unnamed 632474368 (TLID:144445557) to Unnamed 648189539 (TLID:144445544), and proceeding westerly al ong Unna med 648189539 (TLID:144445544) to Unnamed 651422309 (TLID:144445516), and proceeding westerly along Unnamed 651422309 (TLID:144445516) to Unnamed 651422310 (TLID:144445478), and proceeding northerly along Unnamed 651422310 (TLID:144445478) to Warm Crk, and proceeding westerly along Warm Crk to Unnamed 651422160 (TLID:144443737), and proceeding northerly along Unnamed 651422160 (TLID:144443737) to Unnamed 651422159 (TLID:144442954), and proceeding westerly along Unnamed 651422159 (TLID:144442954) to Unnamed 651422157 (TLID:144442923), and proceeding northerly along Unnamed 651422157 (TLID:144442923) to Unnamed 651644128 (TLID:144443128), and proceeding northerly along Unnamed 651644128 (TLID:144443128) to Unnamed 651422023 (TLID:144443619), and proceeding northerly along Unnamed 651422023 (TLID:144443619) to Pacific St, and proceeding westerly along Pacific St to N Sterling Ave, and proceeding northerly along N Sterling Ave to E Highland Ave, and proceeding westerly along E Highland Ave to Unnamed 624343032 (TLID:144372895), and proceeding southerly along Unnamed 624343032 (TLID:144372895) to Unnamed 624343033 (TLID:144372881), and proceeding southerly along Unnamed 624343033 (TLID:144372881) to E 19th St, and proceeding westerly along E 19th St to Unnamed 144965024 (TLID:144372759), and proceeding southerly along Unnamed 144965024 (TLID:144372759) to Suzanne Ln, and proceeding northerly along Suzanne Ln to Unnamed 647111743 (TLID:144372795), and proceeding northerly along Unnamed 647111743 (TLID:144372795) to Unnamed 647111739 (TLID:144372821), and proceeding northerly along Unnamed 647111739 (TLID:144372821) to Unnamed 644210904 (TLID:144372688), and proceeding westerly along Unnamed 644210904 (TLID:144372688) to Elmwood Rd, and proceeding southerly along Elmwood Rd to Unnamed 614533436 (TLID:144372580), and proceeding westerly along Unnamed 614533436 (TLID:144372580) to del Rosa Ave, and proceeding westerly along del Rosa Ave to del Rosa Dr, and proceeding northerly along del Rosa Dr to N del Rosa Ave, and proceeding northerly along N del Rosa Ave to Unnamed 647111847 (TLID:144370953), and proceeding westerly along Unnamed 647111847 (TLID:144370953) to Unnamed 647111848 (TLID:144370283), and proceeding northerly along Unnamed 647111848 (TLID:144370283) to Unnamed 647111844 (TLID:144370238), and proceeding westerly along Unnamed 647111844 (TLID:144370238) to Monte Vista Dr, and proceeding southerly along Monte Vista Dr to Unnamed 629791001 (TLID:144369711), and proceeding southerly along Unnamed 629791001 (TLID:144369711) to Unnamed 647989650 (TLID:144369652), and proceeding southerly along Unnamed 647989650 (TLID:144369652) to 17th St, and proceeding easterly along 17th St to Unnamed 647112270 (TLID:144370328), and proceeding southerly along Unnamed 647112270 (TLID:144370328) to Pacific St, and proceeding easterly along Pacific St to Dwight Way, and proceeding southerly along Dwight Way to Unnamed 144656144 (TLID:144369607), and proceeding northerly along Unnamed 144656144 (TLID:144369607) to Pacific St, and proceeding westerly along Pacific St to Unnamed 647130057 (TLID:144369589), and proceeding northerly along Unnamed 647130057 (TLID:144369589) to Unnamed 647130058 (TLID:144369453), and proceeding westerly along Unnamed 647130058 (TLID:144369453) to Conejo Dr, and proceeding southerly along Conejo Dr to Pacific St, and proceeding westerly along Pacific St to Perris Hill Park Rd, and proceeding southerly along Perris Hill Park Rd to East Twin Crk, and proceeding southerly along East Twin Crk to Twin Creek Dr, and proceeding southerly along Twin Creek Dr to East Twin Crk, and proceeding southerly along East Twin Crk to E Base Line St, and proceeding westerly along E Base Line St to N Myrtle Dr, and proceeding westerly along N Myrtle Dr to E Base Line St, and proceeding westerly along E Base Line St to N Wall Ave, and proceeding westerly along N Wall Ave to E Packet Page 82 San Bernardino - General Provisions22 Base Line St, and proceeding westerly along E Base Line St to W Base Line St, and proceeding westerly along W Base Line St to W Baseline Rd, and proceeding westerly along W Baseline Rd to W Baseline St, and proceeding westerly along W Baseline St to W Base Line St, and proceeding westerly along W Base Line St to I-215, and proceeding northerly along I-215 to Unnamed 619660624 (TLID:144147518), and proceeding northerly along Unnamed 619660624 (TLID:144147518) to I-215, and proceeding northerly along I-215 to Foothill Fwy, and proceeding easterly along Foothill Fwy to Unnamed 614800425 (TLID:144179487), and proceeding easterly along Unnamed 614800425 (TLID:144179487) to Foothill Fwy, and proceeding easterly along Foothill Fwy to the point of beginning. (Ord. MC-1376, passed 9-4-2012; Ord. MC-1567, passed 12-15-2021) § 1.16.040 THIRD WARD. The region bounded and described as follows: (A) Beginning at the point of intersection of N Mount Vernon Ave and W 4th St, and proceeding southerly along N Mount Vernon Ave to Burlington Northern Santa Fe Rlwy, and proceeding southerly along Burlington Northern Santa Fe Rlwy to N Mount Vernon Ave, and proceeding southerly along N Mount Vernon Ave to W Rialto Ave, and proceeding easterly along W Rialto Ave to E Rialto Ave, and proceeding easterly along E Rialto Ave to S Allen St, and proceeding southerly along S Allen St to E Mill St, and proceeding easterly along E Mill St to Unnamed 144659622 (TLID:144344799), and proceeding easterly along Unname d 144659622 (TLID:144344799) to E Mill St, and proceeding easterly along E Mill St to E Mill Oh, and proceeding easterly along E Mill Oh to E Mill St, and proceeding easterly along E Mill St to S Tippecanoe Ave, and proceeding southerly along S Tippecanoe Ave to Unnamed 651716836 (TLID:144350825), and proceeding easterly along Unnamed 651716836 (TLID:144350825) to Unnamed 616550910 (TLID:144352127), and proceeding easterly along Unnamed 616550910 (TLID:144352127) to Burlington Northern Santa Fe Rlwy, and proceeding northerly along Burlington Northern Santa Fe Rlwy to Mountain View Ave, and proceeding southerly along Mountain View Ave to San Bernardino Ave, and proceeding easterly along San Bernardino Ave to Mountain View Ave, and proceeding southerly along Mountain View Ave to W Lugonia Ave, and proceeding southerly along W Lugonia Ave to Mountain View Ave, and proceeding southerly along Mountain View Ave to Unnamed 647992142 (TLID:142805890), and proceeding southerly along Unnamed 647992142 (TLID:142805890) to I-10, and proceeding westerly along I-10 to Gage Cnl, and proceeding southerly along Gage Cnl to Unnamed 144724571 (TLID:142738286), and proceeding westerly along Unnamed 144724571 (TLID:142738286) to Gage Cnl, and proceeding westerly along Gage Cnl to Barton Rd N, and proceeding westerly along Barton Rd N to Unnamed 644158897 (TLID:142721177), and proceeding westerly along Unnamed 644158897 (TLID:142721177) to Unnamed 632542621 (TLID:142721133), and proceeding westerly along Unnamed 632542621 (TLID:142721133) to Unnamed 144702102 (TLID:142720673), and proceeding westerly along Unnamed 144702102 (TLID:142720673) to S Waterman Ave, and proceeding westerly along S Waterman Ave to E Washington St N, and proceeding westerly along E Washington St N to Unnamed 652335447 (TLID:142717619), and proceeding easterly along Unnamed 652335447 (TLID:142717619) to Unnamed 652335450 (TLID:142717593), and proceeding westerly along Unnamed 652335450 (TLID:142717593) to Unnamed 652335449 (TLID:142717077), and proceeding easterly along Unnamed 652335449 (TLID:142717077) to E Washington St N, and proceeding westerly along E Washington St N to S Hunts Ln, and proceeding westerly along S Hunts Ln to Unnamed 614813576 (TLID:142723653), and proceeding westerly along Unnamed 614813576 (TLID:142723653) to Unnamed 635923807 (TLID:142723109), and proceeding westerly along Unnamed 635923807 (TLID:142723109) to Unnamed 635923808 (TLID:142723132), and proceeding westerly along Unnamed 635923808 (TLID:142723132) to Unnamed 650412308 (TLID:142713350), and proceeding Packet Page 83 Boundaries of Wards 23 northerly along Unnamed 650412308 (TLID:142713350) to Unnamed 650412307 (TLID:142712889), and proceeding northerly along Unnamed 650412307 (TLID:142712889) to Unnamed 644366987 (TLID:142713486), and proceeding northerly along Unnamed 644366987 (TLID:142713486) to Unnamed 145227331 (TLID:142713634), and proceeding northerly along Unnamed 145227331 (TLID:142713634) to Unnamed 144659235 (TLID:142713687), and proceeding northerly along Unnamed 144659235 (TLID:142713687) to E Fairway Dr, and proceeding westerly along E Fairway Dr to S Auto Plaza Dr, and proceeding northerly along S Auto Plaza Dr to Unnamed 647988155 (TLID:142710928), and proceeding westerly along Unnamed 647988155 (TLID:142710928) to Unnamed 644424929 (TLID:142710849), and proceeding northerly along Unnamed 644424929 (TLID:142710849) to Unnamed 616550868 (TLID:142710856), and proceeding northerly along Unnamed 616550868 (TLID:142710856) to Unnamed 616550867 (TLID:142710881), and proceeding northerly along Unnamed 616550867 (TLID:142710881) to Unnamed 629797992 (TLID:142710887), and proceeding northerly along Unnamed 629797992 (TLID:142710887) to Unnamed 632550573 (TLID:142710893), and proceeding northerly along Unnamed 632550573 (TLID:142710893) to Unnamed 632550575 (TLID:142710056), and proceeding westerly along Unnamed 632550575 (TLID:142710056) to Unnamed 632550575 (TLID:142709984), and proceeding easterly along Unnamed 632550575 (TLID:142709984) to E Scenic Dr, and proceeding easterly along E Scenic Dr to Unnamed 651415882 (TLID:142711353), and proceeding westerly along Unnamed 651415882 (TLID:142711353) to Unnamed 651415879 (TLID:142711343), and proceeding northerly along Unnamed 651415879 (TLID:142711343) to Unnamed 651415876 (TLID:142711377), and proceeding northerly along Unnamed 651415876 (TLID:142711377) to Unnamed 651415873 (TLID:142711405), and proceeding northerly along Unnamed 651415873 (TLID:142711405) to Unnamed 651415835 (TLID:142711420), and proceeding northerly along Unnamed 651415835 (TLID:142711420) to Unnamed 651415836 (TLID:142711536), and proceeding northerly along Unnamed 651415836 (TLID:142711536) to Unnamed 650412358 (TLID:142711545), and proceeding westerly along Unnamed 650412358 (TLID:142711545) to Unnamed 651643445 (TLID:142711487), and proceeding northerly along Unnamed 651643445 (TLID:l427 l1487) to Unnamed 144724517 (TLID:142711497), and proceeding northerly along Unnamed 144724517 (TLID:142711497) to Unnamed 650412403 (TLID:142710833), and proceeding northerly along Unnamed 650412403 (TLID:142710833) to Unnamed 650412404 (TLID:144295833), and proceeding northerly along Unnamed 650412404 (TLID:144295833) to Inland Center Dr, and proceeding northerly along Inland Center Dr to Unnamed 650412437 (TLID:144295827), and proceeding northerly along Unnamed 650412437 (TLID:144295827) to Unnamed 632542871 (TLID:144295390), and proceeding northerly along Unnamed 632542871 (TLID:144295390) to Unnamed 644362615 (TLID:144295371), and proceeding westerly along Unnamed 644362615 (TLID:144295371) to Unnamed 644362615 (TLID:144295923), and proceeding northerly along Unnamed 644362615 (TLID:144295923) to E Grant Ave, and proceeding westerly along E Grant Ave to N Mount Vernon Ave, and proceeding northerly along N Mount Vernon Ave to E Johnston St, and proceeding westerly along E Johnston St to Bordwell Ave, and proceeding northerly along Bordwell Ave to Unnamed 145226507 (TLID:144117025), and proceeding northerly along Unnamed 145226507 (TLID:144117025) to Unnamed 632556003 (TLID:144117031), and proceeding northerly along Unnamed 632556003 (TLID:144117031) to Unnamed 632556013 (TLID:144117105), and proceeding westerly along Unnamed 632556013 (TLID:144117105) to Unnamed 642197022 (TLID:144117019), and proceeding westerly along Unnamed 642197022 (TLID:144117019) to Unnamed 642197021 (TLID:144117123), and proceeding northerly along Unnamed 642197021 Packet Page 84 San Bernardino - General Provisions24 (TLID:144117123) to Unnamed 632555787 (TLID:144117144), and proceeding westerly along Unnamed 632555787 (TLID:144117144) to Unnamed 632555446 (TLID:144116923), and proceeding southerly along Unnamed 632555446 (TLID:144116923) to Unnamed 632555497 (TLID:144116911), and proceeding southerly along Unnamed 632555497 (TLID:144116911) to Unnamed 632555529 (TLID:144116904), and proceeding westerly al ong Unna med 632555529 (TLID:144116904) to Unnamed 632556815 (TLID:144116600), and proceeding westerly along Unnamed 632556815 (TLID:144116600) to Unnamed 632556814 (TLID:144116295), and proceeding westerly along Unnamed 632556814 (TLID:144116295) to Unnamed 632556811 (TLID:144116289), and proceeding westerly along Unnamed 632556811 (TLID:144116289) to Unnamed 632556808 (TLID:144116282), and proceeding westerly along Unnamed 632556808 (TLID:144116282) to Unnamed 632556805 (TLID:144116205), and proceeding westerly along Unnamed 632556805 (TLID:144116205) to Unnamed 644218551 (TLID:144116181), and proceeding westerly along Unnamed 644218551 (TLID:144116181) to Unnamed 632556799 (TLID:144115747), and proceeding westerly along Unnamed 632556799 (TLID:144115747) to W Mill St, and proceeding westerly along W Mill St to Unnamed 651415756 (TLID:144115570), and proceeding northerly along Unnamed 651415756 (TLID:144115570) to Unnamed 651415755 (TLID:144115577), and proceeding northerly along Unnamed 651415755 (TLID:144115577) to Unnamed 653243684 (TLID:144115802), and proceeding northerly along Unnamed 653243684 (TLID:144115802) to Unnamed 651415728 (TLID:144120233), and proceeding westerly along Unnamed 651415728 (TLID:144120233) to Unnamed 650412669 (TLID:144112121), and proceeding westerly along Unnamed 650412669 (TLID:144112121) to Unnamed 650412668 (TLID:144107838), and proceeding southerly along Unnamed 650412668 (TLID:144107838) to Unnamed 651415628 (TLID:144107488), and proceeding southerly along Unnamed 651415628 (TLID:144107488) to Unnamed 651415631 (TLID:144107423), and proceeding westerly along Unnamed 651415631 (TLID:144107423) to Unnamed 651415634 (TLID:144107390), and proceeding westerly al ong Unna med 651415634 (TLID:144107390) to Unnamed 652335297 (TLID:144106654), and proceeding westerly along Unnamed 652335297 (TLID:144106654) to Unnamed 652335299 (TLID:144106521), and proceeding westerly along Unnamed 652335299 (TLID:144106521) to Unnamed 651415686 (TLID:144110384), and proceeding northerly along Unnamed 651415686 (TLID:144110384) to Unnamed 651415685 (TLID:144110354), and proceeding westerly along Unnamed 651415685 (TLID:144110354) to N Rancho Ave, and proceeding southerly along N Rancho Ave to Unnamed 651415388 (TLID:144104856), and proceeding westerly along Unnamed 651415388 (TLID:144104856) to Unnamed 651415370 (TLID:144104397), and proceeding westerly along Unnamed 651415370 (TLID:144104397) to W Mill St, and proceeding westerly along W Mill St to Unnamed 651416191 (TLID:144103581), and proceeding southerly along Unnamed 651416191 (TLID:144103581) to Unnamed 651416192 (TLID:144103482), and proceeding westerly along Unnamed 651416192 (TLID:144103482) to Unnamed 651416228 (TLID:144103435), and proceeding southerly along Unnamed 651416228 (TLID:144103435) to Unnamed 632562865 (TLID:144103402), and proceeding southerly along Unnamed 632562865 (TLID:144103402) to Unnamed 632562862 (TLID:144102833), and proceeding southerly along Unnamed 632562862 (TLID:144102833) to Unnamed 650412498 (TLID:144070047), and proceeding westerly along Unnamed 650412498 (TLID:144070047) to Unnamed 650714955 (TLID:144069669), and proceeding westerly along Unnamed 650714955 (TLID:144069669) to Burlington Northern Santa Fe Rlwy, and proceeding southerly along Burlington Northern Santa Fe Rlwy to Unnamed 650412489 (TLID:144069564), and proceeding westerly along Unnamed 650412489 (TLID:144069564) to Unnamed Packet Page 85 Boundaries of Wards 25 650412490 (TLID:144069458), and proceeding westerly al ong Unna med 650412490 (TLID:144069458) to Unnamed 144988708 (TLID:144069380), and proceeding westerly along Unnamed 144988708 (TLID:144069380) to Unnamed 144988707 (TLID:144068621), and proceeding westerly along Unnamed 144988707 (TLID:144068621) to Unnamed 614892559 (TLID:144068188), and proceeding northerly along Unnamed 614892559 (TLID:144068188) to W Randall Ave, and proceeding westerly along W Randall Ave to Unnamed 651069439 (TLID:144055532), and proceeding westerly along Unnamed 651069439 (TLID:144055532) to Unnamed 145000991 (TLID:144056846), and proceeding northerly along Unnamed 145000991 (TLID:144056846) to Unnamed 145220050 (TLID:144057000), and proceeding easterly along Unnamed 145220050 (TLID:144057000) to Unnamed 145000995 (TLID:144066595), and proceeding easterly along Unnamed 145000995 (TLID:144066595) to S Eucalyptus Ave, and proceeding northerly along S Eucalyptus Ave to E Rialto Ave, and proceeding easterly along E Rialto Ave to W Rialto Ave, and proceeding easterly along W Rialto Ave to Burlington Northern Santa Fe Rlwy, and proceeding northerly along Burlington Northern Santa Fe Rlwy to Lytle Creek Chnnl, and proceeding northerly along Lytle Creek Chnnl to W Foothill Blvd, and proceeding easterly along W Foothill Blvd to W 4th St, and proceeding easterly along W 4th St to the point of beginning; (B) Except for beginning at the point of intersection of Unnamed 651661360 (TLID:142759027) and E Cooley Ave, and proceeding easterly along Unname d 651661360 (TLID:142759027) to E Cooley Ave, and proceeding westerly along E Cooley Ave to the point of beginning; (C) Except for beginning at the point of intersection of Unnamed 650801061 (TLID:142758124) and Unnamed 650801053 (TLID:142758144), and proceeding southerly along Unnamed 650801061 (TLID:142758124) to Davidson St, and proceeding easterly along Davidson St to Curtis St, and proceeding northerly along Curtis St to Unnamed 650801053 (TLID:142758144), and proceeding northerly along Unnamed 650801053 (TLID:142758144) to the point of beginning; (D) Except for beginning at the point of intersection of S Richardson St and E Cooley Ave, and proceeding southerly along S Richardson St to Unnamed 144688763 (TLID:142758975), and proceeding easterly along Unnamed 144688763 (TLID:142758975) to E Cooley Ave, and proceeding westerly along E Cooley Ave to the point of beginning; and (E) Except for beginning at the point of intersection of E Cooley Ave and Unnamed 651426691 (TLID:142759340), and proceeding westerly along E Cooley Ave to Unnamed 651426749 (TLID:142759302), and proceeding southerly along Unnamed 651426749 (TLID:142759302) to Unnamed 651426691 (TLID:142759327), and proceeding northerly along Unnamed 651426691 (TLID:142759327) to Unnamed 651426691 (TLID:142759340), and proceeding westerly along Unnamed 651426691 (TLID:142759340) to the point of beginning. (Ord. MC-1376, passed 9-4-2012; Ord. MC-1567, passed 12-15-2021) § 1.16.050 FOURTH WARD. The region bounded and described as follows: beginning at the point of intersection of Unnamed 636041398 (TLID:144528427) and Unnamed 636041611 (TLID:144528417), and proceeding southerly along Unnamed 636041398 (TLID:144528427) to Unnamed 647153502 (TLID:144410016), and proceeding southerly along Unnamed 647153502 (TLID:144410016) to Unnamed 647153503 (TLID:144410010), and proceeding southerly along Unnamed 647153503 (TLID:144410010) to Unnamed 647153499 Packet Page 86 San Bernardino - General Provisions26 (TLID:144410049), and proceeding easterly along Unnamed 647153499 (TLID:144410049) to Unnamed 629791069 (TLID:144410890), and proceeding easterly along Unnamed 629791069 (TLID:144410890) to Unnamed 647153581 (TLID:144410919), and proceeding easterly along Unnamed 647153581 (TLID:144410919) to Unnamed 647153582 (TLID:144410943), and proceeding southerly along Unnamed 647153582 (TLID:144410943) to Old Waterman Canyon Rd, and proceeding southerly along Old Waterman Canyon Rd to Unnamed 647153613 (TLID:144410967), and proceeding southerly along Unnamed 647153613 (TLID:144410967) to Unnamed 647153614 (TLID:144434140), and proceeding southerly along Unnamed 647153614 (TLID:144434140) to Unnamed 647153812 (TLID:144434172), and proceeding easterly along Unnamed 647153812 (TLID:144434172) to Unnamed 647153808 (TLID:144434647), and proceeding easterly along Unnamed 647153808 (TLID:144434647) to Unnamed 647992326 (TLID:144435120), and proceeding easterly along Unnamed 647992326 (TLID:144435120) to Unnamed 636041635 (TLID:144435134), and proceeding southerly along Unnamed 636041635 (TLID:144435134) to Unnamed 636041638 (TLID:144435496), and proceeding easterly along Unnamed 636041638 (TLID:144435496) to Unnamed 647990263 (TLID:144514947), and proceeding easterly along Unnamed 647990263 (TLID:144514947) to Unnamed 648096410 (TLID:144515523), and proceeding easterly along Unnamed 648096410 (TLID:144515523) to Unnamed 647154727 (TLID:144516195), and proceeding southerly along Unnamed 647154727 (TLID:144516195) to Unnamed 648096392 (TLID:144516174), and proceeding southerly along Unnamed 648096392 (TLID:144516174) to Unnamed 647154723 (TLID:144514990), and proceeding westerly along Unnamed 647154723 (TLID:144514990) to Unnamed 647154720 (TLID:144514669), and proceeding westerly al ong Unna med 647154720 (TLID:144514669) to Daley Canyon Trk Tri, and proceeding westerly along Daley Canyon Trk Tri to Unnamed 647154713 (TLID:144433880), and proceeding southerly along Unnamed 647154713 (TLID:144433880) to Unnamed 647989318 (TLID:144433861), and proceeding westerly along Unnamed 647989318 (TLID:144433861) to Unnamed 647155158 (TLID:144433743), and proceeding southerly along Unnamed 647155158 (TLID:144433743) to Unnamed 647990959 (TLID:144433841), and proceeding easterly along Unnamed 647990959 (TLID:144433841) to Unnamed 647155301 (TLID:144419732), and proceeding southerly along Unnamed 647155301 (TLID:144419732) to Unnamed 648352983 (TLID:144419667), and proceeding southerly along Unnamed 648352983 (TLID:144419667) to Unnamed 648352982 (TLID:144418708), and proceeding southerly along Unnamed 648352982 (TLID:144418708) to Unnamed 647155554 (TLID:144418727), and proceeding easterly along Unnamed 647155554 (TLID:144418727) to Harrison Canyon Rd, and proceeding southerly along Harrison Canyon Rd to E 40th St, and proceeding easterly along E 40th St to Unnamed 647155910 (TLID:144428554), and proceeding northerly along Unnamed 647155910 (TLID:144428554) to Unnamed 144654375 (TLID:144429014), and proceeding easterly along Unnamed 144654375 (TLID:144429014) to Unnamed 144660396 (TLID:144430659), and proceeding easterly along Unnamed 144660396 (TLID:144430659) to Unnamed 647990957 (TLID:144431102), and proceeding easterly along Unnamed 647990957 (TLID:144431102) to Unnamed 647156455 (TLID:144432490), and proceeding easterly along Unnamed 647156455 (TLID:144432490) to Unnamed 647156454 (TLID:144432512), and proceeding easterly along Unnamed 647156454 (TLID:144432512) to Unnamed 647156117 (TLID:144432895), and proceeding easterly along Unnamed 647156117 (TLID:144432895) to Unnamed 647156121 (TLID:144506807), and proceeding southerly along Unnamed 647156121 (TLID:144506807) to Sand Canyon Truck Tri, and proceeding southerly along Sand Canyon Truck Tri to N Sand Canyon Truck Tri, and proceeding southerly along N Sand Canyon Truck Packet Page 87 Boundaries of Wards 27 Tri to Daley Canyon Rd, and proceeding southerly along Daley Canyon Rd to Unnamed 647156131 (TLID:144506727), and proceeding easterly along Unnamed 647156131 (TLID:144506727) to Unnamed 647156129 (TLID:144506917), and proceeding easterly along Unnamed 647156129 (TILID:144506917) to Unnamed 614822709 (TLID:144507472), and proceeding easterly along Unnamed 614822709 (TLID:144507472) to Unnamed 614822670 (TLID:144507483), and proceeding easterly along Unnamed 614822670 (TLID:144507483) to Unnamed 614822669 (TLID:144514146), and proceeding easterly along Unnamed 614822669 (TLID:144514146) to Unnamed 144660551 (TLID:144514117), and proceeding southerly along Unnamed 144660551 (TLID:144514117) to Unnamed 144981042 (TLID:144510801), and proceeding southerly along Unnamed 144981042 (TLID:144510801) to Unnamed 629790979 (TLID:144510795), and proceeding southerly along Unnamed 629790979 (TLID:144510795) to Unnamed 629790978 (TLID:144510762), and proceeding southerly along Unnamed 629790978 (TLID:144510762) to Unnamed 144963697 (TLID:144509250), and proceeding southerly along Unnamed 144963697 (TLID:144509250) to N Victoria Ave, and proceeding southerly along N Victoria Ave to Unnamed 614877102 (TLID:144509200), and proceeding southerly along Unnamed 614877102 (TLID:144509200) to Unnamed 640664213 (TILID:144509176), and proceeding southerly along Unnamed 640664213 (TLID:144509176) to Unnamed 640664214 (TLID:144508565), and proceeding easterly along Unnamed 640664214 (TLID:144508565) to Unnamed 640664257 (TLID:144509278), and proceeding northerly along Unnamed 640664257 (TLID:144509278) to Unnamed 640664436 (TLID:144509973), and proceeding easterly along Unnamed 640664436 (TLID:144509973) to Unnamed 640664438 (TLID:144510052), and proceeding northerly along Unnamed 640664438 (TLID:144510052) to Unnamed 647127662 (TLID:144510137), and proceeding northerly along Unnamed 647127662 (TLID:144510137) to Unnamed 653061598 (TLID:144510524), and proceeding northerly along Unnamed 653061598 (TLID:144510524) to Unnamed 647990949 (TLID:144510598), and proceeding easterly along Unnamed 647990949 (TLID:144510598) to Unnamed 640664269 (TLID:144512162), and proceeding easterly along Unnamed 640664269 (TLID:144512162) to Unnamed 640664268 (TLID:144512362), and proceeding easterly along Unnamed 640664268 (TLID:144512362) to Unnamed 623916055 (TLID:144512690), and proceeding easterly along Unnamed 623916055 (TLID:144512690) to Unnamed 623916054 (TLID:144513879), and proceeding easterly along Unnamed 623916054 (TLID:144513879) to Unnamed 144984702 (TLID:144518342), and proceeding easterly along Unnamed 144984702 (TLID:144518342) to Unnamed 144963690 (TLID:144518353), and proceeding easterly along Unnamed 144963690 (TLID:144518353) to Unnamed 642072281 (TLID:144518672), and proceeding northerly along Unnamed 642072281 (TLID:144518672) to Unnamed 642072282 (TLID:144518937), and proceeding northerly along Unnamed 642072282 (TLID:144518937) to Unnamed 614872263 (TLID:144518974), and proceeding easterly along Unnamed 614872263 (TLID:144518974) to Unnamed 614872262 (TLID:144519028), and proceeding southerly along Unnamed 614872262 (TLID:144519028) to Unnamed 144963688 (TLID:144519062), and proceeding southerly along Unnamed 144963688 (TLID:144519062) to Unnamed 144963687 (TLID:144519050), and proceeding easterly along Unnamed 144963687 (TLID:144519050) to Unnamed 144963686 (TLID:144519196), and proceeding easterly along Unnamed 144963686 (TLID:144519196) to Unnamed 653171362 (TLID:144520004), and proceeding easterly along Unname d 653171362 (TLID:144520004) to Unnamed 145191878 (TLID:144520166), and proceeding easterly along Unnamed 145191878 (TLID:144520166) to Unnamed 145199453 (TLID:144520224), and proceeding easterly along Unnamed 145199453 (TLID:144520224) to Unnamed 145199452 (TLID:144520239), and proceeding easterly along Unnamed 145199452 (TLID:144520239) to Unnamed 650413311 (TLID:145489601), and proceeding Packet Page 88 San Bernardino - General Provisions28 southerly along Unnamed 650413311 (TLID:145489601) to Unnamed 650413310 (TLID:145474137), and proceeding southerly along Unnamed 650413310 (TLID:145474137) to Unnamed 614822552 (TLID:145474143), and proceeding easterly along Unnamed 614822552 (TLID:145474143) to Unnamed 647989145 (TLID:145475629), and proceeding easterly along Unnamed 647989145 (TLID:145475629) to Unnamed 145226750 (TLID:145475672), and proceeding westerly al ong Unna med 145226750 (TLID:145475672) to Unnamed 651424018 (TLID:145475588), and proceeding westerly along Unnamed 651424018 (TLID:145475588) to Unnamed 651424021 (TLID:145474114), and proceeding southerly along Unnamed 651424021 (TLID:145474114) to Emmerton Ln, and proceeding southerly along Emmerton Ln to Unnamed 651424037 (TLID:145473604), and proceeding westerly along Unnamed 651424037 (TLID:145473604) to Unnamed 651424033 (TLID:145473579), and proceeding westerly along Unnamed 651424033 (TLID:145473579) to Unnamed 651706971 (TLID:145473551), and proceeding westerly along Unnamed 651706971 (TLID:145473551) to Unnamed 651425173 (TLID:145472554), and proceeding southerly along Unnamed 651425173 (TLID:145472554) to Unnamed 651425248 (TLID:145472498), and proceeding westerly along Unnamed 651425248 (TLID:145472498) to Arroyo Vista Dr, and proceeding westerly along Arroyo Vista Dr to N Orchard Rd, and proceeding southerly along N Orchard Rd to Terrace Dr, and proceeding easterly along Terrace Dr to Unnamed 145000981 (TLID:144498256), and proceeding southerly along Unnamed 145000981 (TLID:144498256) to Fairway Ln, and proceeding westerly along Fairway Ln to Unnamed 145226648 (TLID:144498200), and proceeding westerly along Unnamed 145226648 (TLID:144498200) to Unnamed 145226648 (TLID:144497877), and proceeding westerly along Unnamed 145226648 (TLID:144497877) to Highland Ave, and proceeding westerly along Highland Ave to Unnamed 144718236 (TLID:144497467), and proceeding northerly along Unnamed 144718236 (TLID:144497467) to Highland Ave, and proceeding westerly along Highland Ave to Unnamed 614877255 (TLID:144494253), and proceeding westerly along Unnamed 614877255 (TLID:144494253) to Highland Ave, and proceeding westerly along Highland Ave to Unnamed 651423907 (TLID:144484088), and proceeding southerly along Unnamed 651423907 (TLID:144484088) to Atlantic Ave, and proceeding easterly along Atlantic Ave to Unnamed 636146884 (TLID:144484989), and proceeding easterly along Unnamed 636146884 (TLID:144484989) to Unnamed 636146885 (TLID:144485030), and proceeding easterly along Unnamed 636146885 (TLID:144485030) to Unnamed 644267012 (TLID:144485513), and proceeding easterly along Unnamed 644267012 (TLID:144485513) to N Boulder Ave, and proceeding southerly along N Boulder Ave to Pacific St, and proceeding westerly along Pacific St to La Praix St, and proceeding southerly along La Praix St to Unnamed 644362282 (TLID:144478488), and proceeding westerly along Unnamed 644362282 (TLID:144478488) to Unnamed 144984979 (TLID:144483271), and proceeding westerly along Unnamed 144984979 (TLID:144483271) to Unnamed 144984978 (TLID:144483259), and proceeding westerly al ong Unna med 144984978 (TLID:144483259) to Unnamed 614885221 (TLID:144481002), and proceeding westerly along Unnamed 614885221 (TLID:144481002) to Unnamed 614885220 (TLID:144480971), and proceeding westerly along Unnamed 614885220 (TLID:144480971) to Unnamed 614882869 (TLID:144480962), and proceeding westerly along Unnamed 614882869 (TLID:144480962) to State Hwy 30 S, and proceeding westerly along State Hwy 30 S to Pacific St, and proceeding westerly along Pacific St to Unnamed 651636760 (TLID:144479750), and proceeding northerly along Unnamed 651636760 (TLID:144479750) to N Palm Ave, and proceeding northerly along N Palm Ave to E Atlantic Ave, and proceeding westerly along E Atlantic Ave to Unnamed 614882678 (TLID:144462805), and proceeding southerly along Unnamed 614882678 (TLID:144462805) to Orange St, and proceeding southerly along Orange St to Unnamed 653186793 (TLID:144462255), and proceeding southerly along Unnamed 653186793 (TLID:144462255) to Orange St, and proceeding southerly along Orange St to E Clifton Ave, and proceeding easterly along E Clifton Ave to Unnamed 651423771 (TLID:144459818), and proceeding easterly along Unnamed 651423771 (TLID:144459818) to Unnamed 651666821 (TLID:144459797), and proceeding easterly along Packet Page 89 Boundaries of Wards 29 Unnamed 651666821 (TLID:144459797) to Unnamed 145000408 (TLID:144474290), and proceeding easterly along Unnamed 145000408 (TLID:144474290) to Unnamed 145000405 (TLID:144474366), and proceeding easterly along Unnamed 145000405 (TLID:144474366) to Palm Ave, and proceeding southerly along Palm Ave to Unnamed 651679172 (TLID:144474403), and proceeding southerly along Unnamed 651679172 (TLID:144474403) to Palm Ave, and proceeding southerly along Palm Ave to Unnamed 651703677 (TLID:144474105), and proceeding westerly along Unnamed 651703677 (TLID:144474105) to Unnamed 650713852 (TLID:144459100), and proceeding westerly along Unnamed 650713852 (TLID:144459100) to Cole Ave, and proceeding northerly along Cole Ave to 14th St, and proceeding westerly along 14th St to Unnamed 651707140 (TLID:144459286), and proceeding northerly along Unnamed 651707140 (TLID:144459286) to Unnamed 651423561 (TLID:144459376), and proceeding northerly along Unnamed 651423561 (TLID:144459376) to Fisher St, and proceeding westerly along Fisher St to Orange St, and proceeding northerly along Orange St to Unnamed 145000416 (TLID:144458553), and proceeding westerly along Unnamed 145000416 (TLID:144458553) to Central Ave, and proceeding northerly along Central Ave to Mansfield St, and proceeding westerly along Mansfield St to Unnamed 144689058 (TLID:144461600), and proceeding northerly along Unnamed 144689058 (TLID:144461600) to Pacific St, and proceeding westerly along Pacific St to Unnamed 651423212 (TLID:144460577), and proceeding northerly along Unnamed 651423212 (TLID:144460577) to Unnamed 651423187 (TLID:144460610), and proceeding northerly along Unnamed 651423187 (TLID:144460610) to Unnamed 651423182 (TLID:144460781), and proceeding northerly along Unnamed 651423182 (TLID:144460781) to Highland Ave, and proceeding westerly along Highland Ave to N Victoria Ave, and proceeding northerly along N Victoria Ave to Unnamed 144733354 (TLID:144460864), and proceeding westerly along Unnamed 144733354 (TLID:144460864) to Sand Crk, and proceeding northerly along Sand Crk to Date St E, and proceeding westerly along Date St E to Unnamed 144661044 (TLID:144453147), and proceeding northerly along Unnamed 144661044 (TLID:144453147) to Unnamed 644392798 (TLID:144453247), and proceeding northerly along Unnamed 644392798 (TLID:144453247) to Unnamed 144661011 (TLID:144453315), and proceeding northerly along Unnamed 144661011 (TLID:144453315) to Unnamed 144661000 (TLID:144504692), and proceeding northerly along Unnamed 144661000 (TLID:144504692) to Unnamed 144661000 (TLID:144504781), and proceeding westerly along Unnamed 144661000 (TLID:144504781) to E Lynwood Dr, and proceeding westerly along E Lynwood Dr to Unnamed 144660962 (TLID:144503552), and proceeding northerly along Unnamed 144660962 (TLID:144503552) to Arden Ave, and proceeding southerly along Arden Ave to E Lynwood Dr, and proceeding westerly along E Lynwood Dr to Unnamed 647128114 (TLID:144500977), and proceeding northerly along Unnamed 647128114 (TLID:144500977) to Unnamed 647128111 (TLID:144500942), and proceeding westerly al ong Unna med 647128111 (TLID:144500942) to Unnamed 647128108 (TLID:144500860), and proceeding westerly along Unnamed 647128108 (TLID:144500860) to Unnamed 647128105 (TLID:144500841), and proceeding westerly along Unnamed 647128105 (TLID:144500841) to Unnamed 647128101 (TLID:144500822), and proceeding southerly along Unnamed 647128101 (TLID:144500822) to E Lynwood Dr, and proceeding westerly along E Lynwood Dr to Unnamed 647990540 (TLID:144425723), and proceeding northerly along Unnamed 647990540 (TLID:144425723) to Marshall Blvd E, and proceeding westerly along Marshall Blvd E to E Marshall Blvd, and proceeding westerly along E Marshall Blvd to Unnamed 647110406 (TLID:144425555), and proceeding northerly along Unnamed 647110406 (TLID:144425555) to Unnamed 647110471 (TLID:144426116), and proceeding easterly along Unnamed 647110471 (TLID:144426116) to Bonnie St, and proceeding southerly along Bonnie St to Edgemont Dr, and proceeding easterly along Edgemont Dr to Unnamed 144660617 (TLID:144426143), and proceeding southerly along Unnamed 144660617 (TLID:144426143) to Marshall Blvd E, and proceeding easterly along Marshall Blvd E to Unnamed 144660987 (TLID:144505428), and Packet Page 90 San Bernardino - General Provisions30 proceeding northerly along Unnamed 144660987 (TLID:144505428) to Unnamed 144660592 (TLID:144505475), and proceeding northerly along Unnamed 144660592 (TLID:144505475) to Unnamed 144660589 (TLID:144505525), and proceeding northerly along Unnamed 144660589 (TLID:144505525) to Piedmont Dr, and proceeding westerly along Piedmont Dr to E Piedmont Dr, and proceeding westerly along E Piedmont Dr to Piedmont Dr, and proceeding westerly along Piedmont Dr to Arden Ave, and proceeding southerly along Arden Ave to Unnamed 647127951 (TLID:144504047), and proceeding westerly along Unnamed 647127951 (TLID:144504047) to Unnamed 647127947 (TLID:144501700), and proceeding westerly along Unnamed 647127947 (TLID:144501700) to Unnamed 144660544 (TLID:144501657), and proceeding westerly al ong Unna med 144660544 (TLID:144501657) to Unnamed 647127883 (TLID:144501612), and proceeding westerly along Unnamed 647127883 (TLID:144501612) to Unnamed 647127884 (TLID:144501468), and proceeding westerly along Unnamed 647127884 (TLID:144501468) to Unnamed 647127881 (TLID:144503031), and proceeding northerly along Unnamed 647127881 (TLID:144503031) to Foothill Dr, and proceeding westerly along Foothill Dr to N del Rosa Ave, and proceeding southerly along N del Rosa Ave to Eureka St, and proceeding easterly along Eureka St to Unnamed 647110375 (TLID:144425106), and proceeding southerly along Unnamed 647110375 (TLID:144425106) to Unnamed 647110379 (TLID:144425059), and proceeding southerly along Unnamed 647110379 (TLID:144425059) to E Marshall Blvd, and proceeding westerly along E Marshall Blvd to N del Rosa Ave, and proceeding southerly along N del Rosa Ave to E Lynwood Dr, and proceeding westerly along E Lynwood Dr to N Mountain Ave, and proceeding northerly along N Mountain Ave to Mountain Ave N, and proceeding northerly along Mountain Ave N to Unnamed 145000973 (TLID:144420900), and proceeding westerly al ong Unna med 145000973 (TLID:144420900) to N Fairfax Dr, and proceeding northerly along N Fairfax Dr to Unnamed 144654540 (TLID:144420912), and proceeding easterly along Unnamed 144654540 (TLID:144420912) to Mountain Ave N, and proceeding northerly along Mountain Ave N to Unnamed 144733464 (TLID:144420979), and proceeding westerly along Unnamed 144733464 (TLID:144420979) to Unnamed 144654535 (TLID:144420924), and proceeding westerly along Unnamed 144654535 (TLID:144420924) to Unnamed 144654501 (TLID:144420479), and proceeding westerly al ong Unna med 144654501 (TLID:144420479) to Unnamed 144654492 (TLID:144421872), and proceeding northerly along Unnamed 144654492 (TLID:144421872) to E 35th St, and proceeding westerly along E 35th St to Modesto Dr, and proceeding northerly along Modesto Dr to Unnamed 647109840 (TLID:144422294), and proceeding easterly along Unnamed 647109840 (TLID:144422294) to Conejo Dr, and proceeding easterly along Conejo Dr to Ferndale Ave, and proceeding northerly along Ferndale Ave to Unnamed 647109930 (TLID:144422517), and proceeding easterly along Unnamed 647109930 (TLID:144422517) to Mountain Ave N, and proceeding northerly along Mountain Ave N to Unnamed 647109745 (TLID:144423316), and proceeding westerly along Unnamed 647109745 (TLID:144423316) to Unnamed 647109746 (TLID:144423297), and proceeding westerly along Unnamed 647109746 (TLID:144423297) to Ferndale Ave, and proceeding northerly along Ferndale Ave to E Echo Dr, and proceeding westerly along E Echo Dr to Unnamed 144654435 (TLID:144428216), and proceeding northerly along Unnamed 144654435 (TLID:144428216) to E 39th St, and proceeding westerly along E 39th St to Unnamed 144654425 (TLID:144416370), and proceeding southerly along Unnamed 144654425 (TLID:144416370) to Unnamed 144654438 (TLID:144416273), and proceeding southerly along Unnamed 144654438 (TLID:144416273) to Unnamed 647110171 (TLID:144415556), and proceeding southerly along Unnamed 647110171 (TLID:144415556) to Unnamed 647110170 (TLID:144415459), and proceeding southerly along Unnamed 647110170 (TLID:144415459) to Unnamed 647110166 (TLID:144415423), and proceeding westerly along Unnamed 647110166 (TLID:144415423) to Unnamed 144654333 (TLID:144414934), and proceeding westerly al ong Unna med 144654333 (TLID:144414934) to Unnamed 144654333 (TLID:144414827), and proceeding northerly along Unnamed 144654333 (TLID:144414827) to Harrison St N, and proceeding northerly along Harrison St N to Packet Page 91 Boundaries of Wards 31 E 40th St, and proceeding westerly along E 40th St to W 40th St, and proceeding westerly along W 40th St to N Electric Ave, and proceeding southerly along N Electric Ave to N Mountain View Ave, and proceeding southerly along N Mountain View Ave to W Thompson Pl, and proceeding westerly along W Thompson Pl to N Arrowhead Ave, and proceeding westerly along N Arrowhead Ave to W Kendall Dr, and proceeding westerly along W Kendall Dr to W 40th St, and proceeding easterly along W 40th St to Unnamed 144653650 (TLID:144386947), and proceeding northerly along Unnamed 144653650 (TLID:144386947) to Johnson St, and proceeding southerly along Johnson St to Unnamed 144653715 (TLID:144386967), and proceeding easterly along Unnamed 144653715 (TLID:144386967) to Unnamed 144653723 (TLID:144396685), and proceeding easterly along Unnamed 144653723 (TLID:144396685) to Unnamed 647987739 (TLID:144396771), and proceeding easterly along Unnamed 647987739 (TLID:144396771) to Unnamed 144978728 (TLID:144396794), and proceeding easterly along Unnamed 144978728 (TLID:144396794) to N Electric Ave, and proceeding northerly along N Electric Ave to Unnamed 144978731 (TLID:144396912), and proceeding westerly al ong Unna med 144978731 (TLID:144396912) to Unnamed 145220160 (TLID:144396857), and proceeding northerly along Unnamed 145220160 (TLID:144396857) to W 41st St, and proceeding westerly along W 41st St to NF St, and proceeding northerly along N F St to W 48th St, and proceeding westerly along W 48th St to N E St, and proceeding southerly along NE St to Unnamed 145230656 (TLID:144387323), and proceeding westerly along Unnamed 145230656 (TLID:144387323) to Unnamed 144651481 (TLID:144387354), and proceeding easterly along Unnamed 144651481 (TLID:144387354) to NH St, and proceeding northerly along N H St to Unnamed 144651474 (TLID:144387432), and proceeding northerly along Unnamed 144651474 (TLID:144387432) to NH St, and proceeding northerly along N H St to W Hill Dr, and proceeding westerly along W Hill Dr to Unnamed 636817303 (TLID:144386191), and proceeding southerly along Unnamed 636817303 (TLID:144386191) to Unnamed 636817301 (TLID:144386131), and proceeding westerly along Unnamed 636817301 (TLID:144386131) to N 3rd Ave, and proceeding southerly along N 3rd Ave to Unnamed 144651464 (TLID:144385803), and proceeding northerly along Unnamed 144651464 (TLID:144385803) to W Hill Dr, and proceeding westerly along W Hill Dr to Campus Cir, and proceeding northerly along Campus Cir to Unnamed 144555374 (TLID:144405241), and proceeding easterly along Unnamed 144555374 (TLID:144405241) to Unnamed 627217834 (TLID:144405689), and proceeding easterly along Unnamed 627217834 (TLID:144405689) to Unnamed 627217833 (TLID:144405985), and proceeding easterly along Unnamed 627217833 (TLID:144405985) to Unnamed 652038818 (TLID:144406422), and proceeding easterly along Unnamed 652038818 (TLID:144406422) to Unnamed 652038817 (TLID:144408178), and proceeding easterly along Unnamed 652038817 (TLID:144408178) to Unnamed 647153354 (TLID:144409221), and proceeding northerly along Unnamed 647153354 (TLID:144409221) to Unnamed 644251622 (TLID:144410480), and proceeding northerly along Unnamed 644251622 (TLID:144410480) to Cloudland Truck Tri, and proceeding northerly along Cloudland Truck Trl to Unnamed 636041604 (TLID:144409550), and proceeding northerly along Unnamed 636041604 (TLID:144409550) to Unnamed 636041601 (TLID:144409696), and proceeding northerly along Unnamed 636041601 (TLID:144409696) to Unnamed 636041547 (TLID:144409702), and proceeding northerly along Unnamed 636041547 (TLID:144409702) to Unnamed 636041544 (TLID:144409715), and proceeding northerly along Unnamed 636041544 (TLID:144409715) to Unnamed 636041611 (TLID:144528417), and proceeding easterly along Unnamed 636041611 (TLID:144528417) to the point of beginning. (Ord. MC-1376, passed 9-4-2012; Ord. MC-1567, passed 12-15-2021) § 1.16.060 FIFTH WARD. The region bounded and described as follows: beginning at the point of intersection of Unnamed 647149986 (TLID:144253679) and Unnamed 650414396 (TLID:144245559), and proceeding easterly along Unnamed 647149986 Packet Page 92 San Bernardino - General Provisions32 (TLID:144253679) to Unnamed 647149929 (TLID:144253597), and proceeding easterly along Unnamed 647149929 (TLID:144253597) to Unnamed 650414315 (TLID:144254092), and proceeding southerly along Unnamed 650414315 (TLID:144254092) to Unnamed 647150611 (TLID:144254020), and proceeding westerly along Unnamed 647150611 (TLID:144254020) to Unnamed 647150610 (TLID:144252754), and proceeding southerly along Unnamed 647150610 (TLID:144252754) to Unnamed 627217840 (TLID:144252676), and proceeding southerly along Unnamed 627217840 (TLID:144252676) to Unnamed 647151185 (TLID:144252498), and proceeding southerly along Unnamed 647151185 (TLID:144252498) to Unnamed 647151186 (TLID:144193248), and proceeding southerly along Unnamed 647151186 (TLID:144193248) to Unnamed 647150880 (TLID:144192549), and proceeding southerly along Unnamed 647150880 (TLID:144192549) to Unnamed 647989280 (TLID:144192688), and proceeding southerly along Unnamed 647989280 (TLID:144192688) to W Frontline Rd, and proceeding southerly along W Frontline Rd to Unnamed 647151679 (TLID:144194747), and proceeding northerly along Unnamed 647151679 (TLID:144194747) to Unnamed 144736409 (TLID:144195245), and proceeding easterly along Unname d 144736409 (TLID:144195245) to Unnamed 648098719 (TLID:144195657), and proceeding southerly along Unnamed 648098719 (TLID:144195657) to Unnamed 647152267 (TLID:144194664), and proceeding southerly along Unnamed 647152267 (TLID:144194664) to Unnamed 647987233 (TLID:144405294), and proceeding easterly along Unnamed 647987233 (TLID:144405294) to Sycamore Canyon Rd, and proceeding easterly along Sycamore Canyon Rd to Unnamed 144555374 (TLID:144405241), and proceeding westerly along Unnamed 144555374 (TLID:144405241) to N Magnolia Dr, and proceeding southerly along N Magnolia Dr to Unnamed 649794939 (TLID:144189095), and proceeding westerly along Unnamed 649794939 (TLID:144189095) to N Magnolia Dr, and proceeding southerly along N Magnolia Dr to Unnamed 648099337 (TLID:144189055), and proceeding southerly along Unnamed 648099337 (TLID:144189055) to N 4th Ave, and proceeding southerly along N 4th Ave to Unnamed 144651454 (TLID:144384052), and proceeding easterly along Unnamed 144651454 (TLID:144384052) to Unnamed 144651459 (TLID:144384431), and proceeding easterly along Unnamed 144651459 (TLID:144384431) to Unnamed 144651492 (TLID:144385176), and proceeding easterly along Unname d 144651492 (TLID:144385176) to N 3rd Ave, and proceeding northerly along N 3rd Ave to Unnamed 647147014 (TLID:144385217), and proceeding easterly along Unnamed 647147014 (TLID:144385217) to Unnamed 614811990 (TLID:144385238), and proceeding southerly along Unnamed 614811990 (TLID:144385238) to W 40th St, and proceeding westerly along W 40th St to W Kendall Dr, and proceeding easterly along W Kendall Dr to N E St, and proceeding southerly along N E St to W 34th St, and proceeding westerly along W 34th St to W Edgehill Rd, and proceeding westerly along W Edgehill Rd to N H St, and proceeding southerly along N H St to Foothill Fwy, and proceeding westerly along Foothill Fwy to Unnamed 614800425 (TLID:144179487), and proceeding westerly along Unnamed 614800425 (TLID:144179487) to Foothill Fwy, and proceeding westerly along Foothill Fwy to I-215, and proceeding northerly along I-215 to Unnamed 616137078 (TLID:144164517), and proceeding easterly along Unnamed 616137078 (TLID:144164517) to I-215, and proceeding northerly along I-215 to Palm Ave, and proceeding southerly along Palm Ave to I-215, and proceeding westerly along I-215 to Unnamed 646966385 (TLID:144211107), and proceeding westerly along Unnamed 646966385 (TLID:144211107) to Unnamed 646966386 (TLID:144210138), and proceeding northerly along Unnamed 646966386 (TLID:144210138) to Unnamed 646966380 (TLID:144210147), and proceeding northerly along Unnamed 646966380 (TLID:144210147) to Unnamed 648084678 (TLID:144210157), and proceeding northerly along Unnamed 648084678 (TLID:144210157) to Unnamed 646966374 (TLID:144210202), and proceeding northerly along Unnamed 646966374 (TLID:144210202) to Unnamed 144972074 (TLID:144211182), and proceeding northerly along Unnamed 144972074 Packet Page 93 Boundaries of Wards 33 (TLID:144211182) to Unnamed 144972073 (TLID:144211195), and proceeding northerly along Unnamed 144972073 (TLID:144211195) to Unnamed 649804343 (TLID:144211435), and proceeding easterly along Unname d 649804343 (TLID:144211435) to Unnamed 648353013 (TLID:144214280), and proceeding easterly along Unnamed 648353013 (TLID:144214280) to Unnamed 649117253 (TLID:144214286), and proceeding easterly along Unnamed 649117253 (TLID:144214286) to Unnamed 649117254 (TLID:144214298), and proceeding southerly along Unnamed 649117254 (TLID:144214298) to Unnamed 646966781 (TLID:144214292), and proceeding southerly along Unnamed 646966781 (TLID:144214292) to Cable Canyon Rd, and proceeding westerly along Cable Canyon Rd to Unnamed 647147696 (TLID:144214259), and proceeding southerly along Unnamed 647147696 (TLID:144214259) to Unnamed 647147699 (TLID:144213509), and proceeding southerly along Unnamed 647147699 (TLID:144213509) to Cable Canyon Rd, and proceeding southerly along Cable Canyon Rd to Unnamed 647147705 (TLID:144213466), and proceeding southerly along Unnamed 647147705 (TLID:144213466) to Unnamed 651665584 (TLID:144213401), and proceeding southerly along Unnamed 651665584 (TLID:144213401) to Unnamed 647147783 (TLID:144213066), and proceeding northerly along Unnamed 647147783 (TLID:144213066) to Martin Ranch Rd, and proceeding easterly along Martin Ranch Rd to Unnamed 647147842 (TLID:144213951), and proceeding easterly along Unnamed 647147842 (TLID:144213951) to Martin Ranch Rd, and proceeding southerly along Martin Ranch Rd to Unnamed 647147836 (TLID:144213838), and proceeding southerly along Unnamed 647147836 (TLID:144213838) to W Meyers Rd, and proceeding easterly along W Meyers Rd to Unnamed 644214254 (TLID:144242394), and proceeding easterly along Unnamed 644214254 (TLID:144242394) to Unnamed 653159962 (TLID:144243336), and proceeding easterly along Unnamed 653159962 (TLID:144243336) to Unnamed 649117671 (TLID:144243626), and proceeding easterly along Unnamed 649117671 (TLID:144243626) to Unnamed 653159939 (TLID:144171637), and proceeding southerly along Unnamed 653159939 (TLID:144171637) to Unnamed 647149084 (TLID:144171650), and proceeding easterly along Unnamed 647149084 (TLID:144171650) to Unnamed 647149087 (TLID:144251197), and proceeding easterly along Unnamed 647149087 (TLID:144251197) to Unnamed 647149118 (TLID:144251307), and proceeding northerly along Unnamed 647149118 (TLID:144251307) to Unnamed 647149152 (TLID:144251437), and proceeding northerly along Unnamed 647149152 (TLID:144251437) to Unnamed 647149150 (TLID:144252255), and proceeding northerly along Unnamed 647149150 (TLID:144252255) to Unnamed 647149315 (TLID:144252209), and proceeding northerly along Unnamed 647149315 (TLID:144252209) to Unnamed 647149318 (TLID:144252184), and proceeding westerly along Unnamed 647149318 (TLID:144252184) to Unnamed 647149321 (TLID:144251875), and proceeding westerly along Unnamed 647149321 (TLID:144251875) to Unnamed 647149319 (TLID:144251717), and proceeding westerly along Unnamed 647149319 (TLID:144251717) to Unnamed 647149411 (TLID:144251578), and proceeding northerly along Unnamed 647149411 (TLID:144251578) to Unnamed 647149414 (TLID:144251614), and proceeding northerly along Unnamed 647149414 (TLID:144251614) to Unnamed 648084779 (TLID:144251620), and proceeding northerly along Unnamed 648084779 (TLID:144251620) to Unnamed 648084778 (TLID:144251761), and proceeding northerly along Unnamed 648084778 (TLID:144251761) to Unnamed 648084773 (TLID:144251859), and proceeding westerly along Unnamed 648084773 (TLID:144251859) to Unnamed 614806133 (TLID:144251853), and proceeding westerly along Unnamed 614806133 (TLID:144251853) to Unnamed 650414395 (TLID:144244684), and proceeding westerly along Unnamed 650414395 (TLID:144244684) to Unnamed 650414396 Packet Page 94 San Bernardino - General Provisions34 (TLID:144245559), and proceeding easterly along Unnamed 650414396 (TLID:144245559) to the point of beginning. (Ord. MC-1376, passed 9-4-2012; Ord. MC-1567, passed 12-15-2021) § 1.16.070 SIXTH WARD. The region bounded and described as follows: (A) Beginning at the point of intersection of Cajon Blvd and Unnamed 145000957 (TLID:144208699), and proceeding easterly along Cajon Blvd to Unnamed 646968126 (TLID:144050130), and proceeding southerly along Unnamed 646968126 (TLID:144050130) to Unnamed 646968130 (TLID:144050113), and proceeding easterly along Unnamed 646968130 (TLID:144050113) to Cajon Blvd, and proceeding southerly along Cajon Blvd to Unnamed 145219882 (TLID:144050054), and proceeding westerly along Unnamed 145219882 (TLID:144050054) to Unnamed 649804597 (TLID:144049544), and proceeding westerly along Unnamed 649804597 (TLID:144049544) to Unnamed 653206407 (TLID:144049422), and proceeding easterly along Unnamed 653206407 (TLID:144049422) to Unnamed 646969291 (TLID:144049477), and proceeding easterly along Unnamed 646969291 (TLID:144049477) to Unnamed 646969290 (TLID:144049468), and proceeding westerly along Unnamed 646969290 (TLID:144049468) to Unnamed 144734884 (TLID:144049450), and proceeding easterly along Unnamed 144734884 (TLID:144049450) to Unnamed 646969956 (TLID:144049529), and proceeding northerly along Unnamed 646969956 (TLID:144049529) to Unnamed 646969958 (TLID:144049947), and proceeding easterly along Unnamed 646969958 (TLID:144049947) to Unnamed 647988277 (TLID:144049938), and proceeding southerly along Unnamed 647988277 (TLID:144049938) to Unnamed 646970877 (TLID:144049916), and proceeding southerly along Unnamed 646970877 (TLID:144049916) to Unnamed 646970877 (TLID:144049910), and proceeding easterly along Unnamed 646970877 (TLID:144049910) to Unnamed 646970827 (TLID:144049980), and proceeding easterly along Unnamed 646970827 (TLID:144049980) to Unnamed 144734867 (TLID:144049990), and proceeding easterly along Unnamed 144734867 (TLID:144049990) to Cajon Blvd, and proceeding easterly along Cajon Blvd to Unnamed 144734862 (TLID:144158079), and proceeding southerly along Unnamed 144734862 (TLID:144158079) to Unnamed 144734859 (TLID:144050284), and proceeding southerly along Unnamed 144734859 (TLID:144050284) to Unnamed 144734854 (TLID:144049342), and proceeding southerly along Unnamed 144734854 (TLID:144049342) to Unnamed 144734851 (TLID:144156540), and proceeding southerly along Unnamed 144734851 (TLID:144156540) to Unnamed 144734848 (TLID:144156881), and proceeding easterly along Unnamed 144734848 (TLID:144156881) to Unnamed 144689227 (TLID:144156904), and proceeding easterly along Unnamed 144689227 (TLID:144156904) to Cajon Blvd, and proceeding southerly along Cajon Blvd to Palm Ave, and proceeding easterly along Palm Ave to Unnamed 646967168 (TLID:144157232), and proceeding northerly along Unnamed 646967168 (TLID:144157232) to Unnamed 647990358 (TLID:144157244), and proceeding northerly along Unnamed 647990358 (TLID:144157244) to Unnamed 616133408 (TLID:144157286), and proceeding northerly along Unnamed 616133408 (TLID:144157286) to Unnamed 616133408 (TLID:144157883), and proceeding easterly along Unnamed 616133408 (TLID:144157883) to Palm Ave, and proceeding northerly along Palm Ave to I-215, and proceeding easterly along I-215 to Unnamed 616137078 (TLID:144164517), and proceeding westerly along Unnamed 616137078 (TLID:144164517) to I-215, and proceeding southerly along I-215 to Foothill Fwy, and proceeding southerly along Foothill Fwy to I-215, and proceeding southerly along I-215 to Unname d 619660624 (TLID:144147518), and proceeding southerly along Packet Page 95 Boundaries of Wards 35 Unnamed 619660624 (TLID:144147518) to I-215, and proceeding southerly along I-215 to W Base Line St, and proceeding westerly along W Base Line St to N Mount Vernon Ave, and proceeding southerly along N Mount Vernon Ave to W 10th St, and proceeding southerly along W 10th St to N Mount Vernon Ave, and proceeding southerly along N Mount Vernon Ave to W 9th St, and proceeding westerly along W 9th St to Unnamed 614872080 (TLID:144127520), and proceeding southerly along Unnamed 614872080 (TLID:144127520) to Unnamed 614872079 (TLID:144113946), and proceeding easterly along Unnamed 614872079 (TLID:144113946) to Unnamed 614872079 (TLID:144113925), and proceeding westerly along Unnamed 614872079 (TLID:144113925) to W Foothill Blvd, and proceeding westerly along W Foothill Blvd to Lytle Creek Chnnl, and proceeding southerly along Lytle Creek Chnnl to Burlington Northern Santa Fe Rlwy, and proceeding westerly along Burlington Northern Santa Fe Rlwy to W Rialto Ave, and proceeding westerly along W Rialto Ave to Unnamed 144645069 (TLID:144073187), and proceeding northerly along Unnamed 144645069 (TLID:144073187) to Burlington Northern Santa Fe Rlwy, and proceeding easterly along Burlington Northern Santa Fe Rlwy to N Pepper Ave, and proceeding northerly along N Pepper Ave to W Foothill Blvd, and proceeding easterly along W Foothill Blvd to Unnamed 633185396 (TLID:144074790), and proceeding northerly along Unnamed 633185396 (TLID:144074790) to Unnamed 651715867 (TLID:144075319), and proceeding northerly along Unnamed 651715867 (TLID:144075319) to Unnamed 144645029 (TLID:144074652), and proceeding westerly along Unnamed 144645029 (TLID:144074652) to N Eucalyptus Ave, and proceeding northerly along N Eucalyptus Ave to Unnamed 644323406 (TLID:144074683), and proceeding easterly along Unnamed 644323406 (TLID:144074683) to Unnamed 144965758 (TLID:144075208), and proceeding easterly along Unnamed 144965758 (TLID:144075208) to W 6th St, and proceeding easterly along W 6th St to N Pepper Ave, and proceeding northerly along N Pepper Ave to Unnamed 650715800 (TLID:144092594), and proceeding easterly along Unnamed 650715800 (TLID:144092594) to N Meridian Ave, and proceeding southerly along N Meridian Ave to Unnamed 651429062 (TLID:144096104), and proceeding easterly along Unnamed 651429062 (TLID:144096104) to Unnamed 651429065 (TLID:144096863), and proceeding easterly along Unnamed 651429065 (TLID:144096863) to Unnamed 651429068 (TLID:144096950), and proceeding easterly along Unnamed 651429068 (TLID:144096950) to N Terrace Rd, and proceeding northerly along N Terrace Rd to Unnamed 650716008 (TLID:144097579), and proceeding northerly along Unnamed 650716008 (TLID:144097579) to E Base Line Rd, and proceeding westerly along E Base Line Rd to Unnamed 651440519 (TLID:144097475), and proceeding northerly along Unnamed 651440519 (TLID:144097475) to Unnamed 651440462 (TLID:144097532), and proceeding northerly along Unnamed 651440462 (TLID:144097532) to N Martin Rd, and proceeding northerly along N Martin Rd to Unnamed 645279350 (TLID:144094964), and proceeding northerly along Unnamed 645279350 (TLID:144094964) to Unnamed 651718434 (TLID:144097702), and proceeding northerly along Unnamed 651718434 (TLID:144097702) to Unnamed 651441595 (TLID:144099017), and proceeding northerly along Unnamed 651441595 (TLID:144099017) to Unnamed 145000959 (TLID:144099077), and proceeding northerly along Unnamed 145000959 (TLID:144099077) to Unnamed 636142382 (TLID:144099105), and proceeding northerly along Unnamed 636142382 (TLID:144099105) to Unnamed 651441385 (TLID:144099120), and proceeding northerly along Unnamed 651441385 (TLID:144099120) to Unnamed 651441356 (TLID:144099135), and proceeding northerly along Unnamed 651441356 (TLID:144099135) to W Highland Ave, and proceeding easterly along W Highland Ave to Unnamed 647000892 (TLID:144099850), and proceeding northerly along Unnamed 647000892 (TLID:144099850) to Unnamed 647000885 (TLID:144100209), and proceeding northerly along Packet Page 96 San Bernardino - General Provisions36 Unnamed 647000885 (TLID:144100209) to Unnamed 647000824 (TLID:144100215), and proceeding northerly along Unnamed 647000824 (TLID:144100215) to Unnamed 647000821 (TLID:144100546), and proceeding northerly along Unnamed 647000821 (TLID:144100546) to Unnamed 144684723 (TLID:144100621), and proceeding northerly along Unnamed 144684723 (TLID:144100621) to Mallory St, and proceeding easterly along Mallory St to Unnamed 144651556 (TLID:144100648), and proceeding easterly along Unnamed 144651556 (TLID:144100648) to Unnamed 647003905 (TLID:144100710), and proceeding easterly along Unnamed 647003905 (TLID:144100710) to Jennifer Ln, and proceeding southerly along Jennifer Ln to Unnamed 647003915 (TLID:144130694), and proceeding southerly along Unnamed 647003915 (TLID:144130694) to Unnamed 144651583 (TLID:144130703), and proceeding easterly along Unnamed 144651583 (TLID:144130703) to N Macy St, and proceeding southerly along N Macy St to Adams St, and proceeding easterly along Adams St to Unnamed 144651697 (TLID:144131306), and proceeding easterly along Unnamed 144651697 (TLID:144131306) to N State St, and proceeding southerly along N State St to W Highland Ave, and proceeding easterly along W Highland Ave to N California St, and proceeding northerly along N California St to W Porter St, and proceeding westerly along W Porter St to Unnamed 144994461 (TLID:144134312), and proceeding northerly along Unnamed 144994461 (TLID:144134312) to Mallory St, and proceeding easterly along Mallory St to Unnamed 647991237 (TLID:144172485), and proceeding northerly along Unnamed 647991237 (TLID:144172485) to Unnamed 647004267 (TLID:144172524), and proceeding easterly along Unnamed 647004267 (TLID:144172524) to N California St, and proceeding northerly along N California St to Unnamed 144651243 (TLID:144173409), and proceeding northerly along Unnamed 144651243 (TLID:144173409) to Unnamed 648092548 (TLID:144173393), and proceeding northerly along Unnamed 648092548 (TLID:144173393) to Unnamed 653220056 (TLID:144174011), and proceeding northerly along Unnamed 653220056 (TLID:144174011) to Burlington Northern Santa Fe Rlwy, and proceeding northerly along Burlington Northern Santa Fe Rlwy to Unnamed 144649647 (TLID:144156178), and proceeding southerly along Unnamed 144649647 (TLID:144156178) to June St, and proceeding westerly along June St to June Pl, and proceeding westerly along June Pl to San Benito Ave, and proceeding northerly along San Benito Ave to Unnamed 646991146 (TLID:144154938), and proceeding westerly along Unnamed 646991146 (TLID:144154938) to Unnamed 647987575 (TLID:144154916), and proceeding westerly along Unnamed 647987575 (TLID:144154916) to Unnamed 144689372 (TLID:144153719), and proceeding westerly along Unnamed 144689372 (TLID:144153719) to Unnamed 144689371 (TLID:144153651), and proceeding westerly along Unnamed 144689371 (TLID:144153651) to Unnamed 647990352 (TLID:144153523), and proceeding southerly along Unnamed 647990352 (TLID:144153523) to Unnamed 647989661 (TLID:144152954), and proceeding westerly along Unnamed 647989661 (TLID:144152954) to Unnamed 646974591 (TLID:144152866), and proceeding westerly along Unnamed 646974591 (TLID:144152866) to Unnamed 647987625 (TLID:144153835), and proceeding northerly along Unnamed 647987625 (TLID:144153835) to Cajon Blvd, and proceeding northerly along Cajon Blvd to Unnamed 144688372 (TLID:144153983), and proceeding westerly along Unnamed 144688372 (TLID:144153983) to Unnamed 144979241 (TLID:144151590), and proceeding westerly along Unnamed 144979241 (TLID:144151590) to Unnamed 144979240 (TLID:144151523), and proceeding westerly along Unnamed 144979240 (TLID:144151523) to Burlington Northern Santa Fe Rlwy, and proceeding southerly along Burlington Northern Santa Fe Rlwy to Unnamed 646974346 (TLID:144151325), and proceeding westerly along Unnamed 646974346 (TLID:144151325) to Unnamed 647992210 (TLID:144151279), and proceeding Packet Page 97 Boundaries of Wards 37 southerly along Unnamed 647992210 (TLID:144151279) to Unnamed 653220049 (TLID:144150830), and proceeding northerly along Unnamed 653220049 (TLID:144150830) to Unnamed 646973742 (TLID:144150820), and proceeding northerly along Unnamed 646973742 (TLID:144150820) to Unnamed 646973648 (TLID:144150862), and proceeding northerly along Unnamed 646973648 (TLID:144150862) to Unnamed 646973642 (TLID:144150810), and proceeding westerly al ong Unna med 646973642 (TLID:144150810) to Unnamed 144734920 (TLID:144150800), and proceeding westerly along Unnamed 144734920 (TLID:144150800) to Unnamed 646971797 (TLID:144046747), and proceeding westerly along Unnamed 646971797 (TLID:144046747) to Unnamed 653220036 (TLID:144049221), and proceeding northerly along Unnamed 653220036 (TLID:144049221) to Unnamed 649808942 (TLID:144049234), and proceeding northerly along Unnamed 649808942 (TLID:144049234) to Unnamed 646971092 (TLID:144049371), and proceeding northerly along Unnamed 646971092 (TLID:144049371) to Unnamed 646967946 (TLID:144048669), and proceeding northerly along Unnamed 646967946 (TLID:144048669) to Unnamed 646967810 (TLID:144048652), and proceeding northerly along Unnamed 646967810 (TLID:144048652) to Unnamed 646967807 (TLID:144208548), and proceeding northerly along Unnamed 646967807 (TLID:144208548) to Unnamed 646967628 (TLID:144208567), and proceeding northerly along Unnamed 646967628 (TLID:144208567) to Unnamed 646967629 (TLID:144208579), and proceeding northerly along Unnamed 646967629 (TLID:144208579) to Unnamed 646967626 (TLID:144208560), and proceeding northerly along Unnamed 646967626 (TLID:144208560) to Unnamed 646967623 (TLID:144208619), and proceeding northerly along Unnamed 646967623 (TLID:144208619) to Unnamed 644267485 (TLID:144208690), and proceeding northerly along Unnamed 644267485 (TLID:144208690) to Unnamed 145000957 (TLID:144208699), and proceeding northerly along Unnamed 145000957 (TLID:144208699) to the point of beginning; (B) As well as beginning at the point of intersection of Unnamed 653160124 (TLID:144198292) and Unnamed 646962861 (TLID:99474419), and proceeding southerly along Unnamed 653160124 (TLID:144198292) to Unnamed 647990945 (TLID:144198270), and proceeding westerly along Unnamed 647990945 (TLID:144198270) to Unnamed 646962906 (TLID:144198283), and proceeding northerly along Unnamed 646962906 (TLID:144198283) to Unnamed 646962861 (TLID:99474419), and proceeding northerly along Unnamed 646962861 (TLID:99474419) to the point of beginning; and (C) As well as beginning at the point of intersection of Unnamed 646963192 (TLID:144202536) and Unnamed 646963189 (TLID:144198860), and proceeding southerly along Unnamed 646963192 (TLID:144202536) to Unnamed 646963190 (TLID:144202511), and proceeding westerly along Unnamed 646963190 (TLID:144202511) to Unnamed 650709814 (TLID:144202517), and proceeding westerly along Unnamed 650709814 (TLID:144202517) to Unnamed 650709810 (TLID:144198844), and proceeding westerly al ong Unna med 650709810 (TLID:144198844) to Unnamed 650709798 (TLID:144198469), and proceeding northerly along Unnamed 650709798 (TLID:144198469) to Unnamed 646963189 (TLID:144198860), and proceeding northerly along Unnamed 646963189 (TLID:144198860) to the point of beginning. (Ord. MC-1376, passed 9-4-2012; Ord. MC-1567, passed 12-15-2021) § 1.16.080 SEVENTH WARD. Seventh District: the region bounded and described as follows: beginning at the point of intersection of Harrison St N and E 40th St, and proceeding southerly along Harrison St N to del Norte Packet Page 98 San Bernardino - General Provisions38 Dr, and proceeding easterly along del Norte Dr to Unnamed 647128853 (TLID:144413985), and proceeding westerly along Unnamed 647128853 (TLID:144413985) to Harrison St N, and proceeding southerly along Harrison St N to E Lynwood Dr, and proceeding easterly along E Lynwood Dr to N del Rosa Ave, and proceeding southerly along N del Rosa Ave to Unnamed 144656063 (TLID:144424746), and proceeding easterly along Unnamed 144656063 (TLID:144424746) to N Ironwood St, and proceeding northerly along N Ironwood St to E Lynwood Dr, and proceeding easterly along E Lynwood Dr to Merito Ave, and proceeding easterly along Merito Ave to E Lynwood Dr, and proceeding easterly along E Lynwood Dr to N Sterling Ave, and proceeding southerly along N Sterling Ave to E Citrus St, and proceeding easterly along E Citrus St to Unnamed 144992621 (TLID:144448323), and proceeding southerly along Unnamed 144992621 (TLID:144448323) to N Sterling Ave, and proceeding southerly along N Sterling Ave to Date St E, and proceeding westerly along Date St E to Unnamed 647110707 (TLID:144376007), and proceeding northerly along Unnamed 647110707 (TLID:144376007) to Unnamed 648269766 (TLID:144376070), and proceeding northerly along Unnamed 648269766 (TLID:144376070) to Unnamed 648269767 (TLID:144376037), and proceeding westerly along Unnamed 648269767 (TLID:144376037) to Unnamed 647110766 (TLID:144375225), and proceeding southerly along Unnamed 647110766 (TLID:144375225) to Unnamed 647110785 (TLID:144375169), and proceeding southerly along Unnamed 647110785 (TLID:144375169) to Foothill Fwy, and proceeding southerly along Foothill Fwy to N del Rosa Ave, and proceeding southerly along N del Rosa Ave to E Highland Ave, and proceeding westerly along E Highland Ave to Windsor Dr, and proceeding westerly along Windsor Dr to E Highland Ave, and proceeding westerly along E Highland Ave to W Highland Ave, and proceeding westerly along W Highland Ave to N D St, and proceeding westerly along ND St to W Highland Ave, and proceeding westerly along W Highland Ave to N Muscupiahe Dr, and proceeding northerly along N Muscupiahe Dr to W Colima Rd, and proceeding easterly along W Colima Rd to N Muscupiabe Dr, and proceeding northerly along N Muscupiahe Dr to Foothill Fwy, and proceeding easterly along Foothill Fwy to N H St, and proceeding northerly along N H St to W Edgehill Rd, and proceeding easterly along W Edgehill Rd to W 34th St, and proceeding easterly along W 34th St to N E St, and proceeding northerly along N E St to W Kendall Dr, and proceeding northerly along W Kendall Dr to N Arrowhead Ave, and proceeding easterly along N Arrowhead Ave to Unnamed 145230876 (TLID:144391132), and proceeding easterly along Unnamed 145230876 (TLID:144391132) to N Arrowhead Ave, and proceeding easterly along N Arrowhead Ave to W Thompson Pl, and proceeding easterly along W Thompson Pl to N Mountain View Ave, and proceeding easterly along N Mountain View Ave to N Electric Ave, and proceeding northerly along N Electric Ave to W 40th St, and proceeding easterly along W 40th St to E 40th St, and proceeding easterly along E 40th St to the point of beginning. (Ord. MC-1376, passed 9-4-2012; Ord. MC-1567, passed 12-15-2021) Packet Page 99 CHAPTER 1.20: WORKING OF PROBATIONERS ON PUBLIC PROPERTY Section 1.20.010 Compulsion to perform labor when 1.20.020 Probationer engaged under this chapter not deemed city employee § 1.20.010 COMPULSION TO PERFORM LABOR WHEN. In accordance with the provisions of Cal. Penal Code, § 1203.1 and Cal. Gov’t Code, § 25359, any or all persons granted summary probation may be compelled to perform labor under the direction of the Director of the City Parks and Recreation Department, or such other person as the court may direct, on the public works or ways, public grounds, roads, streets, alleys, highways, firebreaks, fire roads, riding or hiking trails, public buildings or in such other places in the city as deemed advisable for the benefit of the public; provided, however, that no probationer shall be compelled to perform labor who may be physically unable to do so or whose safekeeping may be endangered thereby. (Ord. 3330, passed 2-16-1973) § 1.20.020 PROBATIONER ENGAGED UNDER THIS CHAPTER NOT DEEMED CITY EMPLOYEE. No probationer engaged in the performance of labor pursuant to the provisions of this chapter shall be considered an employee of, or to be employed by, the city or any department thereof. Furthermore, no such person shall come within any of the provisions of the Workers’ Compensation Insurance and Safety Act of 1970 (Cal. Labor Code, Divisions 4 and 5) or be entitled to any benefits thereunder whether on behalf of himself or herself or any other person. (Ord. 3330, passed 2-16-1973) 39 Packet Page 100 San Bernardino - General Provisions40 Packet Page 101 CHAPTER 1.24: DESIGNATION OF OLD CITY Section 1.24.010 Reference to plat § 1.24.010 REFERENCE TO PLAT. The portion of the city designated “City of San Bernardino” on the plat thereof, recorded in Book 7 of Maps, Page 1, of the records in the County Recorder’s office, is designated as “Old City,” and in all proceedings of the Mayor and CommonCity Council, in any or all documents made or executed by any officer of the city, such portion of the city may be designated as “Old City” and, when designated, shall be deemed to mean that portion of the city shown on said map. (Ord. 821, passed 8-9-1921) 41 Packet Page 102 San Bernardino - General Provisions42 Packet Page 103 CHAPTER 1.26: TIME LIMITATIONS FOR ADMINISTRATIVE MANDAMUS PROCEEDINGS Section 1.26.010 Adoption of time limits of Section 1094.6 of the Code of Civil Procedure 1.26.020 Definition of decision 1.26.030 Preparation and payment for record and reporter’s transcript 1.26.040 Notice of time limits § 1.26.010 ADOPTION OF TIME LIMITS OF SECTION 1094.6 OF THE CODE OF CIVIL PROCEDURE. (A) Any judicial action taken to review, set aside, annul or vacate any decision, finding or action taken by the Mayor and CommonCity Council or of any commission, board, officer or agent of the city shall be filed within the time limits prescribed in Cal. Code of Civil Procedure, § 1094.6. For abatement of dangerous buildings pursuant to the provisions of Chapter 15.28, a 30-day time limitation within which a judicial action to review, set aside, annul or vacate any decision, finding or action taken by the Mayor and CommonCity Council is imposed, due to the urgency of relief required for the public health and safety. (B) If any sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of this section. (Ord. MC-85, passed 8-4-1981; Ord. MC-216, passed 10-25-1982; Ord. MC-410, passed 9-18-1984) § 1.26.020 DEFINITION OF DECISION. As used in this chapter, DECISION includes, but is not limited to, an adjudicatory administrative decision made after a hearing suspending, demoting or dismissing an officer or employee, revoking or denying an application for a permit or a license; or denying an application for any retirement benefit or allowance. (Ord. MC-85, passed 8-4-1981; Ord. MC-216, passed 10-25-1982) § 1.26.030 PREPARATION AND PAYMENT FOR RECORD AND REPORTER’S TRANSCRIPT. Upon the filing of a written request for the record of the proceedings or any portion thereof, an amount estimated to cover the actual cost of preparing the record shall be deposited in advance with the city official preparing the record. The record prepared by the city official shall include the transcript of the proceedings, other than a reporter’s transcript; all pleadings, notices, orders, final decision, exhibits admitted or rejected; all written evidence; and any other papers in the case. When a hearing has been reported by a court reporter and the petitioner desires a reporter’s transcript, the petitioner shall arrange directly with the court reporter for the transcript, pay the reporter directly and lodge the transcript with the court, serving notice of the lodging to the City Attorney. (Ord. MC-216, passed 10-25-1982) § 1.26.040 NOTICE OF TIME LIMITS. Upon rendition of any adjudicatory administrative decision by the city, notice shall be provided to the parties that the time within which judicial review must be sought is governed by the provisions of the Cal. Code of Civil Procedure, § 1094.6. (Ord. MC-216, passed 10-25-1982) 43 Packet Page 104 San Bernardino - General Provisions44 Packet Page 105 CHAPTER 1.28: ADMINISTRATIVE AND LEGISLATIVE INTERPRETATION AND PRACTICE - CHARTERRESERVED Section[Reserved] 1.28.010 Administrative and legislative practice - Charter interpretation 1.28.020 Police and fire salaries 1.28.030 Setting of salaries and fringe benefits for public safety employees § 1.28.010 ADMINISTRATIVE AND LEGISLATIVE PRACTICE - CHARTER INTERPRETATION. The Mayor and CommonCity Council find and determine that various provisions of the Charter of the city have been administratively and legislatively interpreted and implemented by practice over a period of time and that such provisions have acquired a meaning upon which the local government, the public, taxpayers and affected employees have relied. This chapter is a declaration of existing law and practice and not an amendment or change therein. (Ord. MC-338, passed 1-25-1984) § 1.28.020 POLICE AND FIRE SALARIES. Charter, § 186 Second, Article X, since its amendment in 1976, by administrative and legislative practice has consistently been interpreted in a manner that the phrase the monthly salaries, paid or approved for payment to local safety members of like or most nearly comparable positions of the police and fire departments of ten cities of the state, as used to determine the monthly salaries of local safety members of the city police and fire departments by arithmetic averaging, refers to those monthly salaries set by resolution or motion of the legislative bodies of such ten cities setting forth salary plans consisting of money to be paid at various ranges and steps within the ranges for each position and which amounts the cities report to the United States Internal Revenue Service and the State Franchise Tax Board as wages or income. Any other compensation or remuneration paid or approved for payment to local safety members in such cities, regardless of how calculated, when paid or in what form, or however denominated, have not been included within “monthly salaries” as that phrase is used in Charter, § 186 and are not “monthly salaries” within the meaning of Charter, § 186. All such other forms of compensation or remuneration are fringe benefits which have been negotiated in good faith meet and confer sessions. (Ord. MC-338, passed 1-25-1984) § 1.28.030 SETTING OF SALARIES AND FRINGE BENEFITS FOR PUBLIC SAFETY EMPLOYEES. Salaries, as interpreted and defined in § 1.28.020, of police and fire local safety employees are and shall be determined in accordance with the procedure set forth in the Charter, § 186. Fringe benefits are not limited by or included within the scope of § 186 and are and shall be determined in good faith negotiations pursuant to the employer-employee relations resolutions implementing the Meyers-Milias-Brown Act. (Ord. MC-338, passed 1-25-1984) 45 Packet Page 106 San Bernardino - General Provisions46 Packet Page 107 TITLE 2: ADMINISTRATION AND PERSONNEL Chapter 2.01. MAYOR PRO TEMPORE 2.02. CITY MANAGER 2.03. VACANCIES 2.04. PERSONNEL SYSTEM 2.06. PURCHASING AGENT 2.08. CITY TREASURER 2.10. DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES 2.12. FIRE DEPARTMENT 2.14. DEPARTMENT OF PUBLIC WORKS 2.15. DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING 2.16. DEVELOPMENT SERVICES DEPARTMENT 2.17. BOARDS, BUREAUS AND COMMISSIONS - GENERAL 2.18. PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT 2.19. ELECTED OFFICIAL COMPENSATION ADVISORY COMMISSION 2.20. SPECIAL COUNSEL SERVICES 2.22. PLANNING COMMISSION 2.23. HISTORICAL PRESERVATION COMMISSION 2.24. CENTRAL CITY PARKING PLACE COMMISSION 2.26. ANIMAL CONTROL COMMISSION 1 Packet Page 108 San Bernardino - Administration and Personnel2 2.27. LIBRARY BOARD 2.28. BOARD OF WATER COMMISSIONERS 2.30. FINE ARTS COMMISSION 2.31. RELOCATION APPEALS BOARD 2.32. BOARD OF FIRE COMMISSIONERS 2.34. BOARD OF POLICE COMMISSIONERS 2.36. PEACE OFFICER STANDARDS AND TRAINING 2.38. POLICE RESERVE 2.39. HUMAN RELATIONS COMMISSION 2.40. COMMUNITY DEVELOPMENT COMMISSION 2.41. MAIN STREET ADVISORY BOARD 2.42. COMMUNITY TELEVISION COMMISSION 2.43. BUREAU OF FRANCHISES 2.44. CEMETERY COMMISSION 2.45. BUILDING APPEALS BOARD 2.46. DISASTER COUNCIL 2.47. CENTRAL CITY ADVISORY BOARD 2.48. STATE EMPLOYEES’ RETIREMENT SYSTEM 2.49. SENIOR AFFAIRS COMMISSION 2.50. PERSONNEL COMMISSION 2.52. CITY HALL 2.54. HOLIDAYS 2.55. LOCAL CAMPAIGN FINANCE REGULATIONS Packet Page 109 3 2.56. ELECTIONS 2.57. ONLINE OR ELECTRONIC FILING OF FAIR POLITICAL PRACTICES COMMISSION FORMS 2.58. MEETINGS 2.60. DISCLOSURE OF FINANCIAL INTERESTS 2.62. FILING OF OFFICIAL BONDS 2.64. APPEALS TO COMMONCITY COUNCIL 2.65. SALE OF REAL PROPERTY 2.66. CONTRACT OF INDEMNITY 2.68. VACANCIES IN OFFICE 2.70. SALE OF UNCLAIMED PROPERTY 2.72. DEMANDS AGAINST CITY; PAYMENT 2.73. COLLECTION OF DEBTS 2.74. FINANCIAL INTERESTS OF APPOINTED CITY COMMITTEE MEMBERS 2.75. USE OF CITY’S CATV FACILITIES 2.76. COUNCIL COMMITTEES 2.77. FACILITIES MANAGEMENT DEPARTMENT 2.78. CODE COMPLIANCE DEPARTMENT 2.79. INFORMATION TECHNOLOGY DEPARTMENT 2.80. ANIMAL CONTROL DEPARTMENT 2.81. POLICE DEPARTMENT 2.82. MAYOR AND CITY COUNCIL COMPENSATION 2.83. DEPARTMENT OF ECONOMIC DEVELOPMENT Packet Page 110 San Bernardino - Administration and Personnel4 Packet Page 111 CHAPTER 2.01: MAYOR PRO TEMPORE Section 2.01.010 Mayor Pro Tempore § 2.01.010 MAYOR PRO TEMPORE. (A) City Charter, § 302 identifies the position of mayor pro tempore. At the first regularly scheduled meeting of the City Council following the effective date of the ordinance incorporated in this chapter, the City Council shall elect a Council member to serve as Mayor Pro Tempore. At the second regularly scheduled meeting of the City Council in December of each year, the City Council shall elect a Council member to serve as Mayor Pro Tempore. (B) If the Mayor Pro Tempore is absent or otherwise unavailable to serve in such capacity, the Council member present in the city with the most consecutive days of service as a member of the City Council shall serve as the Mayor Pro Tempore for that period of absence or unavailability only. “Consecutive days of service” shall be calculated by counting backward in time starting from the day on which the calculation is being made. (C) In the event that there are two or more Council members with the exact same number of consecutive days of service as a member of the City Council, the temporary filling of the position of Mayor Pro Tempore shall be determined by lot, pursuant to the general procedure established in the Cal. Elections Code, § 15651, specifically by flipping a coin in the case of two members with the exact same number of consecutive days of service as a member of the City Council, or the drawing of straws in the case of three or more members with the exact same number of consecutive days of service as a member of the City Council. The City Clerk shall be responsible for conducting the coin toss or conducting the drawing of straws whenever either event is required by this section. (D) The Council Member holding the position of Mayor Pro Tempore shall continue to hold said position until his or her successor is elected by the City Council or until said Council member is no longer a member of the City Council, whichever occurs first. (E) Pursuant to City Charter, § 302, in the absence of the Mayor from any Council meeting, the Mayor Pro Tempore shall preside over that Council meeting. (F) In addition, at all other times that the Mayor is temporarily unable to perform the duties of his or her office, the Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present to perform his or her duties. However, the Mayor Pro Tempore may not cast an additional vote in the event of a tie or exercise veto powers over City Council action, but may continue to exercise his or her vote as a Council member. (Ord. MC-1267, passed 4-8-2008; Ord. MC-1289, passed 11-4-2008; Ord. MC-1441, passed 4-3-2017) 5 Packet Page 112 San Bernardino - Administration and Personnel6 Packet Page 113 CHAPTER 2.02: CITY MANAGER Section 2.02.010 Position created 2.02.020 Selection and appointment 2.02.030 Discharge 2.02.040 Salary and benefits 2.02.050 Assistants 2.02.060 Duties of the City Manager 2.02.070 Authority to file and prosecute small claims 2.02.080 Mayor and Council’s authority over the City Manager and other city employees 2.02.090 Accountability and expectations 2.02.100 Reserved § 2.02.010 POSITION CREATED. There is created the position of City Manager as required by Article IV of the City Charter. Any and all references to the administrative officer or City Administrator in any ordinances, resolutions and documents of the city shall refer to and mean the City Manager. (Ord. 2397, passed 11-21-1961; Ord. 2836, passed 8-15-1967; Ord. MC-839, passed 6-11-1992; Ord. MC-1440, passed 4-3-2017) § 2.02.020 SELECTION AND APPOINTMENT. The City Manager shall have the qualifications and shall be chosen in accordance with Article IV, § 400 of the City Charter by at least five affirmative votes of the Council and Mayor. The City Manager shall devote his or her entire time to the duties of his or her office and shall not engage in any other business or occupation. (Ord. 2397, passed 11-21-1961; Ord. MC-839, passed 6-11-1992; Ord. MC-1440, passed 4-3-2017) § 2.02.030 DISCHARGE. The City Manager may be discharged by at least five affirmative votes of the Council and Mayor as provided in Article IV, § 400 of the City Charter. (Ord. 2397, passed 11-21-1961; Ord. 3120, passed 11-10-1970; Ord. MC-839, passed 6-11-1992; Ord. MC-1226, passed 6-7-2006; Ord. MC-1440, passed 4-3-2017) § 2.02.040 SALARY AND BENEFITS. The salary of the City Manager shall be fixed by the Mayor and City Council and it shall be paid in the same manner and at the same time as the salaries of other city employees. He or she is granted and is entitled to all of the benefits conferred upon city employees relating to sick leave, vacation leave, holidays, medical insurance, workers’ compensation and travel expense, and by the public employees’ retirement system, and any other salary and/or benefits that may be provided by resolution or pursuant to an employment agreement between the city and the City Manager. (Ord. 2397, passed 11-21-1961; Ord. MC-839, passed 6-11-1992; Ord. MC-1440, passed 4-3-2017) § 2.02.050 ASSISTANTS. The Mayor and City Council shall create and maintain positions within the city’s authorized 7 Packet Page 114 San Bernardino - Administration and Personnel8 classification and salary list for an assistant city manager and department heads for each of the city’s authorized departments. In order to assist the City Manager in the performance of his or her duties, the City Manager may assign the performance of any of the duties prescribed in this chapter to his or her assistants or department heads. The City Manager may appoint an assistant city manager. (Ord. 2397, passed 11-21-1961; Ord. 3286, passed 8-24-1972; Ord. MC-839, passed 6-11-1992; Ord. MC-1440, passed 4-3-2017) § 2.02.060 DUTIES OF THE CITY MANAGER. (A) The City Manager shall perform the duties set out in Article IV, § 401 of the City Charter, and such other duties as may be assigned to him or her by duly adopted ordinance. (B) In addition to the authority and duties outlined in Article IV, § 401 of the City Charter, the City Manager shall: (1) Determine the items and order of such items on the City Council’s meeting agendas, subject to direction from the Mayor and City Council. The City Manager shall include any agenda item requested by the presiding officer of the City Council for discussion and further direction from a majority of the City Council; (2) Confer regularly with the City Attorney on legal issues; immediately notify the City Attorney of any important legal issues or difficulties that arise to obtain the legal advice of the City Attorney; and carefully consider such advice, understanding that recommendations of the City Attorney are advisory only. Neither the City Attorney, nor employees of the office of the City Attorney, has the authority to issue orders to the City Manager, or any of his or her subordinates; it is the responsibility of the City Manager to ensure that all Manager-directed departments and the employees of those departments perform all of their duties legally and that those departments and their employees are faithful in the observance, adherence and enforcement of all pertinent laws, ordinances and legal requirements in the performance of their duties and in their official conduct; (3) Sign all contracts, deeds and other documents on behalf of the city when authorized to do so by the Mayor and City Council; (4) See that all franchises, permits and privileges granted by the city, and the provisions of all contracts to which the city is a party, are faithfully observed; (5) Consolidate or combine duties, offices, positions, departments or units under his or her direction, after informing and seeking input from the Mayor and City Council within the limits established by the City Charter, this code or the annual budget; provided, however, that nothing herein contained shall be construed to supersede the authority of the Personnel Commission in the matter of disciplinary appeals; (6) Control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his or her jurisdiction through their department heads; (7) Investigate as necessary all complaints and other matters concerning the administration of the city government. However, as to any complaint or other matter concerning the administration of the City Manager’s office, it shall be referred to outside independent legal counsel for investigation; (8) Close or restrict access to any and all public property owned or controlled by the city during the pendency of any construction, repair, remedial, maintenance or modification work on public property upon reasonable notice to the public posted at or near the site of the proposed work; (9) Exercise general supervision over all public buildings, public parks and other public property which are under the control and jurisdiction of the City Council and not specifically delegated to a particular board or officer; (10) Designate city officers or employees of the city to exercise the powers authorized by the Cal. Penal Code, § 836.5(a), including the issuance of Packet Page 115 City Manager 9 citations for violations of the provisions of the city’s municipal code, pursuant to the Cal. Penal Code, §§ 853.5 and 853.6. He or she is also responsible for general policy supervision of the public safety functions and primary liaison between these departments and the City Council; (11) Ensure the preparation, posting and publication of City Council meeting agendas and of other commission and committee agendas in compliance with the law, as well as maintenance of the books and records of the city; (12) Ensure that no expenditures shall be submitted or recommended to the City Council except on approval of the City Manager, or his or her authorized representative. The City Manager, or his or her authorized representative, shall purchase or cause to be purchased all supplies for all departments of the city, consistent with the terms of the city’s purchasing system set forth in Chapter 3.04 of this code, and within the spending limits imposed by the City Council by resolution or as authorized by the City Council; (13) Make such administrative rules and regulations as the City Manager deems necessary for the orderly administration of the various departments of the city; and (14) Ensure that no expenditures shall be submitted or recommended to the City Council except on approval of the City Manager, or his or her authorized representative. The City Manager, or his or her authorized representative, shall purchase, or cause to be purchased, all supplies for all departments of the city, consistent with the terms of the city’s purchasing system set forth in Chapter 3.04, and within the spending limits imposed by the City Council by resolution or as authorized by the City Council. (Ord. 2397, passed 11-21-1961; Ord. MC-839, passed 6-11-1992; Ord. MC-1440, passed 4-3-2017; Ord. MC-1516, passed 5-1-2019) § 2.02.070 AUTHORITY TO FILE AND PROSECUTE SMALL CLAIMS. The City Manager, or his or her designated representative, is authorized to file and prosecute actions on behalf of the city in the small claims courts of the state. The City Manager, or his or her designated representative, is authorized to reduce the claim of the city by an amount not in excess of the jurisdictional maximum amount of a small claims court. (Ord. 2397, passed 11-21-1961; Ord. MC-839, passed 6-11-1992; Ord. MC-1440, passed 4-3-2017) § 2.02.080 MAYOR AND COUNCIL’S AUTHORITY OVER THE CITY MANAGER AND OTHER CITY EMPLOYEES. (A) In accordance with the City Charter, § 306(d), neither the Mayor nor any Council member shall interfere with the discretion of the City Manager in the exercise or performance of his or her powers or duties. The Mayor and Council members shall deal with city officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and shall not give orders to or attempt to direct the work of such officers and employees either publicly or privately. Inquiries may be made directly to officers and employees under the supervision of the City Manager with the knowledge and consent of the City Manager. (B) The City Manager shall not unreasonably restrict the ability of the Mayor or any Council member to make inquiries directly to officers and employees under the supervision of the City Manager. In accordance with the City Charter, § 401(d), the City Manager shall ensure that the Mayor and Council members are fully informed on all aspects of important emerging issues, and shall provide timely and complete responses to inquiries from the Mayor or Council members. The City Manager shall not withhold relevant and material information from the Mayor or Council members. (Ord. 2397, passed 11-21-1961; Ord. MC-839, passed 6-11-1992; Ord. MC-1440, passed 4-3-2017; Ord. MC-1516, passed 5-1-2019) § 2.02.090 ACCOUNTABILITY AND EXPECTATIONS. In order to most effectively ensure that the Packet Page 116 San Bernardino - Administration and Personnel10 council-manager form of government works properly, the Mayor and City Council will jointly develop clear expectations of the City Manager and hold him or her accountable by conducting performance evaluations at least once a year. (Ord. 821, passed 8-9-1921; Ord. 3883, passed 11-20-1979; Ord. MC-839, passed 6-11-1992; Ord. MC-1440, passed 4-3-2017) § 2.02.100 RESERVED. [Reserved] (Repealed by Ord. MC-1440, passed 4-3-2017) Packet Page 117 CHAPTER 2.03: VACANCIES Section 2.03.010 Vacancies § 2.03.010 VACANCIES. (A) A vacancy on the City Council, from whatever cause arising, shall be filled for the unexpired term thereof through the election of a successor Council member by the qualified electors of the ward in which the vacancy has occurred. Such successor Council member must be eligible to hold the office in accordance with the City Charter, § 301. The election shall be held at the time established by the Mayor and City Council and shall be conducted in the manner provided for by general law; provided that the Mayor and City Council shall have power, by ordinance, to provide for the manner of holding such election and such ordinance shall prevail over the general law. (B) A vacancy in the office of Mayor, from whatever cause arising, shall be filled for the unexpired term thereof through the election of a successor Mayor by the qualified electors of the city. Such successor Mayor must be eligible to hold the office in accordance with the City Charter, § 301. The election shall be held at the time established by the Mayor and City Council and shall be conducted in the manner provided for by general law; provided that the Mayor and City Council shall have the power by ordinance to provide for the manner of holding such election and such ordinance shall prevail over the general law. The successor elected shall hold the office for the unexpired term. Prior to filling the vacancy of the office of Mayor, and in the process of filling such vacancy, the Mayor Pro Tempore shall not have the authority to exercise any veto or vetoes. (C) Notwithstanding Cal. Elections Code, §§ 4000 and 4004 or any similar law, the City Council may, by resolution, order that any election to fill such vacancy be conducted wholly by all-mail ballot on any established mailed ballot election date provided under the Elections Code. (Ord. MC-1508, passed 10-17-2018; Ord. MC-1509, passed 11-21-2018; Ord. MC-1510, passed 12-19-2018; Ord. MC-1512, passed 1-10-2019) 11 Packet Page 118 San Bernardino - Administration and Personnel12 Packet Page 119 CHAPTER 2.04: PERSONNEL SYSTEM Section 2.04.010 Personnel system established 2.04.020 Classified service 2.04.030 Unclassified service 2.04.040 Reserved 2.04.050 Reserved Editor’s note: This chapter was repealed and replaced by Ord. MC-1475, passed 3-7-2018. § 2.04.010 PERSONNEL SYSTEM ESTABLISHED. A personnel system is established for the selection, employment, advancement, discipline and compensation of all appointive officers and employees. This system shall be implemented under conditions of competitive merit, political neutrality and equal opportunity, pursuant to this code, rules adopted by resolution of the City Council and such subordinate rules as are not in conflict therewith which may be adopted by the appointing authority, or its designee. Except as otherwise provided in the City Charter or in this municipal code, the personnel system shall be administered by the Department of Human Resources and Risk Management. The City Council shall have the power to establish classifications and pay ranges for all employees of the city, including those in the City Municipal Water Department and the library. (Ord. 2481, passed 1-29-1963; Ord. MC-198, passed 8-11-1982; Ord. MC-1027, passed 9-9-1998; Ord. MC-1475, passed 3-7-2018; Ord. MC-1625, passed 2-21-2024) § 2.04.020 CLASSIFIED SERVICE. Classified service includes all regular full-time employees not specifically included in the unclassified service within the city’s municipal code. All city employees in the classified service, including those in the City Municipal Water Department and the library, shall be subject to the city’s adopted personnel rules. (Ord. MC-666, passed 7-17-1989; Ord. MC-1475, passed 3-7-2018) § 2.04.030 UNCLASSIFIED SERVICE. (A) Unclassified service includes those positions associated with part-time employment, temporary employment, seasonal employment and the following officers and employees: (1) Elected officials; (2) Any position appointed by the Mayor and City Council, including the City Manager, City Clerk and City Attorney; (3) Any persons appointed as deputies or assistants of elected or appointed officers, regardless of job title or to whom they report; (4) Any persons appointed as Assistant City Manager, deputies or other assistants of the City Manager; (5) Any persons appointed as heads of departments or heads of department divisions; (6) One assistant for each department and one assistant for the City Manager; and (7) Any persons appointed to a board or commission. (B) All employees not included in the classified service of the city under this chapter shall serve at the will and pleasure of the appointing authority. They 13 Packet Page 120 San Bernardino - Administration and Personnel14 may be appointed, controlled, ordered and directed by the appointing authority in any manner which is in compliance with applicable law, and may be disciplined or removed from city employment by the appointing authority without proof of cause or other justification and without the right of appeal. Elected officials and persons appointed by the City Council to city boards, commissions or committees shall serve in accordance with applicable state and local laws, including this code, and may only be removed from office in accordance with such laws. Part-time, seasonal and temporary employees shall be provided only those benefits mandated by applicable federal, state and/or local laws, rules or regulations. (Ord. MC-198, passed 8-11-1982; Ord. MC-1027, passed 9-9-1998; Ord. MC-1475, passed 3-7-2018) § 2.04.040 RESERVED. [Reserved] (Repealed and replaced by Ord. MC-1475, passed 3-7-2018) § 2.04.050 RESERVED. [Reserved] (Repealed and replaced by Ord. MC-1475, passed 3-7-2018) Packet Page 121 CHAPTER 2.06: PURCHASING AGENT Section 2.06.010 Position established 2.06.020 Powers and duties § 2.06.010 POSITION ESTABLISHED. A purchasing system is established which shall be administered by a purchasing agent. The City Manager, or his or her designee, shall serve as the purchasing agent. (Ord. 2398, passed 9-21-1961) § 2.06.020 POWERS AND DUTIES. The purchasing agent shall have charge of the purchasing of supplies, materials, equipment and contractual services required by any office, department or agency of the city, with the exception of the City Municipal Water Department and free public library, and shall have the power and the duty to: (A) Establish a purchasing program providing for competitive bidding or open market purchasing so as to obtain for the city the greatest possible advantage; (B) Establish and enforce specifications with respect to supplies, materials and equipment required by city government; (C) Supervise the inspection of all deliveries of supplies, materials and equipment and determine their conformance with specifications; (D) Transfer between offices, departments or agencies, or sell any surplus, obsolete or unused supplies, materials or equipment; (E) Maintain and operate central duplicating printing and mail service; (F) Prepare a manual setting forth procedure to be followed by all departments as to the purchase of materials and equipment; and (G) Perform such other duties as may be imposed by ordinance or resolution of the CommonCity Council or as the City Manager may direct. (Ord. 2398, passed 9-21-1961; Ord. 3842, passed 7-11-1979; Ord. MC-602, passed 6-2-1987; Ord. MC-646, passed 12-7-1988; Ord. MC-1220, passed 3-20-2006) 15 Packet Page 122 San Bernardino - Administration and Personnel16 Packet Page 123 CHAPTER 2.08: CITY TREASURER Section 2.08.010 Treasurer function § 2.08.010 TREASURER FUNCTION. All duties of the City Treasurer are transferred to the Department of Finance and Management Services. Upon the completion of the term of office of the elected City Treasurer holding office upon adoption of the ordinance incorporated in this chapter, the City Manager shall appoint the Director of Finance and Management Services, or other duly qualified person, to carry out all functions of the City Treasurer. (Ord. 3472, passed 1-8-1975; Ord. MC-1476, passed 3-7-2018; Ord. MC-1625, passed 2-21-2024) 17 Packet Page 124 San Bernardino - Administration and Personnel18 Packet Page 125 CHAPTER 2.10: DEPARTMENT OF FINANCE AND MANAGEMENT SERVICES Section 2.10.010 Created 2.10.020 Position established - bond 2.10.030 Powers and duties 2.10.040 Divisions of department Statutory reference: For provisions authorizing the establishment of the office of Director of Finance and the transfer of the City Clerk’s duties to such office, see Cal. Gov’t Code, §§ 37209 and 40805.5. § 2.10.010 CREATED. A department of finance and management services is created. (Ord. 2855, passed 10-3-1967; Ord. MC-1625, passed 2-21-2024) § 2.10.020 POSITION ESTABLISHED - BOND. (A) The position of director of finance and management services of the city is established. This position shall be in the unclassified service of the civil service. (B) The Director of Finance and Management Services shall be appointed by the City Manager. (C) The Director of Finance and Management Services shall execute and deposit a fidelity bond in the amount of $10,000 prior to taking office. (Ord. 2855, passed 10-3-1967; Ord. 3426, passed 5-20-1974; Ord. MC-1477, passed 3-7-2018; Ord. MC-1625, passed 2-21-2024) § 2.10.030 POWERS AND DUTIES. (A) The Director of Finance and Management Services, under the supervision and direction of the City Manager, or his or her designee, shall have charge of the administration of the financial affairs of the city, except for the City Municipal Water Department. (B) The Director of Finance and Management Services shall have the following powers and duties: (1) To ensure deposit of all money received by and on behalf of the city in such depository or depositories as may be designated by the Mayor and City Council, in compliance with all the provisions of the California Constitution and laws of the state governing the handling, deposit and securing of public funds and the handling of trust funds in his or her possession; (2) To maintain custody of money deposited in the City Treasury, to invest same pursuant to the city’s adopted investment policy and to transfer money from one fund into another fund by motion and a majority vote of the City Council or by its approval of the tentative and final budgets containing fund balances for each fiscal year; (3) To maintain custody of all securities bought by the city government for the account of any fund and of any unsold bonds of the city, and to make investments and keep records of those investments on behalf of the city. In the event of the sale of any bonds by the city, as provided by law, to deliver the same, and receive from the purchaser the amount of money due from such sale, and credit the same to the proper 19 Packet Page 126 San Bernardino - Administration and Personnel20 bank account in the same manner as other deposits and report such action to the legislative body and the City Manager; (4) To supervise all disbursements and expenditures to assure that payment has been legally authorized and appropriated, and that sufficient unencumbered appropriations exist for the payment of all claims and expenditures; (5) To develop, supervise and maintain the general accounting system for the city government; (6) To procure materials, supplies and general services for the city and establish appropriate standards and specifications with respect to the purchase of supplies, materials and equipment; (7) To regularly, at least quarterly, and at the end of each fiscal year, prepare and submit to the City Manager, and the Mayor and City Council, a statement and report indicating the financial condition of the city, including, but not limited to, receipts, disbursements, appropriations and reserves; (8) To establish, supervise and maintain a system of data processing for the handling of accounting information and other reports and tabulations required by the city; (9) He or she, or his or her designated representative, shall audit all purchase orders before they become effective, and audit and approve, before payment, all bills, invoices, payrolls, demands or charges against the city government, and determine the regularity, correctness and, with the advice of the City Attorney, the legality of such claims, demands and charges; and he or she, or his or her designated representative, shall attach to the register of audited demands, before submission to the Mayor and City Council, his or her affidavit certifying as to the accuracy of the demands and the availability of funds for payment thereof pursuant to Cal. Gov’t Code, § 37202; and he or she, or his or her designated representative, in lieu of the City Clerk, shall certify or approve demands as conforming to a budget approved by resolution pursuant to Cal. Gov’t Code, § 37208; provided that the provisions of Cal. Gov’t Code, § 37208 shall in other particulars be applicable to the city; (10) To compile the preliminary budget data, including capital and operating expenditure projections, and revenue projections for the City Manager; (11) To prepare and maintain current inventory of all materials, supplies and equipment of the city; (12) To audit or designate a representative to audit all purchase orders before they become effective, and audit and approve, before payment, all bills, invoices, payrolls, demands or charges against the city government, and determine the regularity, correctness and, with the advice of the City Attorney, the legality of such claims, demands and charges; and to certify by attached affidavit the accuracy of the register of audited demands, and the availability of funds for payment thereof pursuant to Cal. Gov’t Code, § 37202 before submission to the Mayor and City Council; and to certify or approve demands as conforming to a budget approved by resolution pursuant to Cal. Gov’t Code, § 37208; (13) To prescribe the forms of receipts, vouchers, bills or claims to be used by all the agencies of the city; (14) To supervise the work of preparing the city payroll and maintaining records of all payroll data; and he or she shall supervise the work for the state employees’ retirement system in accordance with the law and administrative directors of the retirement system; (15) To perform such other duties as may be imposed by ordinance or resolution of the Mayor and City Council, or as the City Manager may direct; and Packet Page 127 Department of Finance and Management Services 21 (16) To appoint, supervise, discipline and evaluate employees of the Department of Finance and Management Services. (Ord. MC-1477, passed 3-7-2018; Ord. MC-1625, passed 2-21-2024) § 2.10.040 DIVISIONS OF DEPARTMENT. (A) The Department of Finance and Management Services shall be under the supervision of the Director of Finance and Management Services and shall consist of the following divisions: (1) Purchasing division; (2) Accounting division; (3) Payroll division; and (4) Such other divisions as may be authorized by the Mayor and the City Council. (B) The heads of each of these divisions shall be in the unclassified civil service. (Ord. 2855, passed 10-3-1967; Ord. 3285, passed 8-24-1972; Ord. MC-1220, passed 3-20-2006; Ord. MC-1226, passed 6-7-2006; Ord. MC-1625, passed 2-21-2024) Packet Page 128 San Bernardino - Administration and Personnel22 Packet Page 129 CHAPTER 2.12: FIRE DEPARTMENT Section 2.12.010 Fire Chief 2.12.020 Fire Department 2.12.030 Authority of Fire Chief to enforce code provisions 2.12.040 Preservation of order at fires 2.12.050 Liability of city Editor’s note: On July 1, 2016, the city annexed into the County Fire Protection District. The County Fire Code and other ordinances were ratified by the Mayor and CommonCity Council pursuant to Ord. MC-1422, passed 5-16-2016. § 2.12.010 FIRE CHIEF. All references within the city’s municipal code to the Fire Chief, where not inconsistent with the annexation of fire services from the city to the County Fire Protection District, shall mean the Fire Chief of the County Fire Protection District and his or her designated subordinates within the County Fire Protection District. (Ord. 347, passed 1-12-1907; Ord. 1713, passed - -1944; Ord. MC-460, passed 5-15-1985; Ord. MC-1422, passed 5-16-2016) § 2.12.020 FIRE DEPARTMENT. All references within the city’s municipal code to the Fire Department, where not inconsistent with the annexation of fire services from the city to the County Fire Protection District, shall mean the County Fire Protection District. (Ord. 347, passed 1-12-1907; Ord. 1713, passed - -1944; Ord. MC-460, passed 5-15-1985; Ord. MC-1422, passed 5-16-2016) § 2.12.030 AUTHORITY OF FIRE CHIEF TO ENFORCE CODE PROVISIONS. The Fire Chief, and his or her designated subordinates in the Fire Department, may enforce the provisions of §§ 9.52.070, 9.56.010, 12.36.020, 12.52.010 and Chapters 9.12 and 15.16, and are authorized to perform any act, including the preparation and issuance of written notices to appear for violations thereof, under and pursuant to the Cal. Penal Code, § 836.5 and Chapters 5C and 5D of Part 2, Title 3 (commencing with § 853.6). (Ord. 347, passed 1-12-1907; Ord. MC-460, passed 5-15-1985) § 2.12.040 PRESERVATION OF ORDER AT FIRES. The Fire Chief shall, to the best of his or her ability, preserve order at all fires, and shall, whenever proper or necessary, call upon the Chief of Police or any other peace officer to preserve order and make arrests, and to prevent interference with his or her orders or with the members of the Department. (Ord. 347, passed 1-12-1907; Ord. MC-460, passed 5-15-1985) § 2.12.050 LIABILITY OF CITY. No liability shall be incurred by the city on account of the Fire Department, except such as shall 23 Packet Page 130 San Bernardino - Administration and Personnel24 be incurred or approved by the Mayor and CommonCity Council. (Ord. 347, passed 1-12-1907; Ord. MC-460, passed 5-15-1985; Ord. MC-1220, passed 3-20-2006) Packet Page 131 CHAPTER 2.14: DEPARTMENT OF PUBLIC WORKS Section 2.14.010 Established 2.14.020 Director 2.14.030 Director - duties 2.14.031 City Engineer 2.14.032 City Engineer - duties 2.14.040 Meetings § 2.14.010 ESTABLISHED. There is established a department of public works. (Ord. MC-344, passed 2-22-1984; Ord. MC-1027, passed 9-9-1998; Ord. MC-1322, passed 4-20-2010) § 2.14.020 DIRECTOR. The Department shall be under the management and control of the Director of Public Works, who shall be appointed by the City Manager with approval of the Mayor and CommonCity Council. (Ord. MC-344, passed 2-22-1984; Ord. MC-1027, passed 9-9-1998; Ord. MC-1322, passed 4-20-2010) § 2.14.030 DIRECTOR - DUTIES. Under the policies of the Mayor and CommonCity Council, the Director shall have all the powers and perform all the duties that are now or may hereafter be conferred upon the Director of Public Works. (Ord. MC-344, passed 2-22-1984; Ord. MC-1322, passed 4-20-2010) § 2.14.031 CITY ENGINEER. The position of city engineer is created and shall report to and be under the supervision of the Director of Public Works. (Ord. MC-1027, passed 9-9-1998; Ord. MC-1322, passed 4-20-2010) § 2.14.032 CITY ENGINEER - DUTIES. The City Engineer shall perform the appropriate duties as a registered engineer as provided for in the Cal. Business and Professions Code, § 6730.2 or any other applicable section of state law, the City Charter or the municipal code. (Ord. MC-1027, passed 9-9-1998; Ord. MC-1226, passed 6-7-2006; Ord. MC-1322, passed 4-20-2010) § 2.14.040 MEETINGS. The Director shall represent the Department of Public Works at all meetings and hearings of the Mayor and CommonCity Council considering matters relating to engineering, streets, rubbish, refuse disposal, improving of streets or public works either in person or by duly authorized representatives. (Ord. 3512, passed 7-15-1975; Ord. MC-344, passed 2-22-1984; Ord. MC-1027, passed 9-9-1998; Ord. MC-1220, passed 3-20-2006; Ord. MC-1322, passed 4-20-2010) 25 Packet Page 132 San Bernardino - Administration and Personnel26 Packet Page 133 CHAPTER 2.15: DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING Section 2.15.010 Established 2.15.020 Director - duties § 2.15.010 ESTABLISHED. There is established a department of community development and housing. (Ord. MC-344, passed 2-22-1984; Ord. MC-1322, passed 4-20-2010; Ord. MC-1625, passed 2-21-2024) § 2.15.020 DIRECTOR - DUTIES. The Department shall be under the management and control of the Director of Community Development and Housing, who shall be appointed by the City Manager. Under the policies of the Mayor and City Council, the Director shall have all the powers and perform all the duties that are now or may hereafter be conferred or imposed by the City Charter, law or the Mayor and City Council relating to planning, building and safety, housing and code enforcement, and shall plan, coordinate and report on all the duties and activities involved in such programs. (Ord. MC-344, passed 2-22-1984; Ord. MC-1220, passed 3-20-2006; Ord. MC-1322, passed 4-20-2010; Ord. MC-1355, passed 7-5-2011; Ord. MC-1625, passed 2-21-2024) 27 Packet Page 134 San Bernardino - Administration and Personnel28 Packet Page 135 CHAPTER 2.16: DEVELOPMENT SERVICES DEPARTMENT (Repealed by Ord. MC-1220, passed 3-20-2006) 29 Packet Page 136 San Bernardino - Administration and Personnel30 Packet Page 137 CHAPTER 2.17: BOARDS, BUREAUS AND COMMISSIONS - GENERAL Section 2.17.010 General provisions 2.17.020 Members 2.17.030 Nomination - terms 2.17.035 Alternate members 2.17.040 Appointment - registered voter requirement - compensation - oath 2.17.050 Oath of office 2.17.060 Chairperson - meetings - absences 2.17.070 Quorum 2.17.080 Reporting 2.17.090 Hearing officers; powers; absence of quorum 2.17.100 Hearing officers; powers; referrals 2.17.110 Hearing officers; appeals of decision § 2.17.010 GENERAL PROVISIONS. This chapter generally establishes the manner of appointments, term of service, compensation, meeting times and provisions for vacating of offices of members of the boards, commissions and citizen advisory committees established by the City Council, except those established by the City Charter which are addressed separately in this code and those governed by other municipal code sections. (Ord. MC-1454, passed 2-7-2018) § 2.17.020 MEMBERS. Each board, commission and citizen advisory committee, subject to the provisions of this chapter, shall consist of nine members, unless otherwise provided in the ordinance or resolution creating the board, commission or citizen advisory committee. (Ord. MC-277, passed 6-8-1983; Ord. MC-1014, passed 1-13-1998; Ord. MC-1454, passed 2-7-2018) § 2.17.030 NOMINATION - TERMS. Each City Council member shall nominate one member of each such board, commission and citizen advisory committee who shall serve during and for the term of the nominating Council member. The Mayor shall nominate two members to each such board, commission and citizen advisory committee who shall serve during and for the term of the Mayor. The terms of board, commission and citizen advisory committee members shall coincide with the term of the nominating City Council member or Mayor; provided that when a vacancy shall occur in the office of the City Council member or the Mayor who originally nominated any member, the applicable term of that member of the board, commission or citizen advisory committee shall continue until a successor has been appointed. Nomination and appointment of a replacement member at any time shall terminate the appointment of any member so replaced, without need for formal removal action. (Ord. MC-277, passed 6-8-1983; Ord. MC-1454, passed 2-7-2018) § 2.17.035 ALTERNATE MEMBERS. [Reserved] (Repealed by Ord. MC-1454, passed 2-7-2018) § 2.17.040 APPOINTMENT - REGISTERED VOTER REQUIREMENT - COMPENSATION - OATH. Each member of such board, commission or 31 Packet Page 138 San Bernardino - Administration and Personnel32 citizen advisory committee, after having been nominated, shall be appointed by at least five affirmative votes of the Mayor and City Council. Each member shall be and remain a registered voter within the city and no member shall be an employee of the city. Notwithstanding the foregoing, the Mayor and City Council may establish a downtown advisory committee by resolution and may permit the appointment of non-city-resident business professionals (i.e., local businesses) to the committee so long as the non-city-residents each have an active business license with the city and collectively make up less than 25% of that committee. Members shall serve, without compensation, at the pleasure of the Mayor and City Council. Any member no longer holding the qualifications required for appointment shall cease to serve as a member, and such member’s position shall be deemed vacant. Any vacancy shall be filled and appointment shall be made in the manner herein before set forth as for an original appointment. (Ord. MC-277, passed 6-8-1983; Ord. MC-652, passed 2-20-1989; Ord. MC-1454, passed 2-7-2018; Ord. MC-1552, passed 4-7-2021) § 2.17.050 OATH OF OFFICE. Prior to undertaking his or her duties as a member of any such board, commission or citizen advisory committee, the member shall subscribe and file his or her official oath of office with the City Clerk. (Ord. MC-277, passed 6-8-1983; Ord. MC-1454, passed 2-7-2018) § 2.17.060 CHAIRPERSON - MEETINGS - ABSENCES. (A) Each board, commission and citizen advisory committee shall elect a chair and vice-chair from among its members, and the Chair and Vice-Chair shall serve for a term of one year. The board, commission or citizen advisory committee shall meet not less than once a quarter in the City Hall, or such other place within the city as the board, commission or citizen advisory committee may select. (B) If a member of any board, commission or citizen advisory committee fails to attend three consecutive regular meetings without excuse from the Chair, which excuse must be obtained within five calendar days before or after any meeting date, he or she shall automatically cease to be a member of the board, commission or citizen advisory committee, and the Chair of such board, commission or citizen advisory committee shall notify the former member and the nominating official of the declared vacancy. The vacant office shall be filled by nomination and appointment made in the manner of the original appointment. (C) Meetings of each board, commission or citizen advisory committee shall be open to the public and shall be governed by the provisions of the Ralph M. Brown Act, Cal. Gov’t Code, §§ 54950.5 et seq. (Ord. MC-277, passed 6-8-1983; Ord. MC-1454, passed 2-7-2018) § 2.17.070 QUORUM. Any five members in attendance at any meeting shall constitute a quorum. (Ord. MC-277, passed 6-8-1983; Ord. MC-1454, passed 2-7-2018) § 2.17.080 REPORTING. Each board, commission or citizen advisory committee shall provide a copy of its agenda, attachments and minutes to the Mayor, City Council, City Manager, City Attorney and such other city officials as it may deem advisable. (Ord. MC-803, passed 8-8-1991; Ord. MC-1454, passed 2-7-2018) § 2.17.090 HEARING OFFICERS; POWERS; ABSENCE OF QUORUM. [Reserved] (Repealed by Ord. MC-1454, passed 2-7-2018) § 2.17.100 HEARING OFFICERS; POWERS; REFERRALS. Packet Page 139 Boards, Bureaus and Commissions - General 33 [Reserved] (Repealed by Ord. MC-1454, passed 2-7-2018) § 2.17.110 HEARING OFFICERS; APPEALS OF DECISION. [Reserved] (Repealed by Ord. MC-1454, passed 2-7-2018) Packet Page 140 San Bernardino - Administration and Personnel34 Packet Page 141 CHAPTER 2.18: PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT (Repealed by Ord. MC-1458, passed 2-21-2018) 35 Packet Page 142 San Bernardino - Administration and Personnel36 Packet Page 143 CHAPTER 2.19: ELECTED OFFICIAL COMPENSATION ADVISORY COMMISSION Section 2.19.010 Purpose 2.19.020 Members - appointment 2.19.030 Duties 2.19.040 Meetings § 2.19.010 PURPOSE. The elected official compensation advisory commission is established to provide the Mayor and Council members with recommendations regarding compensation to be established for city-elected officials on a periodic basis as provided for herein. (Ord. MC-1352, passed 6-21-2011; Ord. MC-1463, passed 2-21-2018) § 2.19.020 MEMBERS - APPOINTMENT. The City Elected Official Compensation Advisory Commission shall consist of nine members who shall serve at the pleasure of the Mayor and City Council. Members shall be appointed and serve pursuant to the provisions of Chapter 2.17. (Ord. MC-1352, passed 6-21-2011; Ord. MC-1463, passed 2-21-2018) § 2.19.030 DUTIES. The Elected Official Compensation Advisory Commission shall: (A) Serve in an advisory capacity to the Mayor and City Council in making recommendations relating to the compensation of city-elected officials; (B) Conduct a compensation survey of city-elected officials in other state charter and/or general law cities; (C) Review California Government Code provisions for compensation of city-elected officials of general law cities; (D) Provide compensation recommendations to the Mayor and City Council pursuant to the City Charter, § 305; and (E) Encourage public participation in the process. (Ord. MC-1352, passed 6-21-2011; Ord. MC-1463, passed 2-21-2018) § 2.19.040 MEETINGS. The Elected Official Compensation Advisory Commission shall hold meetings and shall function pursuant to the provisions of Chapter 2.17 except that the meetings shall be held solely upon request for compensation review by the Mayor and City Council. (Ord. MC-1352, passed 6-21-2011; Ord. MC-1463, passed 2-21-2018) 37 Packet Page 144 San Bernardino - Administration and Personnel38 Packet Page 145 CHAPTER 2.20: SPECIAL COUNSEL SERVICES (Repealed by Ord. MC-1498, passed 7-5-2018) 39 Packet Page 146 San Bernardino - Administration and Personnel40 Packet Page 147 CHAPTER 2.22: PLANNING COMMISSION Section 2.22.010 Members - appointment 2.22.020 Duties 2.22.030 Quorum and vote required 2.22.040 Reserved 2.22.050 Reserved 2.22.060 Reserved Statutory reference: For provision on city planning, see Cal. Gov’t Code, §§ 65100 et seq. For provisions on city planning commissions, see Cal. Gov’t Code, § 6515065101. § 2.22.010 MEMBERS - APPOINTMENT. The City Planning Commission shall consist of nine members who shall serve at the pleasure of the Mayor and City Council. Members shall be appointed and serve pursuant to the provisions of Chapter 2.17. Members shall be appointed on the basis of demonstrated knowledge and experience in land use, zoning, architecture, engineering, planning or other relevant area. (Ord. 1815, passed 2-27-1948; Ord. 3216, passed 12-21-1971; Ord. MC-277, passed 6-8-1983; Ord. MC-1473, passed 3-7-2018) § 2.22.020 DUTIES. The Commission shall perform the duties and functions prescribed in Title 19 and other ordinances. The Commission shall prepare, adopt and periodically review and revise a comprehensive long-term general plan for the physical development of the city and any land outside the boundaries thereof which in the Commission’s judgment bears relation to the planning or development of the city itself. Such plans shall be known as the general plan and shall be so prepared that all or portions thereof may be adopted by the City Council as a basis for the development of the city for such reasonable period of time next ensuing after the adoption thereof as may be practicably covered thereby. (Ord. 1815, passed 2-27-1948; Ord. 2812, passed 4-18-1967; Ord. 3126, passed 12-1-1970; Ord. MC-127, passed 1-7-1982; Ord. MC-277, passed 6-8-1983; Ord. MC-1473, passed 3-7-2018) § 2.22.030 QUORUM AND VOTE REQUIRED. Five members of the City Planning Commission shall constitute a quorum for the transaction of business. Action granting approval of any matter, except general plan amendments, and amendments to the municipal code, must be taken by a majority vote of Commissioners in attendance, and a failure to do so results in an automatic denial of the pending matter. A recommendation for approval of a general plan amendment or an amendment to the municipal code shall be by the affirmative vote of not less than a majority (five) of the total membership of the Commission. Procedural matters may be dealt with by a majority of those voting and not abstaining at such times when a quorum is present. The absence (temporary or permanent) of any Commissioner previously recorded as present shall be noted in the minutes for purposes of determining the presence of a quorum at all times. (Ord. MC-1473, passed 3-7-2018) § 2.22.040 RESERVED. [Reserved] (Repealed by Ord. MC-277, passed 6-8-1983) § 2.22.050 RESERVED. 41 Packet Page 148 San Bernardino - Administration and Personnel42 [Reserved] (Repealed by Ord. MC-1473, passed 3-7-2018) § 2.22.060 RESERVED. [Reserved] (Repealed by Ord. MC-277, passed 6-8-1983) Packet Page 149 CHAPTER 2.23: HISTORICAL PRESERVATION COMMISSION (Repealed by Ord. MC-1460, passed 2-21-2018) 43 Packet Page 150 San Bernardino - Administration and Personnel44 Packet Page 151 CHAPTER 2.24: CENTRAL CITY PARKING PLACE COMMISSION (Repealed by Ord. MC-1352, passed 6-21-2011) 45 Packet Page 152 San Bernardino - Administration and Personnel46 Packet Page 153 CHAPTER 2.26: ANIMAL CONTROL COMMISSION (Repealed by Ord. MC-1468, passed 3-7-2018) 47 Packet Page 154 San Bernardino - Administration and Personnel48 Packet Page 155 CHAPTER 2.27: LIBRARY BOARD Section 2.27.010 Qualifications and appointment 2.27.020 Terms of office 2.27.030 Oath of office 2.27.040 Meetings, Chair, quorum and attendance 2.27.050 Reporting 2.27.060 Approval of rules and regulations Editor’s note: This chapter was added by Ord. MC-1483, passed 4-18-2018. § 2.27.010 QUALIFICATIONS AND APPOINTMENT. (A) The five members of the Library Board of Trustees serving at the time of the effective date of the ordinance incorporated in this chapter shall continue to serve until a replacement member is appointed, subject to the Mayor and City Council’s right of removal. Whenever any vacancy of the Board occurs for any reason, and at least 60 days prior to expiration of any Library Board of Trustee member’s term of office, the City Clerk shall cause notice of the vacancy or pending vacancy of the position to be posted and advertised as required by law to enable qualified candidates to apply for such position(s). (B) Applicants for membership on the Library Board of Trustees and all Board members shall be adult residents and registered voters of the city, and no member shall be an employee of the city or hold any other elected office in the city, while applying for or holding a membership seat on the Library Board of Trustees. Members shall be appointed on the basis of demonstrated knowledge and experience in the area of library operations, fundraising, budget and personnel management, education, legal services, purchasing or other areas which relate to the mission and purpose of the Board. Members shall commit to provide the best possible library services for the community. Appointments shall be made with consideration of community involvement, interpersonal and communication skills, geographical distribution of commissioners and diversity. The Mayor shall determine the timing and manner of interviewing qualified applicants, which may include interviews with the Mayor, an ad hoc council subcommittee formed for that purpose, or setting of a special meeting with public interviews of those selected for interview. Each appointee to the Library Board shall be selected by a vote of the Mayor and entire City Council as provided in City Charter, § 304(b). Removal of any member of the Library Board shall also be subject to City Charter, § 304(b). Members of the Library Board of Trustees shall serve without compensation. (Ord. MC-1483, passed 4-18-2018) § 2.27.020 TERMS OF OFFICE. Each member of the Library Board of Trustees shall serve a four-year term. Terms shall be staggered so that three members are appointed in 2018 for a four-year term and every four years thereafter, and two members are appointed in 2018 for a two-year term and every four years thereafter. The term of each member of the Board shall continue until a successor has been appointed. (Ord. MC-1483, passed 4-18-2018) § 2.27.030 OATH OF OFFICE. Prior to undertaking his or her duties as a member of the Library Board of Trustees, the member shall subscribe and file his or her official oath of office with the City Clerk. (Ord. MC-1483, passed 4-18-2018) 49 Packet Page 156 San Bernardino - Administration and Personnel50 § 2.27.040 MEETINGS, CHAIR, QUORUM AND ATTENDANCE. The Library Board of Trustees shall meet at least once per month, with regular meetings scheduled by adopted rules or regulations, and special meetings as needed, to be posted and conducted in accordance with the Ralph M. Brown Act. A quorum of three of the Board members is required to conduct any meeting. The Board shall elect a president and vice president from among its members, and the president and vice president shall serve for a term of two years. Any member who is absent for three consecutive meetings, or in excess of four meetings per year, excused or unexcused, may be subject to removal from the Board. (Ord. MC-1483, passed 4-18-2018) Statutory reference: Ralph M. Brown Act, see Cal. Gov’t Code, §§ 54950 through 54963 § 2.27.050 REPORTING. The Library Board of Trustees shall provide a copy of its agenda, attachments and minutes to the Mayor, City Council, City Manager, City Attorney and such other city officials as it may deem advisable. The Library Board of Trustees shall schedule from time to time agenda items as requested by the City Manager for the purpose of discussing items in closed or open session. The Library Department budget and all labor agreements shall be submitted to City Council for approval pursuant to City Charter, §§ 508 and 602. (Ord. MC-1483, passed 4-18-2018) § 2.27.060 APPROVAL OF RULES AND REGULATIONS. The rules and regulations of the Library Board of Trustees in effect at the time of adoption of the ordinance incorporated in this chapter, copies of which rules and regulations are on file in the office of the City Clerk, are approved for enforcement purposes. Subsequent amendments to the rules and regulations approved by the Library Board shall be submitted to the City Council for approval by resolution and shall be enforceable pursuant to this chapter. (Ord. MC-1483, passed 4-18-2018) Packet Page 157 Library Board 51 Packet Page 158 San Bernardino - Administration and Personnel52 Packet Page 159 CHAPTER 2.28: BOARD OF WATER COMMISSIONERS Section 2.28.010 Approval of rules and regulations 2.28.020 Violation - penalty 2.28.030 Service outside city limits 2.28.040 Water rates approval by Council resolution Cross-reference: For Charter provisions on the Board of Water Commissioners, see City Charter, Art. VI. § 2.28.010 APPROVAL OF RULES AND REGULATIONS. Pursuant to the City Charter, § 603, the Water Board is responsible for oversight and management of the city’s water supply, recycled water, wastewater collection and treatment functions. Specifically, in accordance with City Charter, § 603(h), the Water Board is empowered to establish and periodically review and revise such rules and regulations as may be appropriate for managing the city’s water supply, recycled water, wastewater collection and treatment functions. (Ord. 1872, passed 12-6-1949; Ord. 3556, passed 2-18-1976; Ord. 3665, passed 9-2-1977; Ord. 3688, passed 11-9-1977; Ord. 3708, passed 3-2-1978; Ord. 3732, passed 6-16-1978; Ord. MC-15, passed 12-9-1980; Ord. MC-175, passed 6-28-1982; Ord. MC-1562, passed 9-15-2021) § 2.28.020 VIOLATION - PENALTY. It is unlawful for any person, firm or corporation to violate any of such rules or regulations, and any person, firm, partnership, corporation or other entity violating any such rule or regulation is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. In addition, notwithstanding any language to the contrary in Chapter 9.92, such violations may be enforced through the administrative citation process set forth in Chapter 9.92. Furthermore, notwithstanding any language to the contrary in Chapter 9.93 and where appropriate at the discretion of the city’s officials, such violations may be enforced. (Ord. 1872, passed 12-6-1949; Ord. MC-460, passed 5-15-1985; Ord. MC-1562, passed 9-15-2021) § 2.28.030 SERVICE OUTSIDE CITY LIMITS. Water and sewer service outside the corporate limits of the city shall not be authorized or approved by the Board of Water Commissioners or its officers, employees and agents, except with the approval of the Mayor and CommonCity Council. (Ord. MC-106, passed 10-7-1981) § 2.28.040 WATER RATES APPROVAL BY COUNCIL RESOLUTION. Water rates and charges established by the Board of Water Commissioners, pursuant to City Charter, § 163, may be approved by resolution of the Mayor and CommonCity Council. Failure of the Mayor and CommonCity Council to act by the adoption of a resolution or ordinance within 90 days after the establishment of such water rates and charges shall be deemed an automatic approval of such water rates and charges. (Ord. MC-174, passed 6-29-1982) 53 Packet Page 160 San Bernardino - Administration and Personnel54 Packet Page 161 CHAPTER 2.30: FINE ARTS COMMISSION (Repealed by Ord. MC-1458, passed 2-21-2018) 55 Packet Page 162 San Bernardino - Administration and Personnel56 Packet Page 163 CHAPTER 2.31: RELOCATION APPEALS BOARD (Repealed by Ord. MC-1459, passed 2-21-2018) 57 Packet Page 164 San Bernardino - Administration and Personnel58 Packet Page 165 CHAPTER 2.32: BOARD OF FIRE COMMISSIONERS (Repealed by Ord. MC-1422, passed 5-16-2016) Cross-reference: Fire Department, see Chapter 2.12. Editor’s note: On July 1, 2016, the city annexed into the County Fire Protection District. The County Fire Code, and other ordinances, were ratified by the Mayor and CommonCity Council pursuant to Ord. MC-1422, passed 5-16-2016. 59 Packet Page 166 San Bernardino - Administration and Personnel60 Packet Page 167 CHAPTER 2.34: BOARD OF POLICE COMMISSIONERS (Repealed by Ord. MC-1471, passed 3-7-2018) 61 Packet Page 168 San Bernardino - Administration and Personnel62 Packet Page 169 CHAPTER 2.36: PEACE OFFICER STANDARDS AND TRAINING Section 2.36.010 Intent to qualify 2.36.020 Adherence to standards 2.36.030 Inquiries by the Commission Statutory reference: For provisions on peace officer standards and training and funds therefor, see Cal. Penal Code, §§ 13520 et seq. § 2.36.010 INTENT TO QUALIFY. The city declares that it desires to qualify to receive aid from the state under the provisions of the Cal. Penal Code, Part 4, Title 4, Chapter 1. (Ord. 2400, passed 11-28-1961) § 2.36.020 ADHERENCE TO STANDARDS. Pursuant to Cal. Penal Code, §§ 13522, 13525 and 13510(c) of said Chapter 1, the city, while receiving aid from the state pursuant to said Chapter 1, will adhere to the standards for recruitment and training established by the State Commission on Peace Officer Standards and Training. (Ord. 2400, passed 11-28-1961; Ord. MC-661, passed 6-7-1989) § 2.36.030 INQUIRIES BY THE COMMISSION. Pursuant to Cal. Penal Code, § 13512 of said Chapter 1, the Commission and its representatives may make such inquiries as deemed appropriate by the Commission to ascertain that the city’s public safety dispatcher personnel adhere to standards for selection and training established by the Commission on Peace Officer Standards and Training. (Ord. MC-661, passed 6-7-1989) 63 Packet Page 170 San Bernardino - Administration and Personnel64 Packet Page 171 CHAPTER 2.38: POLICE RESERVE Section 2.38.010 Establishment 2.38.020 Authority and control of Chief of Police 2.38.030 Membership - method of appointment 2.38.040 Rules and regulations - duties 2.38.050 Workers’ compensation benefits 2.38.060 Identification card and insignia 2.38.070 Removal from membership 2.38.080 Firearms and police baton 2.38.090 Power of arrest - authority to direct traffic 2.38.100 Uniform - use of uniform 2.38.110 Civil defense and disaster 2.38.120 Impersonation prohibited § 2.38.010 ESTABLISHMENT. A police reserve, hereinafter called “reserves,” is established as a voluntary organization composed of persons appointed by the Chief of Police, hereinafter called the “Chief;” said persons shall serve gratuitously as a volunteer unit of the City Police Department to assist regular police officers in law enforcement and the maintenance of peace and order. (Ord. 2828, passed 6-27-1967) § 2.38.020 AUTHORITY AND CONTROL OF CHIEF OF POLICE. Subject to the provisions of this chapter, the Chief of Police shall have complete control and authority over the reserves. He or she may appoint, as members thereof, any persons whom he or she deems to be qualified and he or she may reject any application for membership. He or she shall provide for the training of members in all fields of police activity and for that purpose may assign such members to various police duties. (Ord. 2828, passed 6-27-1967) § 2.38.030 MEMBERSHIP - METHOD OF APPOINTMENT. (A) Membership in the reserves is open to both men and women. Whenever the male gender is used in this chapter, it shall be construed to include both male and female. (B) No person shall become a member of the reserves until he or she is able to meet all requirements prescribed by the Chief. When so qualified and selected, he or she shall be sworn in by the Chief, or by the Chief’s representative, as a member of the reserves. (Ord. 2828, passed 6-27-1967) § 2.38.040 RULES AND REGULATIONS - DUTIES. The Chief may, by order, establish rules and regulations to govern the reserves, including the fixing of specific duties of its members and the providing of penalties and discipline for violations of such duties or orders of the Chief. He or she may change such orders from time to time. (Ord. 2828, passed 6-27-1967) § 2.38.050 WORKERS’ COMPENSATION BENEFITS. The members of the city police reserve shall receive workers’ compensation benefits as provided by law. For purposes of the Workers’ Compensation Law, members of the police reserve shall be deemed 65 Packet Page 172 San Bernardino - Administration and Personnel66 to be employees of the city. (Ord. 2828, passed 6-27-1967) Statutory reference: Workers’ Compensation Law, see Cal. Labor Code, §§ 3200 et seq. § 2.38.060 IDENTIFICATION CARD AND INSIGNIA. An identification card, badge or such other insignia or evidence of identification as the Chief may prescribe shall be issued to each member who shall carry such card at all times. Each member must surrender all city property issued to him or her upon termination of his or her membership. (Ord. 2828, passed 6-27-1967) § 2.38.070 REMOVAL FROM MEMBERSHIP. The membership of any person in the reserves may be terminated by the Chief at his or her pleasure. (Ord. 2828, passed 6-27-1967) § 2.38.080 FIREARMS AND POLICE BATON. No member of the reserves shall carry any firearms unless or until he or she has been authorized to do so by the Chief. All members of the reserves are authorized to carry the regulation police baton. (Ord. 2828, passed 6-27-1967) § 2.38.090 POWER OF ARREST - AUTHORITY TO DIRECT TRAFFIC. A member of the reserves, when on duty as assigned by the Chief, shall have the authority given to officers of the Police Department to direct traffic, and shall have the same power of arrest granted to a regular member of the Police Department, subject to any limitations which the Chief may impose. (Ord. 2828, passed 6-27-1967) § 2.38.100 UNIFORM - USE OF UNIFORM. The uniform for members of the reserves shall be similar to the uniform worn by regular members of the Police Department, with an identifying insignia to be prescribed by the Chief of Police. The uniform shall be worn only at times authorized by the Chief. (Ord. 2828, passed 6-27-1967) § 2.38.110 CIVIL DEFENSE AND DISASTER. Members of the reserves shall also enroll as volunteers of the City Civil Defense and Disaster Organization. (Ord. 2828, passed 6-27-1967) § 2.38.120 IMPERSONATION PROHIBITED. It is unlawful and an infraction, punishable in accordance with § 1.12.010, for any person, not a member of the reserves: (A) To wear, carry or display a reserve identification card, badge, cap piece or insignia; and (B) In any manner to represent himself or herself to be connected with the reserves. (Ord. 2828, passed 6-27-1967; Ord. MC-460, passed 5-15-1985; Ord. MC-1220, passed 3-20-2006) Packet Page 173 Police Reserve 67 Packet Page 174 San Bernardino - Administration and Personnel68 Packet Page 175 CHAPTER 2.39: HUMAN RELATIONS COMMISSION (Repealed by Ord. MC-1471, passed 3-7-2018) 69 Packet Page 176 San Bernardino - Administration and Personnel70 Packet Page 177 CHAPTER 2.40: COMMUNITY DEVELOPMENT COMMISSION (Repealed by Ord. MC-1459, passed 2-21-2018) 71 Packet Page 178 San Bernardino - Administration and Personnel72 Packet Page 179 CHAPTER 2.41: MAIN STREET ADVISORY BOARD (Repealed by Ord. MC-1190, passed 11-2-2004) 73 Packet Page 180 San Bernardino - Administration and Personnel74 Packet Page 181 CHAPTER 2.42: COMMUNITY TELEVISION COMMISSION (Repealed by Ord. MC-1352, passed 6-21-2011) 75 Packet Page 182 San Bernardino - Administration and Personnel76 Packet Page 183 CHAPTER 2.43: BUREAU OF FRANCHISES (Repealed by Ord. MC-1480, passed 4-18-2018) 77 Packet Page 184 San Bernardino - Administration and Personnel78 Packet Page 185 CHAPTER 2.44: CEMETERY COMMISSION (Repealed by Ord. MC-1190, passed 11-2-2004) 79 Packet Page 186 San Bernardino - Administration and Personnel80 Packet Page 187 CHAPTER 2.45: BUILDING APPEALS BOARD Section 2.45.010 Members - appointment 2.45.020 Reserved 2.45.030 Duties 2.45.040 Review of the Board’s decision 2.45.050 Oath of office 2.45.060 Chair - meetings 2.45.070 Quorum 2.45.080 Hearing procedures § 2.45.010 MEMBERS - APPOINTMENT. The Building Appeals Board shall be comprised of the members of the City Planning Commission, as defined in § 2.22.010. Members shall be appointed on a basis of knowledge in the applicable building codes, regulations and ordinances of the city, and must be qualified by training and experience to pass on matters pertaining to building construction. (Ord. MC-277, passed 6-8-1983; Ord. MC-1474, passed 3-7-2018; Ord. MC-1521, passed 9-18-2019) § 2.45.020 RESERVED. [Reserved] (Ord. MC-1474, passed 3-7-2018; Ord. MC-1521, passed 9-18-2019) § 2.45.030 DUTIES. Pursuant to § 1.8.8 of the State Building Code, being 24 Cal. Code of Regulations, Chapter 1, Part 2, Division 1, § 1.8.8, the Board shall have the duty to consider appeals of orders, decisions and determinations of the city Building Official relating to the building standards of the State Building Standards Code. The Board is authorized to establish policies and procedures necessary to carry out its duties. (Ord. MC-1474, passed 3-7-2018; Ord. MC-1521, passed 9-18-2019) § 2.45.040 REVIEW OF THE BOARD’S DECISION. The decision of the Board may be appealed to the City Council in accordance with Chapter 2.64. The City Council’s decision on an appeal from the Board’s decision is final and binding. Pursuant to Cal. Code of Civil Procedure, §§ 1094.5 and 1094.6, any action to review a decision of the City Council shall be commenced not later than the ninetieth day after the date the City Council’s order is adopted. (Ord. MC-1474, passed 3-7-2018; Ord. MC-1521, passed 9-18-2019) § 2.45.050 OATH OF OFFICE. Prior to undertaking his or her duties as a member of the Board, the member shall subscribe and file his or her official oath of office with the City Clerk. (Ord. MC-1474, passed 3-7-2018; Ord. MC-1521, passed 9-18-2019) § 2.45.060 CHAIR - MEETINGS. (A) The Chairperson of the Board shall be the Chairperson of the Planning Commission, or his or her designee. The Board shall meet only as required to consider an appeal within its jurisdiction. 81 Packet Page 188 San Bernardino - Administration and Personnel82 (B) The Board shall meet at such times and dates, and in such places, as shall be designated by the Chairperson of the Board. (C) Meetings of the Board shall be open to the public and shall be governed by the provisions of the Ralph M. Brown Act, Cal. Gov’t Code, §§ 54950.5 et seq., except as otherwise provided by law. (D) A member shall not hear an appeal in which that member has a personal, professional or financial interest. (Ord. MC-1474, passed 3-7-2018; Ord. MC-1521, passed 9-18-2019) § 2.45.070 QUORUM. Any five members in attendance at any meeting shall constitute a quorum. (Ord. MC-277, passed 6-8-1983; Ord. MC-1418, passed 10-5-2015; Ord. MC-1474, passed 3-7-2018; Ord. MC-1521, passed 9-18-2019) § 2.45.080 HEARING PROCEDURES. (A) The Board shall meet upon notice from the Chairperson. (B) The appellant, the appellant’s representative, the Building Official, the Building Official’s representative and any person whose interests are affected shall be given an opportunity to be heard. (C) The Board shall adopt and make available to the public procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. (D) A quorum of the Board shall hear an appeal. (E) The Board may modify or reverse the decision of the Building Official by a concurring vote of a majority of its members. The authority of the Board to render a decision is limited to the scope of authority of the Building Official in the first instance. The Board has no authority to waive a requirement of the State Building Standards Code. (F) The Board must issue a written decision with findings within a reasonably prompt time after filing of the appeal. (Ord. MC-1521, passed 9-18-2019) Packet Page 189 Building Appeals Board 83 Packet Page 190 San Bernardino - Administration and Personnel84 Packet Page 191 CHAPTER 2.46: DISASTER COUNCIL Section 2.46.010 Purpose 2.46.020 Definition 2.46.030 Disaster Council membership 2.46.040 Disaster Council powers and duties 2.46.050 Director and Assistant Director of Emergency Services 2.46.060 Office of Emergency Management 2.46.070 Standardized emergency management system 2.46.080 National incident management system 2.46.090 Powers and duties of the Director and Assistant Director of Emergency Services 2.46.100 Emergency organization 2.46.110 Expenditures 2.46.120 Violations 2.46.130 Excessive price increases prohibited § 2.46.010 PURPOSE. The purpose of this chapter is to provide for the preparation and execution of plans for the protection of persons and property within the city in the event of an emergency. This chapter shall provide for the direction of the emergency organization and the coordination of the emergency functions with all other public agencies, corporations, organizations and affected private persons and entities. (Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019) § 2.46.020 DEFINITION. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. EMERGENCY. The actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this jurisdiction caused by such conditions as air pollution, fire, flood, storm, epidemic, civil unrest or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of the city, requiring the combined forces of other political subdivisions to combat. (Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019) § 2.46.030 DISASTER COUNCIL MEMBERSHIP. The City Disaster Council is created and shall consist of the following: (A) The Mayor, who shall be Chair; (B) The Director of Emergency Services, who shall be Vice Chair; (C) The Assistant Director of Emergency Services; (D) Such Chiefs of Emergency Service as may be provided for in a current emergency plan of the city adopted pursuant to this chapter; and (E) Such other representatives of civic, business, labor, veterans, professional or other organizations 85 Packet Page 192 San Bernardino - Administration and Personnel86 having an official emergency responsibility, as may be appointed by the Director with the advice and consent of the City Council. (Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019) § 2.46.040 DISASTER COUNCIL POWERS AND DUTIES. The Disaster Council shall meet at least once per year, upon the call of the Chair or, in the absence of the Chair, upon the call of the Vice Chair. It shall be the duty of the Disaster Council and it is empowered to develop and recommend for adoption by the Mayor and City Council, the city’s emergency plan, mutual aid plans, agreements, ordinances, resolutions, rules and regulations as may be necessary to implement such plans and agreements. The city’s emergency plan shall provide for the effective mobilization of all the city’s resources, both public and private, to meet any condition constituting a local emergency, state of emergency or state of war emergency and shall provide for the organization, powers and duties, services and staff of the emergency organization. Such plan shall take effect upon the adoption of a resolution by the Mayor and City Council. (Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019) § 2.46.050 DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY SERVICES. (A) There is created the position of director of emergency services. The City Manager shall be the Director of Emergency Services. (B) There is created the position of assistant director of emergency services, who shall be appointed by the Director. When the Director of Emergency Services is not available, the Assistant Director of Emergency Services shall become Acting Director and assume the powers and duties of the Director. (Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019) § 2.46.060 OFFICE OF EMERGENCY MANAGEMENT. There is created the office of emergency management, which shall act at the will of the Director of Emergency Services. The City Emergency Manager shall manage the day-to-day affairs of the emergency management program and have certain other emergency management functions as specified. (Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019) § 2.46.070 STANDARDIZED EMERGENCY MANAGEMENT SYSTEM. In accordance with the Cal. Gov’t Code, § 8607, the city adopts the standardized emergency management system (“SEMS”) framework. The SEMS framework includes the use of the incident command system (“ICS”), multi-agency or interagency coordination, participation in the master mutual aid agreement and operational area concept. (Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019) § 2.46.080 NATIONAL INCIDENT MANAGEMENT SYSTEM. In accordance with Homeland Security Presidential Directive 5 (February 28, 2003), the city adopts the national incident management system (“NIMS”) framework. The NIMS framework includes the use of the standardized emergency management system and the incident command system, multi-agency or interagency coordination, participation in the master mutual aid agreement and the operational area concept. (Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019) § 2.46.090 POWERS AND DUTIES OF THE DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY SERVICES. (A) The Director is empowered to: (1) Request the Mayor and City Council to Packet Page 193 Disaster Council 87 proclaim the existence or threatened existence of a “local emergency,” if the City Council is in session, or to issue such proclamation, if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the Mayor and City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect; (2) Request the Governor to proclaim a “state of emergency” when, in the opinion of the Director, the circumstances are beyond the city’s capacity to adequately respond to or recover from the emergency; (3) Control and direct the efforts of the city’s emergency organization for the accomplishment of the purposes of this chapter; (4) Direct cooperation between and coordination of services and staff of this emergency organization and resolve questions of authority and responsibility that may arise between them; (5) Represent the city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein; and (6) In the event of the proclamation of a “local emergency” as herein provided, the proclamation of a “state of emergency” by the Governor or the existence of a “state of war emergency,” the Director is further empowered: (a) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, that such rules and regulations are confirmed at the earliest practicable time by the City Council; (b) To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property and to bind the jurisdiction for the fair value thereof and, if required immediately, to commandeer the same for public use; (c) To require emergency services of any officer or employee and, in the event of the proclamation of a “state of emergency” in the county or the existence of a “state of war emergency,” to command the aid of as many residents of the city as may be necessary in the execution of duties; provided that all such persons are given all privileges, benefits and immunities as are provided by state law for registered disaster services workers; (d) To requisition necessary personnel or material of the departments or agencies; and (e) To execute all ordinary power as City Manager; all of the special powers conferred by this chapter or by resolution or emergency plan adopted pursuant to this chapter; all powers conferred by any statute, by any agreement approved by the Mayor and City Council and by any other lawful authority. (B) The Director shall designate the order of succession to that office, to take effect in the event the Director is unavailable to attend meetings and otherwise perform duties during an emergency. Such order of succession shall be approved by the City Council. (C) The Assistant Director shall, under the supervision of the Director and with the assistance of the Chiefs of Emergency Services, develop emergency plans, manage the emergency programs of the city and have such other powers and duties as may be assigned to him or her by the Director. (Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019) § 2.46.100 EMERGENCY ORGANIZATION. All officers and employees, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may, by agreement or by operation of law, including persons impressed into service under the provisions of this chapter, be charged with duties incident to the protection of life and property in the city during such emergency, shall constitute the emergency organization of the city. (Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019) Packet Page 194 San Bernardino - Administration and Personnel88 § 2.46.110 EXPENDITURES. Any expenditure made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019) § 2.46.120 VIOLATIONS. It shall be a misdemeanor punishable by a fine not to exceed $1,000 or by imprisonment not to exceed six months, or both, for any person to, during an emergency: (A) Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed upon him or her by virtue of this chapter; (B) Commit any act or omission forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act or omission is of such nature as to give assistance to the enemy or imperil the lives or property of the inhabitants of the city, or to prevent, hinder or delay the defense or protection thereof; and (C) Wear, carry or display without proper authority any means of identification specified by the emergency agency of the state. (Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019) § 2.46.130 EXCESSIVE PRICE INCREASES PROHIBITED. (A) Upon the proclamation of a state of emergency resulting from an earthquake, flood, fire, civil unrest, storm or natural or human-made disaster declared by the President of the United States or the Governor, or upon the declaration of a local emergency resulting from an earthquake, flood, fire, civil unrest, storm or natural or human-made disaster, and for a period of 30 days following such proclamation or declaration, it shall be unlawful for any person, contractor, business or other entity to sell or offer to sell any consumer food items or goods, goods or services used for emergency cleanup, emergency supplies or medical supplies, home heating oil, building materials, housing, transportation, freight and storage services or gasoline or other motor fuels for an amount that exceeds 10% of the price charged by such person immediately prior to the proclamation or declaration of emergency; provided, however, that this prohibition shall not apply upon demonstration that the increase in price is directly attributable to additional costs imposed by the supplier of the goods or additional costs of providing such goods or services during the state of emergency and the price represents no more than 10% above the total of the cost to the seller, plus the markup customarily applied by the seller for such goods or services in the usual course of business immediately prior to the onset of the state of emergency. (B) Upon the proclamation of a state of emergency resulting from an earthquake, flood, civil unrest or storm declared by the President of the United States or the Governor, or upon the declaration of a local emergency resulting from an earthquake, flood, fire, civil unrest or storm, and for a period of 180 days following such proclamation or declaration, it shall be unlawful for a contractor to sell, or offer to sell, any repair or reconstruction services or any services used in emergency cleanup for a price of more than 10% above the price charged by that person for those services immediately prior to the proclamation or declaration of emergency. However, a greater price increase shall not be unlawful if that person can demonstrate that the increase in price is directly attributable to the additional costs imposed by the contractor’s supplier or to the additional costs of providing the service during the state of emergency and the price represents no more than 10% above the total of the cost to the contractor, plus the markup customarily applied by the contractor for such goods or services in the usual course of business immediately prior to the onset of the state of emergency. (C) Upon the proclamation of a state of emergency resulting from an earthquake, flood, fire, Packet Page 195 Disaster Council 89 civil unrest, storm or other natural disaster declared by the President of the United States or the Governor, or upon the declaration of a local emergency resulting from an earthquake, flood, fire, civil unrest, storm or other natural or human-made disaster, and for a period of 30 days following such proclamation or declaration, it shall be unlawful for the owner or operate of a hotel or motel to increase the hotel or motel’s regular rates, as advertised immediately prior to the proclamation or declaration of emergency, by more than 10%. However, a greater price increase shall not be unlawful if the owner or operator can demonstrate that the increase in price is directly attributable to the additional costs imposed on him or her for goods or labor used in his or her business, to seasonal adjustments in rates that are regularly scheduled or to previously contracted rates. (D) The provisions of this section may be extended for an additional 30-day period by the Mayor and City Council if such extension is deemed necessary to protect the lives, property or welfare of the residents of the city. (Ord. MC-1514U, passed 2-20-2019; Ord. MC-1515, passed 3-6-2019) Packet Page 196 San Bernardino - Administration and Personnel90 Packet Page 197 CHAPTER 2.47: CENTRAL CITY ADVISORY BOARD (Repealed by Ord. MC-1190, passed 11-2-2004) 91 Packet Page 198 San Bernardino - Administration and Personnel92 Packet Page 199 CHAPTER 2.48: STATE EMPLOYEES’ RETIREMENT SYSTEM Section 2.48.010 Authorization of contract 2.48.020 Authority of Mayor to execute contract Statutory reference: For provisions authorizing a city to contract with the public employees’ retirement system, see Cal. Gov’t Code, § 45345. For provisions on the public employees’ retirement system generally, see Cal. Gov’t Code, §§ 20000 et seq. § 2.48.010 AUTHORIZATION OF CONTRACT. A contract is authorized between the Mayor and CommonCity Council of the city and the Board of Administration, state employees’ retirement system; a copy of said contract is attached to the ordinance codified in this chapter and marked Exhibit A, and by such reference made a part hereof as though herein set out in full. (Ord. 1734, passed 2-6-1945) § 2.48.020 AUTHORITY OF MAYOR TO EXECUTE CONTRACT. The Mayor of the city is authorized, empowered and directed to execute said contract for and on behalf of said agency. (Ord. 1734, passed 2-6-1945) 93 Packet Page 200 San Bernardino - Administration and Personnel94 Packet Page 201 CHAPTER 2.49: SENIOR AFFAIRS COMMISSION (Repealed by Ord. MC-1458, passed 2-21-2018) 95 Packet Page 202 San Bernardino - Administration and Personnel96 Packet Page 203 CHAPTER 2.50: PERSONNEL COMMISSION Section 2.50.010 Establishment 2.50.020 Appeals from disciplinary action 2.50.030 Secretary to the Personnel Commission 2.50.040 Election of officers 2.50.050 Time and place of meetings § 2.50.010 ESTABLISHMENT. The Personnel Commission as established in City Charter, § 604 shall replace the Civil Service Board, which is dissolved. (Ord. 2449, passed 7-24-1962; Ord. 3074, passed 6-2-1970; Ord. 3150, passed 3-2-1971; Ord. 3226, passed 1-4-1972; Ord. 3313, passed 12-7-1972; Ord. 3363, passed 8-9-1973; Ord. 3526, passed 9-10-1975; Ord. 3551, passed 2-4-1976; Ord. 3676, passed 10-4-1977; Ord. MC-230, passed 12-21-1982; Ord. MC-324, passed 12-6-1983; Ord. MC-631, passed 7-6-1988; Ord. MC-1447, passed 6-7-2017) § 2.50.020 APPEALS FROM DISCIPLINARY ACTION. Pursuant to City Charter, § 604, the Personnel Commission shall hear appeals from disciplinary actions filed by city employees in the classified service, subject to the provisions of the applicable labor agreement, if any, and the personnel rules and regulations, formerly known as the civil service rules and regulations, as adopted by resolution of the Mayor and City Council and as they may be amended from time to time. The determination of the Personnel Commission on such appeals shall be final. (Ord. 2449, passed 7-24-1962; Ord. MC-1447, passed 6-7-2017) § 2.50.030 SECRETARY TO THE PERSONNEL COMMISSION. The administrative services officer, or such other person as may be designated by the City Manager, shall serve as Secretary to the Personnel Commission, and shall be responsible for posting and mailing any necessary hearing notices, issuing subpoenas for hearings before the Personnel Commission and keeping a record of the proceedings. The Personnel Commission’s power of subpoena over persons and records shall be enforceable by the courts. The City Manager shall ensure that the Personnel Commission is provided with such support as may be necessary to conduct appeal hearings as required, including a legal advisor as may be necessary. (Ord. MC-1447, passed 6-7-2017) § 2.50.040 ELECTION OF OFFICERS. The Commission shall annually elect one of its members as chair and one as vice chair. (Ord. MC-1447, passed 6-7-2017) § 2.50.050 TIME AND PLACE OF MEETINGS. The Commission shall hold regularly noticed meetings as required to hear disciplinary appeals, and may hold special meetings at the call of the Chair or a majority of the members of the Commission. (Ord. MC-1447, passed 6-7-2017) 97 Packet Page 204 San Bernardino - Administration and Personnel98 Packet Page 205 CHAPTER 2.52: CITY HALL Section 2.52.010 Hours of business § 2.52.010 HOURS OF BUSINESS. The City Hall shall be open to the public for the transaction of business between the hours of 7:30 a.m. and 4:30 p.m. daily, except on Saturdays, Sundays and those city holidays designated by resolution of the Mayor and CommonCity Council. (Ord. 2135, passed 8-21-1956; Ord. 3541, passed 11-26-1975; Ord. 3921, passed 2-25-1980) 99 Packet Page 206 San Bernardino - Administration and Personnel100 Packet Page 207 CHAPTER 2.54: HOLIDAYS Section 2.54.010 Saturday Statutory reference: For provisions authorizing cities to declare Saturdays as holidays as respects the transaction of government business, see Cal. Gov’t Code, § 6704. § 2.54.010 SATURDAY. In accordance with the provisions of the Cal. Gov’t Code, § 6704, it is declared and provided that every Saturday is a holiday as respects the transaction of business in the public offices of the city, excepting that such provisions shall not be applicable to the Water, Police or Fire Departments or the essential public services rendered by said departments. (Ord. 1811, passed 10-7-1947; Ord. MC-1220, passed 3-20-2006) 101 Packet Page 208 San Bernardino - Administration and Personnel102 Packet Page 209 CHAPTER 2.55: LOCAL CAMPAIGN FINANCE REGULATIONS Section 2.55.010 Pay-to-play restrictions 2.55.020 Enforcement 2.55.030 Campaign contribution limits to city elective office candidates § 2.55.010 PAY-TO-PLAY RESTRICTIONS. (A)Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CONTRIBUTION. Includes contributions to candidates and committees in federal, state or local elections. ELECTED OFFICIAL. Any elected official of the city, including the Mayor and all City Council members. LICENSE, PERMIT, CONTRACT or OTHER ENTITLEMENT FOR USE. All business, professional, trade and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor or personal employment contracts) and all franchises. PARTICIPANT. Any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license, permit or other entitlement for use and who has a financial interest in the decision, as described in Cal. Gov’t Code, Title 9, Chapter 7, Article 1 (commencing with § 87100). A person actively supports or opposes a particular decision in a proceeding if he or she lobbies in person the officers or employees of the agency, testifies in person before the agency or otherwise acts to influence officers of the agency. PARTY. Any person who files an application for, or is the subject of, a proceeding involving a license, permit or other entitlement for use. (B)Prohibition on soliciting and accepting certain contributions. No elected official shall accept, solicit or direct a contribution of more than $250 from any party, or his or her agent, or from any participant, or his or her agent, while a proceeding involving a license, permit, contract or other entitlement for use is pending before the city and for three months following the date a final decision is rendered in the proceeding if the elected official knows or has reason to know that the participant has a financial interest, as that term is used in Cal. Gov’t Code, Title 9, Chapter 7, Article 1 (commencing with § 87100). This prohibition shall apply regardless of whether the elected official accepts, solicits or directs the contribution for himself or herself, or on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee. (C)Elected official disclosure requirements. Prior to rendering any decision in a proceeding involving a license, permit, contract or other entitlement for use pending before the city, each elected official who received a contribution since his or her last State Fair Political Practices Commission (“FPPC”) Form 460 Filing (Recipient Committee Campaign Statement) in an amount of more than $250 from a party or from any participant shall disclose that fact on the record of the proceeding. (D)Application to candidates. Contributions made to candidates for elective office shall subject the 103 Packet Page 210 San Bernardino - Administration and Personnel104 candidate to the disclosure provision of division (C) above should the candidate be subsequently elected. Candidates who have become the Council Member-Elect or Mayor-Elect, but who have not yet been sworn in, shall be subject to the prohibition of division (B) above. (E)Applicant restrictions. A party to a proceeding before the city, involving a license, permit, contract or other entitlement for use, shall disclose on the record of the proceeding any contribution in an amount of more than $250 made since their last FPPC Form 460 Filing (Recipient Committee Campaign Statement) by the party, or his or her agent, to any elected official. No party, or his or her agent, to a proceeding involving a license, permit or other entitlement for use pending before the city and no participant, or his or her agent, in the proceeding shall make a contribution of more than $250 to any elected official during the proceeding and for three months following the date a final decision is rendered by the city in the proceeding. When a closed corporation is a party to, or a participant in, a proceeding involving a license, permit or other entitlement for use pending before the city, the majority shareholder is subject to the disclosure and prohibition requirements herein. (Ord. MC-1558, passed 6-2-2021) § 2.55.020 ENFORCEMENT. The city designates the California Fair Political Practices Commission (“FPPC”) as the enforcement agency for this chapter. The city shall provide to the FPPC twice, annually, data for all licenses, permits or other entitlements for use, as defined in § 2.55.010. The FPPC will cross-reference the data received from the city against the most recent FPPC Form 460 Filing (Recipient Committee Campaign Statement) of each elected official who has received contributions equal to or exceeding $2,000 as shown on the most recent FPPC Form 460 Filing. As set forth in Cal. Gov’t Code, § 83116, the FPPC shall have prosecutorial discretion to enforce this chapter and may discipline an elected official for violating this chapter, including, but not limited to, requiring the elected official to pay a monetary fine. (Ord. MC-1558, passed 6-2-2021) § 2.55.030 CAMPAIGN CONTRIBUTION LIMITS TO CITY ELECTIVE OFFICE CANDIDATES. (A) A person shall not make to a candidate for elective city office, and a candidate for elective city office shall not accept from a person, a contribution totaling more than $4,900. (B) On January 1, 2023, and every odd-numbered year thereafter, the limit set forth in division (A) above shall be adjusted to reflect any increase or decrease in the Consumer Price Index in the same manner as the Fair Political Practices Commission adjusts the limits under Cal. Gov’t Code, § 85301(d) or any successor provision. (C) Nothing in this section shall be deemed to exempt any person from complying with applicable provisions of any other laws of this state. (Ord. MC-1573U, passed 2-16-2022) Packet Page 211 Local Campaign Finance Regulations 105 Packet Page 212 San Bernardino - Administration and Personnel106 Packet Page 213 CHAPTER 2.56: ELECTIONS Section 2.56.001 Law governing municipal elections 2.56.010 Dates of election 2.56.020 Filing fee 2.56.030 Elections official 2.56.040 Results of primary election 2.56.050 Seating of officials elected 2.56.060 Filling a vacancy in the office of the Mayor 2.56.070 Filling a vacancy of a Council seat 2.56.080 Fiscal analysis of measure 2.56.090 Reserved 2.56.100 Reserved 2.56.105 Reserved 2.56.110 Reserved 2.56.120 Reserved 2.56.130 Reserved 2.56.140 Reserved 2.56.142 Reserved 2.56.143 Reserved 2.56.144 Reserved 2.56.146 Reserved 2.56.148 Reserved 2.56.150 Reserved 2.56.160 Reserved 2.56.170 Reserved 2.56.171 Reserved 2.56.173 Reserved 2.56.175 Reserved 2.56.180 Reserved 2.56.190 Reserved 2.56.195 Reserved Cross-reference: For Charter provisions on elections, see Charter, Arts. II and VII. Statutory reference: For provisions on notice of elections, see Cal. Election Code, §§ 10100 et seq. § 2.56.001 LAW GOVERNING MUNICIPAL ELECTIONS. City elections shall follow the provisions and procedures of the California Elections Code as applicable to general law cities, except as provided in the Charter or in this chapter. (Ord. MC-268, passed 4-26-1983; Ord. MC-476, passed 9-24-1985; Ord. MC-478, passed 9-24-1985; Ord. MC-1318, passed 10-20-2009; Ord. MC-1453, passed 1-17-2018) § 2.56.010 DATES OF ELECTION. (A) Beginning in 2018, primary elections in the city shall be held in consolidation with the statewide primary election. Beginning in 2020, primary elections in the city shall be held in consolidation with the statewide primary election and every two years thereafter. (B) Beginning in 2018, general elections in the city shall be held in consolidation with the statewide general election and every two years thereafter. (C) In 2018, and every four years thereafter, the following offices will be elected and seated: Mayor, members of the City Council from the First Ward, the Second Ward and the Fourth Ward. 107 Packet Page 214 San Bernardino - Administration and Personnel108 (D) In 2020, and every four years thereafter, the following offices will be elected and seated: members of the City Council from the Third Ward, the Fifth Ward, the Sixth Ward and the Seventh Ward. (Ord. 2048, passed 10-5-1954; Ord. 3448, passed 10-30-1974; Ord. 3601, passed 9-7-1976; Ord. MC-934, passed 3-9-1995; Ord. MC-1318, passed 10-20-2009; Ord. MC-1453, passed 1-17-2018) § 2.56.020 FILING FEE. The filing fee for nomination papers or for supplemental nomination papers shall be $25. No nomination papers or supplemental nomination papers shall be filed except upon proof of said payment. The filing fee(s) shall not be refunded in the event the candidate fails to qualify as a candidate. (Ord. 2048, passed 10-5-1954; Ord. 3601, passed 9-7-1976; Ord. MC-1318, passed 10-20-2009; Ord. MC-1453, passed 1-17-2018) § 2.56.030 ELECTIONS OFFICIAL. The City Clerk shall serve as the city’s elections official and shall carry out or cause to be carried out all the duties imposed on the elections official by the California Elections Code, except as those duties may be carried out by the county elections official for consolidated elections. (Ord. 2048, passed 10-5-1954; Ord. 2779, passed 11-8-1966; Ord. 3792, passed 12-20-1978; Ord. MC-1318, passed 10-20-2009; Ord. MC-1453, passed 1-17-2018) § 2.56.040 RESULTS OF PRIMARY ELECTION. (A) In the event that any candidate receives a majority of the votes cast for an office at the primary election, that candidate shall be elected to the office, and shall be seated following certification of the general election results. (B) In the event no candidate receives a majority of the votes cast for an office in the primary election, the two candidates receiving the highest number of votes for the office shall be the candidates for that office whose names shall appear on the ballots to be used at the general municipal election. (C) In the case of a tie vote among candidates at a primary election for a voter-nominated office, all candidates receiving the highest number of votes cast for any candidate shall be candidates at the ensuing general election, whether or not there are more candidates at the general election than prescribed by this chapter. (D) If only one candidate receives the highest number of votes cast but there is a tie vote among two or more candidates receiving the second highest number of votes cast, each of those second-place candidates shall be a candidate at the ensuing general election along with the candidate receiving the highest number of votes cast, regardless of whether there are more candidates at the general election than prescribed by this chapter. (Ord. 2048, passed 10-5-1954; Ord. 3271, passed 6-28-1972; Ord. MC-852, passed 11-3-1992; Ord. MC-1318, passed 10-20-2009; Ord. MC-1453, passed 1-17-2018) § 2.56.050 SEATING OF OFFICIALS ELECTED. The Mayor and City Council members elected in each election shall be sworn in and begin their term of service upon certification of the general election results, and shall serve until their successors qualify. (Ord. 2048, passed 10-5-1954; Ord. 2429, passed 3-27-1962; Ord. MC-1318, passed 10-20-2009; Ord. MC-1453, passed 1-17-2018) § 2.56.060 FILLING A VACANCY IN THE OFFICE OF THE MAYOR. In the event of a vacancy in the office of the Mayor, the City Council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment pursuant to the provisions applicable to general law cities, including, but not limited to, the term of the appointment, or call a special election in compliance with the provisions of Packet Page 215 Elections 109 Cal. Gov’t Code, § 36512 and Cal. Elections Code, §§ 1002 and 12001. (Ord. 2048, passed 10-5-1954; Ord. 2429, passed 3-27-1962; Ord. MC-1318, passed 10-20-2009; Ord. MC-1453, passed 1-17-2018) § 2.56.070 FILLING A VACANCY OF A COUNCIL SEAT. In the event of a vacancy in a Council seat, the City Council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment pursuant to the provisions applicable to general law cities, including, but not limited to, the term of the appointment, or call a special election in compliance with the provisions set forth in Cal. Gov’t Code, § 36512 and Cal. Elections Code, §§ 1002 and 12001. (Ord. 2048, passed 10-5-1954; Ord. 3306, passed 10-24-1972; Ord. MC-852, passed 11-3-1992; Ord. MC-1318, passed 10-20-2009; Ord. MC-1453, passed 1-17-2018) § 2.56.080 FISCAL ANALYSIS OF MEASURE. Whenever any city measure qualifies for a place on the ballot, the Mayor and City Council may direct designated city officers to prepare an initial fiscal analysis of the measure showing the amount of any increase or decrease in revenue or cost to the city. The fiscal analysis shall be printed preceding the arguments for and against the measure. If a City Attorney’s analysis has also been directed pursuant to the Cal. Elections Code, § 9280, the City Attorney’s analysis and the fiscal analysis shall be separately set forth. (Ord. 2048, passed 10-5-1954; Ord. 2429, passed 3-27-1962; Ord. 3601, passed 9-7-1976; Ord. MC-1318, passed 10-20-2009; Ord. MC-1453, passed 1-17-2018) § 2.56.090 RESERVED. [Reserved] (Repealed by Ord. MC-1453, passed 1-17-2018 and Ord. MC-1318, passed 10-20-2009) § 2.56.100 RESERVED. [Reserved] (Repealed by Ord. MC-1453, passed 1-17-2018) § 2.56.105 RESERVED. [Reserved] (Repealed by Ord. MC-1453, passed 1-17-2018) § 2.56.110 RESERVED. [Reserved] (Repealed by Ord. MC-1453, passed 1-17-2018) § 2.56.120 RESERVED. [Reserved] (Repealed by Ord. MC-1453, passed 1-17-2018) § 2.56.130 RESERVED. [Reserved] (Repealed by Ord. MC-1453, passed 1-17-2018) § 2.56.140 RESERVED. [Reserved] (Repealed by Ord. MC-1453, passed 1-17-2018) § 2.56.142 RESERVED. [Reserved] (Repealed by Ord. MC-1453, passed 1-17-2018) § 2.56.143 RESERVED. [Reserved] (Repealed by Ord. MC-1318, passed 10-20-2009) § 2.56.144 RESERVED. Packet Page 216 San Bernardino - Administration and Personnel110 [Reserved] (Repealed by Ord. MC-1318, passed 10-20-2009) § 2.56.146 RESERVED. [Reserved] (Repealed by Ord. MC-1318, passed 10-20-2009) § 2.56.148 RESERVED. [Reserved] (Repealed by Ord. MC-1453, passed 1-17-2018) § 2.56.150 RESERVED. [Reserved] (Repealed by Ord. MC-1453, passed 1-17-2018) § 2.56.160 RESERVED. [Reserved] (Repealed by Ord. MC-1453, passed 1-17-2018) § 2.56.170 RESERVED. [Reserved] (Repealed by Ord. MC-1453, passed 1-17-2018) § 2.56.171 RESERVED. [Reserved] (Repealed by Ord. MC-1453, passed 1-17-2018) § 2.56.173 RESERVED. [Reserved] (Repealed by Ord. MC-1453, passed 1-17-2018) § 2.56.175 RESERVED. [Reserved] (Repealed by Ord. MC-1453, passed 1-17-2018) § 2.56.180 RESERVED. [Reserved] (Repealed by Ord. MC-1453, passed 1-17-2018) § 2.56.190 RESERVED. [Reserved] (Repealed by Ord. MC-1453, passed 1-17-2018) § 2.56.195 RESERVED. [Reserved] (Repealed by Ord. MC-1318, passed 10-20-2009) Packet Page 217 CHAPTER 2.57: ONLINE OR ELECTRONIC FILING OF FAIR POLITICAL PRACTICES COMMISSION FORMS Section 2.57.010 Fair Political Practices Commission Form 460 § 2.57.010 FAIR POLITICAL PRACTICES COMMISSION FORM 460. Any person required to file a Fair Political Practices Commission Form 460 by Cal. Gov’t Code, §§ 84100 et seq. shall file the Form 460 online or electronically with the City Clerk. Any form filed electronically with the City Clerk shall not be required to be filed in paper format. (Ord. MC-1394, passed 12-16-2013) 111 Packet Page 218 San Bernardino - Administration and Personnel112 Packet Page 219 CHAPTER 2.58: MEETINGS Section 2.58.010 Meetings of the Mayor and City Council 2.58.020 Meetings of boards, commissions and committees 2.58.030 City Council conduct - generally 2.58.040 Mayor’s conduct - generally 2.58.050 Conduct at meetings and relating to city business 2.58.060 Prohibiting disruptive conduct at meetings 2.58.070 Willful disruptions of meetings of the Mayor and City Council 2.58.080 Holidays 2.58.090 Familiarity with Ralph M. Brown Act required 2.58.100 Continuances; fee 2.58.110 Public participation in meetings of the Mayor and City Council 2.58.120 Quasi-judicial hearings § 2.58.010 MEETINGS OF THE MAYOR AND CITY COUNCIL. (A) (1) Regular meetings of the Mayor and City Council shall be held on the first and third Wednesdays of each month at the Bing Wong Lecture Hall, Feldheym Central Library, 555 West 6th Street, San Bernardino, California, or such other location within the city as may be properly noticed. The time of regular meetings shall beset forth in a resolution adopted by a majority vote of the membership of the Council. (2) Special meetings of the Mayor and City Council may be called by the Mayor, called by four members of the Council or scheduled by the City Manager in accordance with the Brown Act and may be held at any location within the city boundaries as specified in the special meeting notice to the public. (B) The City Council, as the elected body serving all of the residents of the city, shall perform its duties and exercise its powers in a manner that serves the best interests of the entire city, rather than any particular geographic area or special interest. All meetings of the Mayor and City Council shall be held in accordance with the Brown Act. (Ord. 2284, passed 2-24-1960; Ord. 3652, passed 7-15-1977; Ord. MC-98, passed 9-15-1981; Ord. MC-715, passed 4-2-1990; Ord. MC-883, passed 9-8-1993; Ord. MC-1134, passed 12-4-2002; Ord. MC-1388, passed 6-3-2013; Ord. MC-1438, passed 4-17-2017; Ord. MC-1511, passed 2-6-2019; Ord. MC-1626, passed 2-21-2024) Statutory reference: Ralph M. Brown Act, see Cal. Gov’t Code, §§ 54950 through 54963 § 2.58.020 MEETINGS OF BOARDS, COMMISSIONS AND COMMITTEES. The dates, times and places of regular meetings of all boards, commissions and committees of the city shall be set forth in one or more ordinances or resolutions of the Mayor and City Council. (Ord. 3638, passed 4-20-1977; Ord. MC-184, passed 7-7-1982; Ord. MC-1438, passed 4-17-2017) § 2.58.030 CITY COUNCIL CONDUCT - GENERALLY. As provided in the City Charter, § 302, the City Council and Mayor are required to implement a code of conduct to guide their interactions and create accountability. In accordance with the City Charter, § 302, the members of the City Council shall conform their conduct to the following rules. 113 Packet Page 220 San Bernardino - Administration and Personnel114 (A) The role of the City Council is legislative in character, which includes the power to set policy, approve contracts and agreements not within the authority of the City Manager, or his or her subordinates, and undertake other obligations consistent with the Charter and code, while deferring to the discretion of management and staff to choose the appropriate means to achieve the Council’s goals. (B) The City Council, as the elected body serving all of the residents of the city, shall perform its duties and exercise its powers in a manner that serves the best interests of the entire city, rather than any particular geographic area or special interest. (Ord. MC-390, passed 7-9-1984; Ord. MC-1438, passed 4-17-2017) § 2.58.040 MAYOR’S CONDUCT - GENERALLY. (A) The Mayor will build consensus with the City Council to create and implement a shared vision and plan of implementation to restore the city’s fiscal integrity. (B) The Mayor will establish and maintain partnerships and regional leadership roles to advance the city’s interest. (C) The Mayor will be the chief spokesperson for the city. (D) The Mayor will be the presiding officer at meetings of the City Council and willfully participate in discussions. (E) The Mayor will work with the City Council and City Manager to coordinate goal setting and the performance evaluation of the City Manager. (Ord. MC-1438, passed 4-17-2017) § 2.58.050 CONDUCT AT MEETINGS AND RELATING TO CITY BUSINESS. (A) The residents and businesses of the city are entitled to have fair, ethical and accountable local government which has earned the public’s full confidence for integrity. The city will operate in an open, honest and transparent manner. (B) To this end, the Mayor and City Council will adhere to the following code of conduct to assure public confidence in the integrity of local government, its effective operations and fair treatment of people. (1) The professional and personal conduct of the Mayor and City Council must be above reproach and avoid the appearance of impropriety. The Mayor and members of the City Council shall refrain from abusive conduct, personal or verbal attacks upon the character or motives of each other, the staff or the public. (2) The Mayor and members of the City Council shall perform their duties in accordance with the procedural rules for meetings, established by them, in governing the deliberation of public policy issues, involvement of the public and the implementation of policy decisions of the Mayor and City Council by city staff. (3) The Mayor and City Council shall prepare themselves for public issues, listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body or otherwise interfering with the orderly conduct of meetings. (4) The Mayor and City Council shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. (5) The Mayor and City Council shall publicly share substantive information that is relevant to the matter under their consideration, which they may have received from sources outside of the public decision-making process. (6) In order to assure their independence and impartiality on behalf of the common good, the Mayor and City Council shall not use their official positions to influence government decisions in which they have a material financial interest; or where they Packet Page 221 Meetings 115 have an organizational responsibility or personal relationship which may give the appearance of a conflict of interest. (7) The Mayor and City Council shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office, that is not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action, or give the appearance of being compromised. (8) The Mayor and City Council shall respect the confidentiality of information concerning the property, personnel or affairs of the city. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interest. (9) The Mayor and City Council shall not use public resources that are not available to the public in general, such as city staff time, equipment, supplies or facilities for private gain or personal purposes. (10) The Mayor and City Council shall refrain from using their position to unduly influence the deliberations or outcomes of commission proceedings. (11) The Mayor and City Council will not divert management from the approved priorities with issues of personal interest or requests for information that may require significant staff resources without the active approval of the majority of the Mayor and City Council. The Council will come to consensus regarding major issues that need further exploration and analysis so as to judiciously give direction to the City Manager and his or her staff. This language does not prohibit the Mayor, Council members, City Attorney or City Clerk from bringing information forward and discussing it with the City Manager and/or staff. (12) When the Mayor and City Council have not taken a position on an issue, neither the Mayor nor any Council member should speak on behalf of the Mayor and City Council. When presenting their individual opinions and positions, Council members should explicitly state that they do not represent their body, the city, nor should they encourage the inference that they do. After a decision is made, the Mayor serves as the spokesperson for the city’s view on policy matters; the City Council should speak with “one voice.” (13) The Mayor and City Council shall support the maintenance of a positive and constructive work place environment for city employees and for residents and businesses dealing with the city. The Mayor and City Council shall recognize their special role in dealings with city employees and in no way create the perception of inappropriate direction to staff. (14) With respect to communications with the City Manager and staff, the following apply. (a) Unless it is a simple inquiry, the Mayor or members of the City Council will contact the City Manager before going to department heads. (b) When contacting department directors through e-mail, the Mayor and Council members will copy the City Manager as a courtesy. (c) The City Manager will ensure that the Mayor and City Council are proactively informed on major policy issues or issues that may attract media or public attention; likewise, the Mayor and City Council members will give the City Manager notice if he or she learns of issues of concern. (d) The Mayor, City Council, City Manager and staff will not blindside each other in public. (e) Council members are encouraged to submit questions on agenda items to the City Manager as far in advance of the meeting as possible so that staff can be prepared to respond at the meeting. (f) The Mayor and City Council will refer citizen complaints to staff and give them adequate time to respond. Staff will report back to the Council through the City Manager on the resolutions of these complaints. Packet Page 222 San Bernardino - Administration and Personnel116 (g) The Mayor and Council members will be provided with information from staff and other members on an equal basis so that they are equally prepared to make good decisions. (Ord. MC-1438, passed 4-17-2017) § 2.58.060 PROHIBITING DISRUPTIVE CONDUCT AT MEETINGS. The Mayor or any member of the City Council shall not engage in disorderly or disruptive conduct in the presence of the City Council at public meetings, which conduct actually disrupts, disturbs or impedes the City Council meeting. The City Council shall have power to punish the Mayor or any of its members for disorderly or disruptive conduct in its presence after first providing notice of the prohibited behavior and an opportunity to be heard. The fine shall not exceed the sum of $50. (Ord. MC-1438, passed 4-17-2017) § 2.58.070 WILLFUL DISRUPTIONS OF MEETINGS OF THE MAYOR AND CITY COUNCIL. (A) The purpose of the meetings of the Mayor and City Council is to conduct the people’s business in an efficient and orderly fashion for the benefit of all the people. That purpose is disrupted by conduct, including oral statements at meetings, that unduly prolongs the proceedings by being overly repetitious or exceeding the allotted time, diverts attention from the matter before the Mayor and City Council by raising or addressing irrelevant matters or is directed at or to the audience, the Mayor, individual City Council members or members of city staff individually rather than to the Mayor and City Council as governing body of the city or the city as a whole. (B) Accordingly, in the event that any meeting of the Mayor and City Council is willfully disrupted by a person or group of persons so as to actually impair the orderly conduct of the meeting, the members of the City Council may proceed pursuant to Cal. Gov’t Code, § 54957.9, or any applicable penal statute or ordinance. For the purposes of this section, WILLFULLY DISRUPT includes, but is not limited to, continuing to do any of the following after being warned by the presiding officer to desist from such conduct: (1) Addressing the Mayor and City Council without first being recognized by the presiding officer; (2) Persisting in addressing a subject or subjects, other than that before the Mayor and City Council; (3) Repetitiously addressing the same subject; (4) Failing to relinquish the podium when directed to do so by the presiding officer; (5) From the audience, interrupting, or attempting to interrupt, a speaker, the Mayor, a City Council member or a staff member, or shouting or attempting to shout over a speaker, the Mayor, a City Council member or a staff member; (6) As a speaker, interrupting or attempting to interrupt the Mayor, a City Council member or a staff member, or shouting over, or attempting to shout over, the Mayor, a City Council member or a staff member; (7) As a speaker, continuing to speak after being advised that the allotted time has expired; (8) As a speaker, addressing the audience rather than the Mayor and City Council; (9) Making personal, impertinent or slanderous remarks to a speaker, the Mayor, a City Council member, a staff member or the general public, which actually impairs the orderly conduct of the meeting; and (10) Uttering loud, threatening, personal or abusive language, or profanity, to a speaker, the Mayor, a City Council member, a staff member or the general public which actually impairs the orderly conduct of the meeting. (C) It shall be unlawful to violate any provision of this section. Nothing in this section or any rules of Packet Page 223 Meetings 117 the Council shall be construed to prohibit public criticism of the policies, procedures, programs or services of the city or any of the acts or omissions of the Mayor and City Council. Nothing in this section shall confer any privilege or protection for expression beyond that otherwise provided by law. (D) If any division, sentence, clause, phrase or word of this section is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The Mayor and City Council declare that they would have enacted this section and each division, sentence, clause, phrase and word thereof, irrespective of the fact that any one or more divisions, sentences, clauses, phrases or words had been declared invalid or unconstitutional. (Ord. MC-1438, passed 4-17-2017; Ord. MC-1478, passed 4-4-2018) § 2.58.080 HOLIDAYS. In the event the date of a meeting falls on a city holiday, the next business day following such holiday shall be the meeting date, at the same time and place, except as determined by the City Council. (Ord. MC-1438, passed 4-17-2017) § 2.58.090 FAMILIARITY WITH RALPH M. BROWN ACT REQUIRED. The clerk or secretary of each board, commission and committee shall review and be familiar with the provisions of the Ralph M. Brown Act, Cal. Gov’t Code, §§ 54950 et seq. (Ord. MC-1438, passed 4-17-2017) § 2.58.100 CONTINUANCES; FEE. (A) Any person, firm, corporation or other entity having an appeal or other item on the agenda of the Mayor and City Council may request a continuance of such item by submitting a request therefor to the City Clerk prior to the item being heard. Such request must be accompanied by a processing fee established by resolution of the Mayor and City Council. The granting of a continuance shall be subject to the complete discretion of the Mayor and City Council taking all of the facts and circumstances of the matter into consideration. If the request for continuance is received by telephonic communication or other means where the requester is not present, the continuance may be granted subject to the receipt of the processing fee prior to the new agenda date. Should the request for a continuance be denied, any processing fee paid shall be returned upon application made by the payor within 90 days. Any subsequent request for a continuance shall require an additional fee. (B) The fee provided for by the ordinance incorporated in this chapter and set by any resolution adopted pursuant thereto shall not apply to any continuance requested by the city, any department or officer thereof or by any agency or other entity which is funded primarily by the city. (Ord. MC-1438, passed 4-17-2017) § 2.58.110 PUBLIC PARTICIPATION IN MEETINGS OF THE MAYOR AND CITY COUNCIL. (A) The Mayor and City Council may, by resolution, adopt reasonable regulations, including time limits, for: (1) Public comments for items on the agenda; (2) Public comments for items not on the agenda; and (3) Public testimony during public hearings. (B) Notwithstanding the time limits on public comments and public testimony adopted by resolution, the presiding officer may lengthen or shorten the time limits afforded if the presiding officer determines such change is necessary for the efficient conduct of the meeting or the proper consideration of a complicated matter. (Ord. MC-1478, passed 4-4-2018) Packet Page 224 San Bernardino - Administration and Personnel118 § 2.58.120 QUASI-JUDICIAL HEARINGS. The Mayor and City Council may, by resolution, adopt rules of procedure for the conduct of quasi-judicial hearings. (Ord. MC-1478, passed 4-4-2018) Packet Page 225 CHAPTER 2.60: DISCLOSURE OF FINANCIAL INTERESTS (Repealed by Ord. MC-1220, passed 3-20-2006) 119 Packet Page 226 San Bernardino - Administration and Personnel120 Packet Page 227 CHAPTER 2.62: FILING OF OFFICIAL BONDS Section 2.62.010 Amount 2.62.020 Blanket position bond Cross-reference: For Charter provisions on official bonds, see City Charter, § 509 § 2.62.010 AMOUNT. (A) The following officers of the city, before entering upon the discharge of their official duties, and within 20 days after notice of their election or appointment, shall severally execute to the city an official faithful performance bond in the following penal sums: (1) Mayor, $1,000; (2) Each member of the CommonCity Council, $1,000; (3) City Clerk, $1,000; (4) City Attorney, $1,000; (5) Each member of the Board of Water Commissioners, $1,000; and (6) City Treasurer, $100,000. (B) The City Treasurer, in addition to his or her official bond in the penal sum of $100,000, shall execute to the city an additional bond in the penal sum of $25,000, which additional bond shall be known as the Treasurer’s Trust Fund Bond and shall be conditioned for the payment by the Treasurer to any person, firm or corporation lawfully entitled thereto, of all monies received by the Treasurer, his or her deputies, clerks and attaches, under or pursuant to the provisions of the Improvement Act of 1911, or any other special assessment, law or act, by the provisions of which monies, other than monies belonging to the city, are payable to the City Treasurer for disbursement to any person, firm or corporation, other than the city, and which Trust Fund Bond shall, by its provisions, be made to enure to the benefit of, and provide that an action may be maintained thereon by, any person, firm or corporation entitled to receive money from the Treasurer under the aforesaid laws. (Ord. 2934, passed 8-20-1968) Statutory reference: Ralph M. Brown Act, see Cal. Gov’t Code, §§ 54950 through 54963 § 2.62.020 BLANKET POSITION BOND. (A) For each employee of the city, except employees in the City Municipal Water Department, a blanket position bond shall be provided, indemnifying the city against any and all fraudulent or dishonest acts and failure of performance of official duties, including false arrest by Police Department employees and failure to account properly for any and all monies or property received by virtue or authority of any position or employment, of or by any employee, acting alone or in collusion with others. The bond shall comply with the provisions of all other ordinances of the city applicable thereto and shall be in the following amounts for the employment indicated: Chief of Police, $5,000; Chief Deputy City Treasurer, $90,000 and all other staff members of or assigned to the Treasurer’s office, $20,000; City Manager, $10,000; Director of Finance and Management Services, $10,000; purchasing agent, $10,000; and all other employees, $2,500 each. (B) The words EMPLOYEE or EMPLOYEES, as used in this section, means and includes those officers, employees and other subordinates of the city 121 Packet Page 228 San Bernardino - Administration and Personnel122 who are not otherwise required by ordinance or law to furnish an individual bond to qualify for office or employment. (Ord. 2934, passed 8-20-1968; Ord. 3383, passed 10-17-1973; Ord. MC-1625, passed 2-21-2024) Packet Page 229 CHAPTER 2.64: APPEALS TO COMMONCITY COUNCIL Section 2.64.010 Purpose 2.64.020 When procedure not applicable 2.64.030 Filing notice of appeal 2.64.040 Notice of appeal - time limit 2.64.050 Notice of appeal - contents 2.64.060 Action by the City Clerk 2.64.070 Consideration by Council 2.64.080 Judicial review § 2.64.010 PURPOSE. The purpose of the appeal procedure prescribed in this chapter is to provide a general method of recourse, in any instance where an appeal to the CommonCity Council is not otherwise prescribed by code or other ordinance of the city, available in the event any person is aggrieved by or dissatisfied with any order, requirement, permit, decision or determination made by a city officer, official or department head or by an administrative body of the city in the administration or enforcement of any provision of any local ordinance, code, rule or regulation. (Ord. 2622, passed 11-17-1964) § 2.64.020 WHEN PROCEDURE NOT APPLICABLE. The appeal procedure prescribed in this chapter shall not apply when other provisions of this code, an ordinance or resolution provides a method of appeal to a board, commission, committee, a public body or employee in specific cases, and shall not apply to law enforcement activities involving ordinances or state law, or to the decisions of the Civil Service Board. These procedures shall apply to any and all appeals to the CommonCity Council authorized in this chapter or in other provisions of the code unless expressly otherwise provided. (Ord. 2622, passed 11-17-1964; Ord. MC-410, passed 9-18-1984) § 2.64.030 FILING NOTICE OF APPEAL. Except as provided in § 2.64.020, any person aggrieved by, dissatisfied with or excepting to any action, denial, order, requirement, permit, decision or determination made or issued by a city officer, official or department head or by an administrative board, commission, body or other agency of the city, pursuant to the provisions of any ordinance, code, rule or regulation of the city, may appeal therefrom by filing a written notice of appeal with the City Clerk, directed to the CommonCity Council. (Ord. 2622, passed 11-17-1964) § 2.64.040 NOTICE OF APPEAL - TIME LIMIT. Any such notice of appeal shall not be valid and shall not be acted upon unless filed within 15 days after the date of the action or decision appealed from. If notice of such action has not been provided in writing, and the appellant had no notice of the hearing at which the action was to be considered, the appellant may, within five days after first becoming aware of such action, demand written notice thereof, and shall have ten days following such notice in which to file the notice of appeal. A prospective appellant who was present at the time the action or decision relating thereto was made shall be presumed to have constructive notice thereof and shall file a notice of 123 Packet Page 230 San Bernardino - Administration and Personnel124 appeal within 15 days after the date of the action or decision. (Ord. 2622, passed 11-17-1964; Ord. MC-410, passed 9-18-1984) § 2.64.050 NOTICE OF APPEAL - CONTENTS. (A) The notice of appeal shall be in writing and shall set forth: (1) The specific action appealed from; (2) The specific grounds of appeal; and (3) The relief or action sought from the CommonCity Council. (B) In the event any notice of appeal fails to set forth any information required by this section, the City Clerk shall return the same to the appellant with a statement of the respects in which it is deficient, and the appellant shall thereafter be allowed five days in which to perfect and refile his or her notice of appeal. (Ord. 2622, passed 11-17-1964; Ord. MC-410, passed 9-18-1984) § 2.64.060 ACTION BY THE CITY CLERK. Upon the timely filing of a notice of appeal in proper form, the City Clerk shall schedule the matter promptly for public hearing upon the CommonCity Council agenda for the first regularly scheduled Council meeting following the sixth day after said timely filing. City Clerk shall promptly give notice to the appellant and affected city parties of the setting of such public hearing. § 2.64.070 CONSIDERATION BY COUNCIL. At the time of consideration of the appeal by the CommonCity Council, all evidence and arguments shall be received, but shall be limited to, the specific grounds of appeal and matters set forth in the notice of appeal. The appellant shall have the burden of establishing cause why the action appealed from should be altered, reversed or modified. The department, agency, city officer, official or department head whose action is being considered shall have the opportunity to answer arguments made and rebut any evidence so offered. The CommonCity Council shall review the evidence, findings and record relating to the decision or action. The CommonCity Council may continue the matter from time to time, and at the conclusion of its consideration may affirm, reverse or modify the action appealed from and may take any action which might have been legally taken in the first instance by the person or entity from whose action the appeal has been taken. In the ruling on the appeal, the findings and action of the CommonCity Council shall be final and conclusive in the matter. (Ord. 2622, passed 11-17-1964; Ord. MC-410, passed 9-18-1984) § 2.64.080 JUDICIAL REVIEW. The Mayor and CommonCity Council shall take all lawful steps to ensure that any appellant aggrieved by said decision of the CommonCity Council shall be afforded prompt judicial review if such decision is challenged in court. (Ord. MC-1075, passed 6-21-2000) Packet Page 231 Appeals to CommonCity Council 125 Packet Page 232 San Bernardino - Administration and Personnel126 Packet Page 233 CHAPTER 2.65: SALE OF REAL PROPERTY Section 2.65.010 Authority 2.65.020 Competitive bid 2.65.030 Negotiated purchase 2.65.040 Fair market value 2.65.050 Sales to public agencies 2.65.060 Terms § 2.65.010 AUTHORITY. Pursuant to the provisions of the City Charter, § 40(a), real property owned by the city shall be sold as provided in this chapter. (Ord. MC-955, passed 12-19-1995) § 2.65.020 COMPETITIVE BID. Real property with a fair market value of $25,000 or greater shall be sold by competitive bid to the highest and best bidder, but the sales price shall not be less than the fair market value. (Ord. MC-955, passed 12-19-1995) § 2.65.030 NEGOTIATED PURCHASE. Real property with a fair market value of less than $25,000 may be sold by negotiated purchase, but the sales price shall not be less than the fair market value. (Ord. MC-955, passed 12-19-1995) § 2.65.040 FAIR MARKET VALUE. For the purposes of this chapter, fair market value shall be established by resolution of the Mayor and CommonCity Council based on good and sufficient evidence in the record. For the purposes of property with a fair market value of $25,000 or more, GOOD AND SUFFICIENT EVIDENCE shall mean and include a formal appraisal performed by a licensed appraiser who is not a city employee. (Ord. MC-955, passed 12-19-1995) § 2.65.050 SALES TO PUBLIC AGENCIES. Notwithstanding anything in this chapter to the contrary, real property owned by the city may be sold to another public agency without the need for competitive bid, but the sales price shall not be less than the fair market value. (Ord. MC-955, passed 12-19-1995) § 2.65.060 TERMS. A sales price may be a cash purchase or the city may accept a note and deed of trust at the fair market interest rate. (Ord. MC-955, passed 12-19-1995) 127 Packet Page 234 San Bernardino - Administration and Personnel128 Packet Page 235 CHAPTER 2.66: CONTRACT OF INDEMNITY Section 2.66.010 Corporation requirements § 2.66.010 CORPORATION REQUIREMENTS. In all instances where, by the provisions of the Charter, or any ordinance or resolution of the city, or by any law, any bond, undertaking, contract of indemnity or insurance is required or provided for or on behalf of the city or any board, department or officer thereof, the same shall be executed by a corporation organized under the laws of the United States or under the laws of any state thereof, and authorized to transact business in the state in accordance with law, and such corporation shall have a general policyholder’s rating in accordance with Best’s Insurance Guide of “A” or higherA.M. Best Company of no less than A:VIII and licensed to do business in the state; provided, however, the provisions of this section shall not apply in those instances where by law the city is required to obtain insurance or indemnity from the State Compensation Fund or some like governmental entity. (Ord. 821, passed 8-9-1921; Ord. 1918, passed 7-2-1951) 129 Packet Page 236 San Bernardino - Administration and Personnel130 Packet Page 237 CHAPTER 2.68: VACANCIES IN OFFICE Section 2.68.010 Assumption of duties by highest ranking department member 2.68.020 Temporary absence - assumption of duties 2.68.030 Chapter inapplicable to Mayor and members of CommonCity Council § 2.68.010 ASSUMPTION OF DUTIES BY HIGHEST RANKING DEPARTMENT MEMBER. In the event of a vacancy in the office of the head of a department or division or other office of the city, the assistant, chief deputy or highest ranking officer in such department, division or office shall assume the duties and powers of the department or division head or officer as an assignment of such powers and duties by the Mayor and CommonCity Council, except as may be otherwise provided to the contrary by the Charter, or by an ordinance, resolution or order of the Mayor and CommonCity Council. The performance of such duties and powers by the assistant, chief deputy or highest ranking officer of such department, division or office shall not entitle such officer to any additional salary, compensation or benefits as the head of the department, division or office, except as may be authorized pursuant to a resolution or ordinance of the city. (Ord. 3770, passed 10-6-1978) § 2.68.020 TEMPORARY ABSENCE - ASSUMPTION OF DUTIES. In the temporary absence of the head of a department, division or office, the assistant, chief deputy or highest ranking officer of such department, division or office shall assume the duties and powers of the head of the department, division or office, except as may be otherwise ordered by the head of such department, division or office. The performance of the duties and powers of the head of the department, division or office by the assistant, chief deputy or highest ranking officer shall be considered an assignment of additional duties and powers, and shall not entitle such assistant, chief deputy or highest ranking officer to any additional salary, compensation or benefits while performing the duties and powers of the head of the department, division or office, except as may be authorized pursuant to resolution or ordinance of the city. (Ord. 3770, passed 10-6-1978) § 2.68.030 CHAPTER INAPPLICABLE TO MAYOR AND MEMBERS OF COMMONCITY COUNCIL. This chapter shall be inapplicable to the offices of the Mayor and members of the CommonCity Council. (Ord. 3770, passed 10-6-1978) 131 Packet Page 238 San Bernardino - Administration and Personnel132 Packet Page 239 CHAPTER 2.70: SALE OF UNCLAIMED PROPERTY Section 2.70.010 Definition 2.70.020 State statute adopted by reference 2.70.030 Sale at public auction 2.70.040 Proceeds of sale 2.70.050 Duty of Police Department 2.70.060 Sale of forfeited property Statutory reference: For provisions on lost and unclaimed property, see Cal. Civil Code, §§ 2080 et seq.Code of Civil Procedure, §§ 1500 et seq. § 2.70.010 DEFINITION. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. UNCLAIMED PROPERTY. Includes any and all lost, abandoned or unclaimed personal property of whatsoever kind or character, but does not include such property which is specifically ordered to be destroyed by the provisions of the law nor to the disposal of dogs, cats or livestock. (Ord. 2121, passed 6-19-1956) § 2.70.020 STATE STATUTE ADOPTED BY REFERENCE. (A) Cal. Civil Code, §§ 2080, 2080.1 and 2080.2 are adopted by reference and made effective and operative in the city. Any and all unclaimed property now or hereinafter coming into the possession of the Police Department shall be inventoried at least every three months by the Chief of Police and a full and complete list thereof shall be transmitted to the City Manager. (B) Any and all unclaimed property found by city employees during the course of their employment shall be delivered to the Police Department and shall be disposed of in accordance with this chapter. (Ord. 2121, passed 6-19-1956; Ord. 3273, passed 7-14-1972) § 2.70.030 SALE AT PUBLIC AUCTION. (A) The City Manager, upon receipt of the list of unclaimed property, shall determine therefrom the unclaimed bicycles that have been held by the Police Department for a period of at least three months and all other unclaimed property that has been held at least four months, whereupon the City Manager shall cause the unclaimed property so held to be sold at public auction. (B) Notice of such sale, describing the property in sufficient detail for its identification, shall be prepared by the City Manager, or his or her designee, and the notice signed by the Chief of Police, which notice of the sale shall be given at least five days before the time fixed therefor by publication once in a newspaper of general circulation published in the city. (C) If, after five days following the publication of the notice, no owner appears and proves his or her ownership of the property and the person who found or saved the property pays the cost of the publication, the title shall vest in the person who found or saved the property unless the property was found in the course of employment by an employee of the city in which case the property shall be sold at public auction or transferred for the use of any department of the 133 Packet Page 240 San Bernardino - Administration and Personnel134 city. Title to the property shall not vest in the person who found or saved the property unless the cost of publication is first paid to the City Treasurer prior to the sale at public auction. (D) No city officer or employee shall directly or indirectly submit a bid for the purchase of the unclaimed property at the sale if he or she has authorized, conducted or administered, or participated in the preparation or conduct of the sale in his or her official capacity. (E) The property so offered for sale shall be sold to the highest bidder for cash or other form of payment that may be approved by the City Manager. (Ord. 2121, passed 6-19-1956; Ord. 3273, passed 7-14-1972) § 2.70.040 PROCEEDS OF SALE. The proceeds of the auction sale or sales shall immediately be deposited with the City Treasurer and placed in the General Fund thereof. (Ord. 2121, passed 6-19-1956) § 2.70.050 DUTY OF POLICE DEPARTMENT. It shall be the duty and responsibility of the Police Department to safely keep any and all unclaimed properties, subject to the right of the administrative officer to sell such properties at public auction as provided in this chapter, whereupon the property shall then be delivered to the purchaser upon payment of the purchase price. (Ord. 2121, passed 6-19-1956) § 2.70.060 SALE OF FORFEITED PROPERTY. (A) Property forfeited pursuant to 21 U.S.C. §§ 881 et seq. and Cal. Health and Safety Code, §§ 11488 et seq. that is released to the Police Department for disposition may be sold at public auction following the procedures set forth in § 2.70.030(B), (D) and (E). (B) Proceeds from the sale of such forfeited property shall be deposited in the Special Deposits Fund of the city in a special account designated by the Director of Finance and Management Services and thereafter be disbursed by the Department with the authorization of the City Manager pursuant to the applicable city procedures and state and/or federal laws. (Ord. MC-624, passed 5-4-1988; Ord. MC-1220, passed 3-20-2006; Ord. MC-1625, passed 2-21-2024) Packet Page 241 Sale of Unclaimed Property 135 Packet Page 242 San Bernardino - Administration and Personnel136 Packet Page 243 CHAPTER 2.72: DEMANDS AGAINST CITY; PAYMENT Section 2.72.010 Demands; payment; signature § 2.72.010 DEMANDS; PAYMENT; SIGNATURE. Drafts (warrants) or checks for payment of approved demands against the city shall be signed by the City Treasurer or such other city official as may be designated by resolution of the Mayor and CommonCity Council and countersigned by the City Clerk. Pursuant to the City Charter, § 135, this provision shall prevail over any conflicting provisions of the general law. (Ord. MC-47, passed 4-27-1981) 137 Packet Page 244 San Bernardino - Administration and Personnel138 Packet Page 245 CHAPTER 2.73: COLLECTION OF DEBTS Section 2.73.010 Definition 2.73.020 Manner of collection - general 2.73.030 Manner of collection - collection agency § 2.73.010 DEFINITION. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. DEBT OWING TO THE CITY (sometimes referred to as ACCOUNT or ACCOUNTS). The amount of any unpaid judgment, fee, charge, fine, penalty, tax, assessment or other sum of any nature whatsoever, imposed on a person other than the city pursuant to any provision of this municipal code. The term includes all amounts encompassed in the foregoing notwithstanding the separate or additional classification of such amount that may be set forth in the applicable provision of the municipal code. The term includes all interest; accruals; administrative fees; fees, including attorneys’ fees; penalties; and/or costs of collection associated with the original amount. § 2.73.020 MANNER OF COLLECTION - GENERAL. (A) Any debt owing to the city is subject to recovery using any procedure for debt collection permitted by law. (B) The procedures set forth in this chapter are in addition to and not in derogation of any other provision for collection of a debt owing to the city. (Ord. MC-1330, passed 8-3-2010) § 2.73.030 MANNER OF COLLECTION - COLLECTION AGENCY. (A) The City Manager may, with the approval of the Mayor and CommonCity Council, contract for the services of a collection agency to recover amounts due as a debt owing to the city. If the election is made to use a collection agency, such use shall be consistent with the provisions set forth herein. The City Manager may delegate this authority among the departments of the city as he or she may deem appropriate. (B) Employment of a collection agency shall not include the services of a licensed attorney and shall not include participation in any court proceeding by the collection agency on behalf of the city except with the prior written approval of the City Attorney. (C) Prior to transfer of the account to a collection agency, the City Manager, or his or her designee, shall notify the debtor in writing, at the address of record, that the alleged debt owing to the city will be turned over for private collection unless the account is paid or appealed within a designated time period. 139 Packet Page 246 San Bernardino - Administration and Personnel140 (D) Assignment or other legal transfer of the rights in an account to the collection agency may be made with the prior approval of the City Attorney. (E) No debt owing to the city shall be transferred to a collection agency if the account has been contested. (F) No contract with a collection agency for the collection of debt owing to the city shall take effect unless and until there are written policies and procedures for the internal processing of such amounts. (Ord. MC-1330, passed 8-3-2010) Packet Page 247 CHAPTER 2.74: FINANCIAL INTERESTS OF APPOINTED CITY COMMITTEE MEMBERS Section 2.74.010 Participation of committee members - financial interest 2.74.020 Participation in local governmental action or decision 2.74.030 Financial interest - material effect - indirect investment or interest 2.74.040 Definition: decision making authority § 2.74.010 PARTICIPATION OF COMMITTEE MEMBERS - FINANCIAL INTEREST. No member appointed by the Mayor, the Council or a Council member and approved by the Council to a committee having decision making authority shall make, participate in making or in any way attempt to use the member’s official position to influence a governmental decision in which the member knows, or has reason to know, the member has a financial interest. (Ord. MC-64, passed 6-19-1981) § 2.74.020 PARTICIPATION IN LOCAL GOVERNMENTAL ACTION OR DECISION. Section 2.74.010 does not prevent any committee member from making or participating in the making of a governmental decision to the extent the member’s participation is legally required for the action or decision to be made. The fact that a committee member’s vote is needed to break a tie does not make the member’s participation legally required for purposes of this section. (Ord. MC-64, passed 6-19-1981) § 2.74.030 FINANCIAL INTEREST - MATERIAL EFFECT - INDIRECT INVESTMENT OR INTEREST. (A) A committee member has a financial interest in a decision within the meaning of § 2.74.010 if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on: (1) Any business entity in which the committee member has a direct or indirect interest worth more than $1,000; (2) Any real property in which the committee member has a direct or indirect interest worth more than $1,000; (3) Any source of income, other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $250 or more in value provided to, received by or promised to the committee member within 12 months prior to the time when the decision is made; and (4) Any business in which the committee member is a director, officer, partner, trustee, employee or holds a position of management. (B) For purposes of this section, INDIRECT INVESTMENT or INTEREST means any investment 141 Packet Page 248 San Bernardino - Administration and Personnel142 or interest owned by the spouse or dependent child of a committee member, by an agent or on behalf of a committee member or by a business entity or trust in which the committee member, the committee member’s agents, spouse and dependent children own directly, indirectly or beneficially a 10% interest or greater. (Ord. MC-64, passed 6-19-1981) § 2.74.040 DEFINITION: DECISION MAKING AUTHORITY. (A) It may make a final governmental decision. (B) It may compel a governmental decision, or it may prevent a governmental decision either by reason of an exclusive power to initiate the decision or by reason of a veto which may not be overridden. (C) It makes substantive recommendations which are, and over an extended period of time have been, regularly approved without significant amendment or modification by another public official or governmental agency. (Ord. MC-64, passed 6-19-1981) Packet Page 249 CHAPTER 2.75: USE OF CITY’S CATV FACILITIES Section 2.75.010 Prohibition 2.75.020 Exceptions § 2.75.010 PROHIBITION. It shall be an unlawful use of city property and facilities for the Mayor or a member of the CommonCity Council of the city to use his or her position to use or cause to be used the equipment and/or facilities of the Telecommunications Division for television or CATV telecast or tape production for the purpose of criticizing the actions of the Mayor or CommonCity Council or the Mayor and CommonCity Council or any individual member of the CommonCity Council. (Ord. MC-822, passed 3-9-1992) § 2.75.020 EXCEPTIONS. Section 2.75.010 shall not apply to a legally called meeting of the Mayor and CommonCity Council, nor to a political debate or public forum where candidates or proponents and opponents of ballot measures are given equal opportunity to present their views. This exception shall not allow such criticism to be televised or taped during a recess or closed session of a Council meeting even though the Council is still technically in session during said recess or closed session. (Ord. MC-822, passed 3-9-1992) 143 Packet Page 250 San Bernardino - Administration and Personnel144 Packet Page 251 CHAPTER 2.76: COUNCIL COMMITTEES Section 2.76.010 Powers of City Council sub-committees 2.76.020 Notice of meetings 2.76.030 Information from city personnel 2.76.040 Assignment of sub-committee members and designation of sub-committee chairpersons § 2.76.010 POWERS OF CITY COUNCIL SUB-COMMITTEES. Any committee appointed by the Mayor from among the City Council membership shall have power to study, research and make appropriate recommendations to the Mayor and City Council concerning any matter referred to such committee by the Mayor and City Council. The scope and function of any such Council sub-committee shall be as directed by the Mayor and City Council, which shall provide specific direction as to the purposes and actions of the Council sub-committee. (Ord. MC-345, passed 3-7-1984; Ord. MC-362, passed 4-17-1984; Ord. MC-1455, passed 2-7-2018) § 2.76.020 NOTICE OF MEETINGS. Each City Council sub-committee shall give reasonable notice of time and place of its meetings and shall provide a copy of its agenda, attachments and minutes to the Mayor, City Council, City Manager, City Attorney and such other city officials as it may deem advisable. (Ord. MC-345, passed 3-7-1984; Ord. MC-362, passed 4-17-1984; Ord. MC-1455, passed 2-7-2018) § 2.76.030 INFORMATION FROM CITY PERSONNEL. Upon the referral of any matter by the Mayor and City Council, such City Council sub-committee, whether standing, permanent or temporary, shall have power to request, upon giving reasonable notice, the City Manager to provide, or cause to be provided, to the sub-committee such data reasonably required by the City Council sub-committee to carry out its direction. (Ord. MC-345, passed 3-7-1984; Ord. MC-362, passed 4-17-1984; Ord. MC-1455, passed 2-7-2018) § 2.76.040 ASSIGNMENT OF SUB-COMMITTEE MEMBERS AND DESIGNATION OF SUB-COMMITTEE CHAIRPERSONS. It shall be the responsibility and duty of the Mayor to assign City Council Members to all standing committees and ad hoc sub-committees of the City Council. It shall also be the responsibility and duty of the Mayor to designate chairpersons of all standing sub committees and ad hoc sub-committees of the City Council. (Ord. MC-1289, passed 11-4-2008; Ord. MC-1455, passed 2-7-2018) 145 Packet Page 252 San Bernardino - Administration and Personnel146 Packet Page 253 CHAPTER 2.77: FACILITIES MANAGEMENT DEPARTMENT (Repealed by Ord. MC-1324, passed 6-8-2010) 147 Packet Page 254 San Bernardino - Administration and Personnel148 Packet Page 255 CHAPTER 2.78: CODE COMPLIANCE DEPARTMENT (Repealed by Ord. MC-1355, passed 7-6-2011) 149 Packet Page 256 San Bernardino - Administration and Personnel150 Packet Page 257 CHAPTER 2.79: INFORMATION TECHNOLOGY DEPARTMENT Section 2.79.010 Established 2.79.020 Director - duties § 2.79.010 ESTABLISHED. The information technology department is established which shall be administered by a Director of Information Technology. The position of Director of Information Technology shall be filled by appointment of the City Manager with the approval of the CommonCity Council. § 2.79.020 DIRECTOR - DUTIES. The Director of Information Technology, under the immediate supervision and direction of the City Manager, shall have all the powers and perform all the duties that are now or may hereafter be conferred or imposed by City Charter, law or the Mayor and CommonCity Council relating to development and maintenance of the city’s computer systems, and other such duties as may be assigned by the City Manager. The Director shall plan, coordinate and report on all the duties and activities involved in such programs. (Ord. MC-1220, passed 3-20-2006) 151 Packet Page 258 San Bernardino - Administration and Personnel152 Packet Page 259 CHAPTER 2.80: ANIMAL CONTROL DEPARTMENT (Repealed by Ord. MC-1324, passed 6-8-2010) 153 Packet Page 260 San Bernardino - Administration and Personnel154 Packet Page 261 CHAPTER 2.81: POLICE DEPARTMENT Section 2.81.010 Appointment of Police Chief 2.81.020 Duties of Police Chief § 2.81.010 APPOINTMENT OF POLICE CHIEF. The Mayor shall appoint, subject to the confirmation of the CommonCity Council, a police chief. The position requires exceptional qualifications of a managerial, professional and educational character. § 2.81.020 DUTIES OF POLICE CHIEF. The Police Chief shall have the general management and supervision over the Police Department, under the regulations and directions of the Mayor and CommonCity Council and under the immediate supervision of the City Manager. (Ord. MC-1220, passed 3-20-2006) 155 Packet Page 262 San Bernardino - Administration and Personnel156 Packet Page 263 CHAPTER 2.82: MAYOR AND CITY COUNCIL COMPENSATION Section 2.82.010 Compensation of Mayor 2.82.020 Compensation of City Council members § 2.82.010 COMPENSATION OF MAYOR. (A) Commencing with the certification of the November 2022 election, the Mayor shall receive the following compensation: (1) Annual salary of $50,000; (2) Employer health benefits contribution equivalent to that offered by the city to management employees; and (3) An auto allowance of $725 per month. (B) The compensation set forth herein shall be paid without regard to the number of City Council meetings attended by the Mayor. The Mayor may waive all or any portion of her or his own compensation. The compensation set forth herein is exclusive of any amounts payable to the Mayor as per day compensation for city business-related travel and further exclusive of any amounts payable to the Mayor for out of town attendance on city-related business. (Ord. MC-1504, passed 10-3-2018; Ord. MC-1571, passed 2-2-2022) § 2.82.020 COMPENSATION OF CITY COUNCIL MEMBERS. (A) Each City Council member shall receive the following compensation: (1) Annual salary of $37,500; (2) Employer health benefits contribution equivalent to that offered by the city to management employees; (3) An auto allowance of $725 per month; and (4) An annual cost of living adjustment equivalent to that offered by the city to management employees. (B) The compensation set forth herein shall be paid without regard to the number of City Council meetings attended by the applicable City Council member. Any City Council member may waive all or any portion of her or his own compensation. The compensation set forth herein is exclusive of any amounts payable to a City Council member as per day compensation for city business-related travel and further exclusive of any amounts payable to a City Council member for out of town attendance on city-related business. (Ord. MC-1504, passed 10-3-2018; Ord. MC-1595, passed 11-2-2022) 157 Packet Page 264 San Bernardino - Administration and Personnel158 Packet Page 265 CHAPTER 2.83: DEPARTMENT OF ECONOMIC DEVELOPMENT Section 2.83.010 Established 2.83.020 Director - duties § 2.83.010 ESTABLISHED. There is established a department of economic development. (Ord. MC-1625, passed 2-21-2024) § 2.83.020 DIRECTOR - DUTIES. The Department shall be under the management and control of the Director of Economic Development, who shall be appointed by the City Manager with approval of the Mayor and City Council. Under the policies of the Mayor and City Council, the Director shall have all the powers and perform all the duties that are now or may hereafter be conferred or imposed by City Charter, law or the Mayor and City Council relating to economic development, planning, designing and implementing economic development strategies, as well as acting as a key liaison between public and private sectors and the community, and shall plan, coordinate and report on all the duties and activities involved in such programs. (Ord. MC-1625, passed 2-21-2024) 159 Packet Page 266 San Bernardino - Administration and Personnel160 Packet Page 267 TITLE 3: REVENUE AND FINANCE Chapter 3.04. PURCHASING SYSTEM 3.05. BUDGET TRANSFERS 3.08. WARRANTS 3.10. CHECKS RETURNED FOR INSUFFICIENT FUNDS 3.12. REFUND OF FEES FOR PERMITS, LICENSES AND CERTIFICATES 3.13. WAIVER OR REFUND OF FEES FOR CHARITABLE ORGANIZATIONS 3.16. CLAIMS AGAINST THE CITY 3.20. SPECIAL GAS TAX STREET IMPROVEMENT FUND 3.24. TRAFFIC SAFETY FUND 3.26. TRAFFIC SYSTEMS FEE 3.27. DEVELOPMENT IMPACT FEES 3.28. SPECIAL PUBLIC HEALTH FUND 3.32. PUBLIC PARK DEVELOPMENT AND RECREATION FUND 3.36. CEMETERY FUND 3.38. PLANNED LOCAL DRAINAGE FACILITIES FUND 3.40. PROPERTY TAXES 3.44. SERVICE USERS TAX 3.46. SERVICE USERS TAX REDUCTION AND MODERNIZATION ACT 3.48. REAL PROPERTY TRANSFER TAX 1 Packet Page 268 San Bernardino - Revenue and Finance2 3.52. UNIFORM TRANSIENT OCCUPANCY TAX 3.54. RESERVED 3.55. TRANSIENT LODGING TAX 3.56. UNIFORM LOCAL SALES AND USE TAX 3.57. TRANSACTIONS AND USE TAX 3.60. CIGARETTE TAX 3.64. TAX ON PARKING AND BUSINESS IMPROVEMENT AREA 3.68. ASSESSMENT FOR NUISANCE ABATEMENT 3.70. FEES SET BY RESOLUTION 3.72. USER FEES FOR EMERGENCY MEDICAL SERVICES 3.73. USER FEES FOR VIDEO PRODUCTION SERVICES 3.75. DRAINAGE FACILITIES; PUBLIC UTILITIES 3.80. COST RECOVERY SYSTEM FOR BOOKING FEE COLLECTIONS Packet Page 269 CHAPTER 3.04: PURCHASING SYSTEM Section 3.04.010 Adoption of purchasing system 3.04.020 Purchasing division 3.04.030 Bidding requirements 3.04.040 Approval authority 3.04.050 Purchase orders and procurement cards 3.04.060 Encumbrance of funds 3.04.070 Emergency purchases 3.04.080 Surplus supplies and equipment 3.04.090 Split purchases 3.04.100 Local bidders 3.04.110 Reserved 3.04.120 Reserved 3.04.130 Reserved 3.04.140 Reserved Cross-reference: For Charter provisions on purchases, see City Charter, § 140. Statutory reference: For provisions requiring local agencies to adopt policies and procedures governing purchases of supplies and equipment, see Cal. Gov’t Code, § 54202. § 3.04.010 ADOPTION OF PURCHASING SYSTEM. (A)Establishment. In order to establish efficient procedures for the purchase of supplies, materials and equipment, and contracted services; to secure for all departments or agencies of the city supplies, materials, equipment and services at the lowest possible cost commensurate with the quality needed; to exercise positive financial control over purchases; to clearly define authority for the purchasing functions; and to assure that quality of purchases, a centralized purchasing system is adopted. Except as specified herein, there shall be no exemption from centralized purchasing and no agency or department shall be authorized to purchase or contract for the purchase of supplies, services or equipment independently of the Purchasing Division. The City Municipal Water Department and the San Bernardino Public Library shall not be subject to this centralized purchasing system; however, the Board of Water Commissioners and the Board of the San Bernardino Public Library shall employ procedures substantially in compliance with the provisions of this chapter as such may be applicable. (B)Purchasing policy. All purchases of goods, supplies, equipment and services shall be made in accordance with the formal purchasing policy in effect at the time of the purchase. The purchasing policy shall be developed by staff and adopted by the Mayor and City Council. The purchasing policy may be changed, from time to time, by City Council resolution in order to remain in compliance with necessary law and to address the evolving procurement needs of the city. (C)Vendor lists. The city may utilize the processes of this chapter and purchasing policy to procure vendors who will be eligible or preferred to provide goods or services to the city on an as-needed basis. (D)Exemptions. This chapter shall not apply to the following: (1) Purchases from, or sales to, a government or governmental agency, or through any advantageous governmental contract approved by the Council, or to the purchase of election supplies, or to purchases and/or services or service contracts relating to litigation or prosecution or investigations thereof, or to purchases and/or services or service contracts relating to fire and police investigations, or to the purchases and/or services or service contracts relating 3 Packet Page 270 San Bernardino - Revenue and Finance4 to board up or demolition of buildings or structures; (2) Purchases from a vendor or manufacturer which, through the city’s bidding procedure, or other government or governmental agency’s bidding procedure, has established a price at which such a vendor or manufacturer is willing to sell to the city. During such a bid procedure, more than one responsive bid must have been received; (3) Purchases approved by the Mayor and City Council; (4) Purchases of less than $10,000; (5) Procurement procedures for public works projects are defined in Chapters 12.20, 12.21 and 12.24; (6) Sole source procurements, as more defined in the purchasing policy; (7) Emergency procurements, as more defined in § 3.04.070 and the purchasing policy; (8) Federal/grant-funded procurement to the extent that this chapter and purchasing policy is inconsistent any federal, grant or other funding source requirement for a particular purchase. In that event, the federal, grant or other funding source procurement requirements shall control; and (9) Inadequate competition, as more defined in the purchasing policy. (Ord. 2588, passed 6-23-1964; Ord. MC-431, passed 1-25-1985; Ord. MC-513, passed 4-22-1986; Ord. MC-608, passed 9-22-1987; Ord. MC-858, passed 1-12-1993; Ord. MC-983, passed 9-24-1996; Ord. MC-1605, passed 2-1-2023) § 3.04.020 PURCHASING DIVISION. Unless otherwise exempted under this chapter, the purchase and sale of all supplies, materials, equipment and services shall be the responsibility of the Purchasing Division. The Purchasing Division is part of the Department of Finance and Management Services, which is responsible for carrying out written administrative procedures adopted by the City Council related to procurement. The Purchasing Division Manager is responsible for the purchasing policy, and will develop, advise, review, audit and ensure compliance throughout the purchasing process as the city’s subject matter expert. (Ord. 2588, passed 6-23-1964; Ord. MC-858, passed 1-12-1993; Ord. MC-1605, passed 2-1-2023; Ord. MC-1625, passed 2-21-2024) § 3.04.030 BIDDING REQUIREMENTS. The procurement process used to purchase supplies, material, equipment and contracted services is dependent upon the total dollar amount of the goods or services to be purchased and the type of purchase. (A)Purchases up to $10,000. Purchases up to $10,000 may be purchased using a purchasing card or through a check request with no requirement for formal bids or quotes. (B)Purchases between $10,001 and $40,000. Purchases between $10,001 and $40,000 are processed informally through vendor quotations and may be processed directly by the department making the purchase. The informal bidding process is more particularly described in the purchasing policy. (C)Purchases above $40,000. (1) Purchases in this category are subject to formal competitive bidding or competitive selection depending on the type of purchase. The formal competitive bidding process is more particularly described in the purchasing policy. (2) All contracts in this category signed by the City Manager, agency directors, directors and/or their designees shall be reported (in list form) to the Mayor and City Council at each regular City Council meeting during the City Manager update. (Ord. 2588, passed 6-23-1964; Ord. MC-1605, passed 2-1-2023) § 3.04.040 APPROVAL AUTHORITY. Packet Page 271 Purchasing System 5 (A) The authority to purchase supplies, material, equipment and contracted services is dependent upon the total dollar amount of the goods or services to be purchased and the type of purchase. (B) Purchasing authority are based on the following amounts. (1)Purchases up to $50,000. Purchases in this category may be authorized by the agency/department directors and/or the City Manager. (2)Purchases between $50,001 and $100,000. Purchases in this category may only be authorized by the City Manager or the Assistant City Manager with prior written authorization from the City Manager in the City Manager’s absence. (3)Purchases over $100,000. Purchases in this category may only be authorized by the Mayor and City Council. (Ord. 2588, passed 6-23-1964; Ord. MC-1605, passed 2-1-2023) § 3.04.050 PURCHASE ORDERS AND PROCUREMENT CARDS. Purchase of supplies, materials and equipment shall be made only by purchase order or procurement card, whichever is appropriate. (Ord. 2588, passed 6-23-1964; Ord. MC-858, passed 1-12-1993; Ord. MC-1605, passed 2-1-2023) § 3.04.060 ENCUMBRANCE OF FUNDS. The Purchasing Division shall not issue any purchase order for supplies, materials or equipment unless there exists an unencumbered appropriation in the account against which the purchase is to be charged, and until the same has been approved by the Budget Division of the Department of Finance and Management Services. (Ord. 2588, passed 6-23-1964; Ord. MC-1605, passed 2-1-2023; Ord. MC-1625, passed 2-21-2024) § 3.04.070 EMERGENCY PURCHASES. In case of an emergency, which is so urgent as to preclude advance action by the Mayor and City Council and which requires purchase of supplies, materials, equipment or contractual services, the City Manager shall have the authority to authorize securing in the open market any such supplies, materials, equipment or contractual services. This emergency authority shall extend to all purchases, irrespective of the fact that the amount might exceed the authorized thresholds outlined in § 3.05.020. An explanation of the emergency circumstances shall be filed with the Mayor and City Council within 48 hours of the emergency purchase. (Ord. 2588, passed 6-23-1964; Ord. 3514, passed 8-6-1975; Ord. 3723, passed 5-4-1978; Ord. 3893, passed 1-9-1980; Ord. MC-183, passed 7-7-1982; Ord. MC-491, passed 1-22-1986; Ord. MC-602, passed 6-2-11987; Ord. MC-646, passed 12-7-1988; Ord. MC-858, passed 1-12-1993; Ord. MC-1413, passed 4-6-2015; Ord. MC-1569, passed 2-2-2022; Ord. MC-1605, passed 2-1-2023) § 3.04.080 SURPLUS SUPPLIES AND EQUIPMENT. (A) All agencies and departments shall submit to the Purchasing Division reports showing all supplies, materials and equipment which are no longer used or usable or which may have become obsolete, unsuitable or worn out. The Purchasing Division Manager shall have authority to sell said supplies, materials and equipment, or to exchange the same for, or trade in the same on, new supplies, materials and equipment. Such sales, exchanges or trade-ins shall be made to the highest and best bidder, pursuant to the procedures in the purchasing policy, or shall be made at a public auction as hereinafter set forth in § 3.04.100. (B) A notice describing the property in sufficient detail for its identification shall be prepared by the Purchasing Division and shall be given at least five days before the time fixed therefore by publication once in an established newspaper or other publication of general circulation published in the city. (C) City officers shall not be purchasers at any such public auction authorized, conducted or administered by them in their official capacity, nor Packet Page 272 San Bernardino - Revenue and Finance6 shall any city officer or employee, directly or indirectly, submit a bid at the auction if they have participated in the preparation or conduct of the auction in their official capacity. (D) The property so offered for sale shall be sold to the highest bidder for cash; provided that the Purchasing Manager may, at his or her discretion, fix a minimum sale price and may refuse to sell unless the minimum price is offered, and may further refuse to sell unless a deposit of security is immediately made. (E) Any property sold at public auction shall be provided to the purchaser upon full payment of the purchase price. (F) The proceeds of the auction sale or sales shall immediately be deposited with the Department of Finance and Management Services and deposited into the General Fund of the city. (Ord. 2588, passed 6-23-1964; Ord. 3531, passed 10-7-1975; Ord. 3893, passed 1-9-1980; Ord. MC-183, passed 7-7-1982; Ord. MC-602, passed 6-2-11987; Ord. MC-646, passed 12-7-1988; Ord. MC-858, passed 1-12-1993; Ord. MC-1413, passed 4-6-2015; Ord. MC-1605, passed 2-1-2023; Ord. MC- 1625, passed 2-21-2024) § 3.04.090 SPLIT PURCHASES. It shall be unlawful to split, or separate into smaller purchases, a purchase in order to bring the purchase within the provisions of any exemption or less stringent procedure provided herein. (Ord. 2588, passed 6-23-1964; Ord. MC-646, passed 12-7-1988; Ord. MC-1605, passed 2-1-2023) § 3.04.100 LOCAL BIDDERS. (A) Any formal or informal bid submitted by a local bidder for goods or materials, pursuant to this chapter, shall receive a 5% credit for comparison purposes with other bidders when a local credit is allowable under the law. (B) For the purpose of this section, “local bidders” shall be bidders with: (1) Fixed facilities with employees within the city’s jurisdiction (a P.O. box or residential address is insufficient unless it is a home-based business, in which case the residential address may be used); and (2) An appropriate city business license. (Ord. 2588, passed 6-23-1964; Ord. 3370, passed 8-22-1973; Ord. 3531, passed 10-7-1975; Ord. MC-1605, passed 2-1-2023) § 3.04.110 RESERVED. [Reserved] (Ord. MC-608, passed 9-22-1987; Ord. MC-1605, passed 2-1-2023) § 3.04.120 RESERVED. [Reserved] (Ord. MC-858, passed 1-12-1993; Ord. MC-1605, passed 2-1-2023) § 3.04.130 RESERVED. [Reserved] (Ord. MC-1605, passed 2-1-2023) § 3.04.140 RESERVED. [Reserved] (Ord. MC-1605, passed 2-1-2023) Packet Page 273 Purchasing System 7 Packet Page 274 San Bernardino - Revenue and Finance8 Packet Page 275 CHAPTER 3.05: BUDGET TRANSFERS Section 3.05.010 Approval of budget transfer 3.05.020 Exception; restricted funds 3.05.030 Exception; elected officials 3.05.040 Mayor and Council approval 3.05.050 Transferring restricted funds - violation § 3.05.010 APPROVAL OF BUDGET TRANSFER. Following approval of the final budget by the Mayor and City Council, the following types of budget transfer may be made administratively (without action by the Mayor and City Council) shall be approved or disapproved according to established finance policies and procedures and on forms approved by the Department of Finance and Management Services. Only those types of transfers listed in this section may be made administratively. (A) Budget transfers within a department’s operating (non-personnel salary or benefits) budget may be made with the approval of the Budget Division. (B) Budget transfers including allocations within the department’s personnel (salary or benefits) budget may made be with the approval of the Budget Division, Position Control and the Director of Finance and Management Services. (C) Budget transfers between departments within the same fund may be made with the approval of the director of each department, the Budget Division and the Director of Finance and Management Services. (D) Budget transfers within a department must not increase the department’s budget. (E) Budget transfers between departments in the same fund will increase or decrease individual department budgets but shall not increase the fund budget. (F) Any cumulative amount of more than $5,000 transferred between departments in a 12-month period shall be reported to the Mayor and City Council during the regular quarterly report. (Ord. MC-986, passed 12-11-1996; Ord. MC-1568, passed 5-4-2022; Ord. MC-1625, passed 2-21-2024) § 3.05.020 EXCEPTION; RESTRICTED FUNDS. The authority of § 3.05.010 does not include transfers into or out of funds, the use of which is restricted by law. (Ord. MC-986, passed 12-11-1996; Ord. MC-1568, passed 5-4-2022) § 3.05.030 EXCEPTION; ELECTED OFFICIALS. The authority of § 3.05.010 does not restrict the discretion of elected officials who may transfer or allocate funds within their departments as they see fit, with notice to the Director of Finance and Management Services. (Ord. MC-986, passed 12-11-1996; Ord. MC-1568, passed 5-4-2022; Ord. MC-1625, passed 2-21-2024) § 3.05.040 MAYOR AND COUNCIL APPROVAL. Any other budget transfers must be approved by 9 Packet Page 276 San Bernardino - Revenue and Finance10 the Mayor and CommonCity Council. (Ord. MC-986, passed 12-11-1996; Ord. MC-1568, passed 5-4-2022) § 3.05.050 TRANSFERRING RESTRICTED FUNDS - VIOLATION. It shall be unlawful for the City Manager and/or the Director of Finance and Management Services or anyone under the City Manager’s or Director of Finance and Management Services’ direction and/or control to transfer restricted funds, as defined by law or as shall be defined by resolution of the Mayor and City Council, to any other fund without authorization of the Mayor and City Council or to pay any bill, invoice or charges from any restricted fund when said bill, invoice or charges are not appropriate to be paid from any such restricted fund without said approval. (Ord. MC-986, passed 12-11-1996; Ord. MC-1568, passed 5-4-2022; Ord. MC-1625, passed 2-21-2024) Packet Page 277 CHAPTER 3.08: WARRANTS Section 3.08.010 Power of Board of Water Commissioners 3.08.020 Procedures for claims for workers’ compensation benefits § 3.08.010 POWER OF BOARD OF WATER COMMISSIONERS. The City Board of Water Commissioners is empowered to order check warrants drawn upon the Sewer Fund for expenditures therefrom, including expenditures properly authorized pursuant to the City Charter, § 149, subject to compliance with the covenants and conditions of all sewer bond issues and any applicable laws, in the same manner and using the same forms and procedures as in the case of check warrants drawn on the Water Fund. (Ord. 3462, passed 12-10-1974) § 3.08.020 PROCEDURES FOR CLAIMS FOR WORKERS’ COMPENSATION BENEFITS. The following procedures are established for the processing of claims and the issuance of checks/warrants for workers’ compensation benefits. (A) The Directors of Emergency Services/Human Resources, or his or her authorized agent, shall certify and approve claims and demands for the payment of workers’ compensation benefits as conforming to a budget approved by a resolution of the Mayor and CommonCity Council and shall prepare checks/warrants for such unaudited claims and demands. (B) The City Treasurer, or his or her authorized agent, shall establish a special checking account and shall issue checks/warrants for such unaudited claims and demands. (C) The Director of Finance and Management Services shall audit and approve such claims and demands and shall certify as to the accuracy of the claims and demands and the availability of funds for payment thereof and shall attach the affidavit of such certification to the register of audited demands before submission to the Mayor and CommonCity Council. (D) Budgeted claims or demands paid by checks/warrants prior to audit by the Director of Finance and Management Services shall be presented to the Mayor and CommonCity Council for ratification and approval at the first meeting after delivery of the checks/warrants. (Ord. 3651, passed 6-29-1977; Ord. MC-310, passed 10-25-1983; Ord. MC-342, passed 2-22-1984; Ord. MC-1027, passed 9-9-1998; Ord. MC-1625, passed 2-21-2024) 11 Packet Page 278 San Bernardino - Revenue and Finance12 Packet Page 279 CHAPTER 3.10: CHECKS RETURNED FOR INSUFFICIENT FUNDS Section 3.10.010 Charge for collection of returned checks § 3.10.010 CHARGE FOR COLLECTION OF RETURNED CHECKS. A charge of $26 is imposed for the cost of collection of each check payable to the city in payment of any tax, fee, fine or charge and which is returned by the city’s depository as being uncollectible for insufficient funds or for other reasons. The charge of $26 shall be added to all sums due for the tax, fee, fine or charge. From the time the city is notified of the return of the check until payment in full is made, including the charge imposed pursuant to this chapter, the city shall not be obligated to provide or grant to the maker of the check any services or to permit approval to which the payment relates. (Ord. 3955, passed 8-8-1980; Ord. MC-703, passed 1-27-1990; Ord. MC-906, passed 6-21-1994) 13 Packet Page 280 San Bernardino - Revenue and Finance14 Packet Page 281 CHAPTER 3.12: REFUND OF FEES FOR PERMITS, LICENSES AND CERTIFICATES Section 3.12.010 Interpretation of chapter 3.12.020 Request for refund 3.12.030 Procedure not to bar presentation of claim pursuant to state law § 3.12.010 INTERPRETATION OF CHAPTER. Whenever an application is made to any department or division of a department of the city for a permit, license or certificate for a building or structure or for wiring, plumbing, heating, ventilating, air conditioning or refrigeration and a fee is paid and said application is withdrawn or denied, and a request is made for a refund, the procedure set forth in this chapter shall govern. (Ord. 2453, passed 8-13-2019) § 3.12.020 REQUEST FOR REFUND. The request for a refund must be made on a verified claim and signed by the original applicant within 60 days after such withdrawal or denial, whichever occurs first, and must be presented to the department or division of the department to whom the fee was paid. This department shall then determine, from a schedule on file in the office of the Department of Building and Safety, the cost to the city of time spent or expenses incurred by the department or division. A report of the cost to the city and other relevant data pertaining to the permit, license or certificate shall be forwarded to the administrative officer for presentation to the Mayor and CommonCity Council; provided he or she finds said cost and data to be correct and proper in all particulars and approves the same. A refund shall be made to the applicant of that portion of the fee paid in excess of such cost. (Ord. 2453, passed 8-13-2019) § 3.12.030 PROCEDURE NOT TO BAR PRESENTATION OF CLAIM PURSUANT TO STATE LAW. The procedure established by this chapter for the refund of fees shall not prevent or bar the presentation or consideration of any claim against the city in accordance with Cal. Gov’t. Code, §§ 900 et seq. or other state law. (Ord. 2453, passed 8-13-2019; Ord. 2654, passed 3-9-1965) 15 Packet Page 282 San Bernardino - Revenue and Finance16 Packet Page 283 CHAPTER 3.13: WAIVER OR REFUND OF FEES FOR CHARITABLE ORGANIZATIONS Section 3.13.010 Interpretation of chapter 3.13.020 Request for waiver or refund 3.13.025 Waiver or refund 3.13.030 Applicability § 3.13.010 INTERPRETATION OF CHAPTER. Whenever a charitable non-profit organization, corporation, foundation or religious institution or affiliate thereof, that meets the criteria stated in § 3.13.030, submits an application to any department of the city for a permit, license or certificate for a building or structure, or for wiring, plumbing, heating, ventilating, air conditioning or refrigeration, or any other development permit, or under-grounding of utility costs, or temporary use permit, or parade permit, and the applicant requests that the fee be waived or refunded, the procedure set forth in this chapter shall govern. (Ord. 2453, passed 8-13-1962; Ord. MC-1174, passed 7-22-2004) § 3.13.020 REQUEST FOR WAIVER OR REFUND. The request for a waiver or a refund must be made on a verified application signed by the representative of the original applicant and submitted to the department not later than ten days prior to the event for a fee waiver, and not later than 60 days after the event for a fee refund. The department shall then determine which portion, if any, of the fee is not attributable to city charges, and shall also determine the cost to the city of time spent or to be spent or expenses incurred or to be incurred by the department. A report of such costs to the city and other relevant data pertaining to the permit, license or certificate shall be forwarded to the City Administrator for presentation to the Mayor, to the Mayor’s designee or to the Mayor and CommonCity Council. (Ord. 2453, passed 8-13-1962; Ord. MC-1174, passed 7-22-2004) § 3.13.025 WAIVER OR REFUND. The Mayor and CommonCity Council may, in their discretion and taking into consideration the information provided pursuant to § 3.13.020, waive or refund the established fees where the total amount exceeds $2,000 per event. The Mayor or the Mayor’s designee may, in his or her discretion and taking into consideration the information provided pursuant to § 3.13.020, waive or refund temporary use permit fees and related city fees in a total amount not to exceed $2,000 per event. (Ord. MC-681, passed 11-8-1989; Ord. MC-1174, passed 7-22-2004) § 3.13.030 APPLICABILITY. The provisions of this chapter shall apply to all charitable non-profit organizations, corporations, foundations or religious institutions or affiliates thereof determined by the Internal Revenue Service to meet the requirements of 26 U.S.C. § 501(c) or (d) of the Internal Revenue Code. (Ord. MC-653, passed 3-16-1989; Ord. MC-1174, passed 7-22-2004) 17 Packet Page 284 San Bernardino - Revenue and Finance18 Packet Page 285 CHAPTER 3.16: CLAIMS AGAINST THE CITY Section 3.16.010 Filing with City Clerk required 3.16.020 Written claim required 3.16.030 Action upon claim 3.16.040 Commencement of suit 3.16.050 Power of City Administrator 3.16.060 Claims Review Committee 3.16.070 Function of Claims Review Committee Statutory reference: For provisions on claims and actions against public entities, see Cal. Gov’t Code, §§ 900 et seq. § 3.16.010 FILING WITH CITY CLERK REQUIRED. The Mayor and CommonCity Council, Board of Water Commissioners and the Board of Trustees of the free public library of the city shall not hear, consider or act upon any claim which is excepted by Cal. Gov’t. Code, Title 1, Division 3.6, Part 3, Chapters 1 and 2, in favor of any person, firm or corporation, unless the same be presented and filed with the City Clerk, or in the case of the Board of Water Commissioners, with its secretary, in the manner and form required by law not later than one year after the accrual of the cause of actions. (Ord. 821, passed 8-9-1921) § 3.16.020 WRITTEN CLAIM REQUIRED. No suit for money or damages may be brought against the city or its boards, commissions, officers, employees or agents on a cause of action for which a claim is required to be presented hereunder until a written claim therefor has been presented to the city or its appropriate board or commission within the period of time and in the manner and form required by law and this chapter. Failure or neglect to comply with this chapter or any provision of law pertaining to claims against the city and its boards, commissions, officers, employees or agents shall invalidate the claim and no cause of action shall be based thereon. (Ord. 821, passed 8-9-1921) § 3.16.030 ACTION UPON CLAIM. The Mayor and CommonCity Council, or the appropriate board or commission, shall act upon such claim or amended claim within the period of time and in the manner required and provided in Cal. Gov’t Code, § 912.4, and the consequence of their or its failure or refusal to act on such claim shall be governed by the provisions of said section. (Ord. 821, passed 8-9-1921) § 3.16.040 COMMENCEMENT OF SUIT. Any suit brought against the city, or its boards, commissions, officers, employees or agents on a cause of action for which a claim is required to be presented in accordance with this chapter, must be commenced not later than six months after the date the claim is acted upon by the Mayor and CommonCity Council or appropriate board or commission, or is deemed to have been rejected by the Mayor and CommonCity Council or Board or Commission, in accordance with the Cal. Gov’t. Code, §§ 945.6 and 946. (Ord. 821, passed 8-9-1921) § 3.16.050 POWER OF CITY ADMINISTRATOR. The City Administrator, or his or her authorized representative, shall perform each function of the 19 Packet Page 286 San Bernardino - Revenue and Finance20 Mayor and CommonCity Council under this chapter and under Cal. Gov’t Code, Title 1, Division 3.6, Part 3 (§§ 900 et seq.), any amendments thereto or other related provisions of law, which relate to any claim except that he or she shall not allow, compromise or settle any claim against the city if the amount to be paid pursuant to such allowance, compromise or settlement exceeds $10,000. (Ord. MC-638, passed 9-22-1988) § 3.16.060 CLAIMS REVIEW COMMITTEE. There shall be a claims review committee established consisting of the City Attorney, City Administrator and the Director of Human Resources and Risk Management. (Ord. MC-638, passed 9-22-1988; Ord. MC-1027, passed 9-9-1998; Ord. MC-1625, passed 2-21-2024) § 3.16.070 FUNCTION OF CLAIMS REVIEW COMMITTEE. The Claims Review Committee’s function is to review and approve, by unanimous vote, all settlements above $10,000, but not exceeding $20,000. (Ord. MC-638, passed 9-22-1988) Packet Page 287 CHAPTER 3.20: SPECIAL GAS TAX STREET IMPROVEMENT FUND Section 3.20.010 Created 3.20.020 Payment of monies into fund 3.20.030 Expenditure of monies Statutory reference: For provisions on special gas tax street improvement funds, see Cal. Streets and Highways Code, §§ 186.3, 2106, 2107 and 2113. § 3.20.010 CREATED. To comply with the provisions of the Cal. Streets and Highways Code, Division 1, Chapter 1, Article 5, with particular reference to the amendments made thereto by Chapter 642, Statutes of 1935, there is created in the City Treasury a special fund to be known as the Special Gas Tax Street Improvement Fund. (Ord. 1547, passed 6-11-1935; Ord. 1557, passed 1-28-1936) § 3.20.020 PAYMENT OF MONIES INTO FUND. All monies received by the city from the state under the provisions of the California Streets and Highways Code for the acquisition of real property or interests therein for, or the construction, maintenance or improvement of streets or highways other than state highways, shall be paid into said fund. (Ord. 1547, passed 6-11-1935; Ord. 1557, passed 1-28-1936) § 3.20.030 EXPENDITURE OF MONIES. All monies in said fund shall be expended exclusively for the purposes authorized by, and subject to, all of the provisions of the Cal. Streets and Highways Code, Division 1, Chapter 1, Article 5. (Ord. 1547, passed 6-11-1935; Ord. 1557, passed 1-28-1936) 21 Packet Page 288 San Bernardino - Revenue and Finance22 Packet Page 289 CHAPTER 3.24: TRAFFIC SAFETY FUND Section 3.24.010 Created and established 3.24.020 Receipt and expenditure of funds § 3.24.010 CREATED AND ESTABLISHED. There is created and established a fund to be called the Traffic Safety Fund, and all funds received under and by virtue of the Cal. Vehicle Code, Division 18, Chapter 2, § 42200 shall be paid therein, and all expenditures therefrom shall only be made in accordance with said act. (Ord. 1816, passed 3-9-1948) § 3.24.020 RECEIPT AND EXPENDITURE OF FUNDS. To comply with the provisions of the Cal. Vehicle Code, Division 18, Chapter 2, § 42200, all funds received and expended under and by virtue of said act, since September 19, 1947, shall be placed in and expended from the Traffic Safety Fund. (Ord. 1816, passed 3-9-1948) 23 Packet Page 290 San Bernardino - Revenue and Finance24 Packet Page 291 CHAPTER 3.26: TRAFFIC SYSTEMS FEE (Repealed by Ord. MC-1222, passed 4-6-2006) 25 Packet Page 292 San Bernardino - Revenue and Finance26 Packet Page 293 CHAPTER 3.27: DEVELOPMENT IMPACT FEES Section 3.27.000 General findings 3.27.010 Purpose and applicability 3.27.020 Definitions 3.27.030 Law enforcement facilities, vehicles and equipment impact fee - findings 3.27.040 Fire suppression facilities, vehicles and equipment impact fee - findings 3.27.050 Local circulation system impact fee - findings 3.27.060 Regional circulation system impact fee - findings 3.27.070 Quimby Act Parkland and Open Space Acquisition and Park Improvement impact fee - findings 3.27.075 AB 1600 Parkland and Open Space Acquisition and Park Improvement impact fee - findings 3.27.080 Library facility and collection impact fee - findings 3.27.090 Public meeting facilities impact fee - findings 3.27.100 Aquatics facilities impact fee - findings 3.27.105 Storm drain development impact fee - findings 3.27.110 Accounting and disbursement of fees 3.27.140 Development fee credits; prepayment 3.27.150 Reimbursement 3.27.170 Deferrals 3.27.180 Application to subsequently annexed land § 3.27.000 GENERAL FINDINGS. The Mayor and CommonCity Council find as follows. (A) The provision of new and expanded facilities and infrastructure is necessary to protect and promote the health, safety and welfare of all the citizens of the city by reducing the adverse effects of urbanization and development. (B) It is necessary to enact and implement certain development fees to assure that all development within the city pays its fair share of the costs of providing necessary public facilities and infrastructure to accommodate such new development. (C) A proper funding source for the costs associated with new development is a specific development or facilities fee for each type of facility related to the specific need created by the development and reasonably related to the relative cost of providing such necessary public facilities. (D) The Development Impact Fee Calculation and Nexus Report justifies the imposition of each development fee on new construction by analyzing the Master Facility Plan, as defined herein, assigning the 27 Packet Page 294 San Bernardino - Revenue and Finance28 costs on a fair-share basis to the various types of development, and assigning the resulting fee per dwelling unit and/or commercial/industrial square footage, based on the anticipated burden of such new dwelling unit and/or commercial/industrial area on city facilities and infrastructure and the need created by such dwelling unit and/or commercial/industrial area for new and expanded facilities and infrastructure. (E) The primary purpose of the fees is to mitigate the impact on city facilities and infrastructure caused by increased demand for facilities and infrastructure from persons generated by new development. (F) The fees will be used to finance public facilities and infrastructure, specifically local circulation system improvements (streets, traffic signals and bridges); regional circulation system improvements; law enforcement and fire protection facilities, vehicles and equipment; library facilities and collection; public meeting facilities; aquatics facilities; and parkland and open space acquisition and development. (G) The use of the fees to fund such public facilities and infrastructure is reasonably related to the impacts of residential development and other development on the city as more fully described in the Development Impact Fee Calculation and Nexus Report. (H) The need for development fees to fund such public facilities is reasonably related to impacts on the city of residential development and other development as more fully described in the Development Impact Fee Calculation and Nexus Report. (I) To assure fair and legally sound implementation of the development fees established in this chapter, such fees shall be reviewed annually and the amounts of such fees shall be adopted by resolution of the Mayor and CommonCity Council at a public hearing. (J) To assure fair implementation of the development fees established in this chapter, the city must have the latitude to phase the imposition of certain fees. (K) To assure fair implementation of the development fees established in this chapter, the city must have the latitude to defer such fees in special cases, after notice and hearing, where better or more fair financing arrangements would result from such deferral. (L) To assure fair implementation of the development fees established by this chapter, provisions must be made for extending such fees to subsequently annexed land that benefits from the public facilities funded by these fees. § 3.27.010 PURPOSE AND APPLICABILITY. (A) The Mayor and CommonCity Council declare the purpose of this chapter is to provide for the means to finance adequate infrastructure and other public improvements and facilities made necessary by the impacts created by new development in the city in order to promote the health, safety and welfare of the citizens of the city. This chapter shall apply solely to construction of new dwelling units or new commercial or industrial square footage within the city. (B) The following are specifically exempt from the provisions of this chapter: (1) Additions or improvements to dwelling units after construction is complete, unless such additions or improvements: (a) Increase the number of dwelling units on the property, as defined herein; and (b) Are not secondary residential units, as defined herein. (2) Government/public buildings, public schools or other public facilities; (3) The rehabilitation and/or reconstruction of any legal, residential structure and/or the replacement of a previously existing dwelling unit; (4) The rehabilitation and/or reconstruction of any commercial or industrial structure where there is no net increase in square footage of the structure. Packet Page 295 Development Impact Fees 29 Any increase in square footage of the structure shall pay the current applicable development impact fees for such increase; and (5) Development projects that are the subject of a development agreement entered into pursuant to Cal. Gov’t. Code, §§ 65864 et seq., prior to the initial effective date of this chapter, wherein the imposition of new fees is expressly prohibited; provided, however, that if the term of such development agreement is extended after the initial effective date of this chapter, the development impact fees shall be imposed. § 3.27.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AFFECTED TERRITORY. The corporate boundaries of the City of San Bernardino as these may be amended from time to time. COMMERCIAL/RETAIL/OFFICE or I N D U S T R I A L / M A N U F A C T U R I N G DEVELOPMENT PROJECT. The construction of new or additional gross square footage of building area for commercial (including lodging, schools, religious facilities, hospitals and the like) retail, office, industrial or manufacturing purposes. DEVELOPMENT IMPACT REPORT is the DEVELOPMENT IMPACT FEE CALCULATION AND NEXUS REPORT together with the addenda thereto and any subsequent modifications and/or updates, all of which are on file in the City Clerk’s office. The original version of the document, dated January 2006, was prepared by Revenue & Cost Specialists, LLC and summarizes the needed facilities mentioned herein, their estimated costs and sets forth the required nexus findings. DWELLING UNIT. A building or portion thereof designed exclusively for residential occupancy by one family for living and sleeping purposes, including single-family dwellings, multiple-family dwellings and manufactured housing. EFFECTIVE DATE. The date that the fees in this chapter are eligible for collection, that date being 60 days after the adoption of this chapter. MASTER FACILITY PLAN. Together with and subsequent modifications and/or updates, all of which are on file in the City Clerk’s office, was prepared by Revenue & Cost Specialists, LLC and describes each of the facilities mentioned herein and their estimated costs. RESIDENTIAL DEVELOPMENT PROJECT. Construction of one or more dwelling units. SECONDARY RESIDENTIAL UNIT. A second dwelling unit on the same lot as an existing primary residential. (Ord. MC-1238, passed 1-23-2007) § 3.27.030 LAW ENFORCEMENT FACILITIES, VEHICLES AND EQUIPMENT IMPACT FEE - FINDINGS. The Mayor and CommonCity Council find as follows. (A) The development of residential, commercial and industrial property in the affected territory will create a need for increased police protection services. As a result, additional officers will be needed to maintain the current level of service. The new officers will require, among other things, expanded station facilities and additional patrol or unmarked vehicles and additional police equipment. (B) Pursuant to Article 11XI, § 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety and welfare of its citizens. (C) The provision of expanded station facilities and vehicles is identified in the “Law Enforcement Facilities” section of the Master Facility Plan and is necessary to provide adequate law enforcement services. (D) The development impact fee report describes in detail the number of calls for service that each Packet Page 296 San Bernardino - Revenue and Finance30 major category of land use generates on average; the law enforcement facilities, vehicles and equipment required to service new development; and estimates of the costs for capital to provide those services. (E) The entire affected territory will derive benefit from the station facilities and vehicles and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom. (F) After consideration of the development impact fee report and testimony at this public hearing, the Mayor and CommonCity Council approve the development impact fee report and the addendum, and based thereon finds that new development in the affected territory will create law enforcement needs that the construction and acquisition of the public improvements funded by this chapter will meet. (G) The Mayor and CommonCity Council also find that the costs of the law enforcement facilities funded by this chapter are apportioned relative to the anticipated impacts created by development within the affected territory, and that the fees are fairly apportioned on individual dwelling units and per square foot throughout the affected territory on the basis of benefits conferred on property proposed for development and the need for such facilities created by the proposed development. (H) The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee’s use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the development impact fee report and the addendum thereto. (I) The Mayor and CommonCity Council also find that the cost estimates set forth in the development impact fee report are reasonable and will not exceed the reasonably estimated total of these costs. (J) The law enforcement facilities fees collected pursuant to this chapter shall be used only to finance the law enforcement facilities described or identified in the “Law Enforcement Facilities” section of the Master Facility Plan. (K) The law enforcement facilities fee is imposed on new residential, commercial and industrial development and the amount of such fee shall be set by resolution of the Mayor and CommonCity Council. § 3.27.040 FIRE SUPPRESSION FACILITIES, VEHICLES AND EQUIPMENT IMPACT FEE - FINDINGS. The Mayor and CommonCity Council find as follows. (A) The development of residential, commercial and industrial property in the city will create increased calls for fire protection services. As a result, new equipment and expansion of existing facilities to house additional firefighters and equipment will be needed to maintain current levels of service. (B) Pursuant to Article 11XI, § 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety and welfare of its citizens. (C) The acquisition of new equipment and relocation, expansion and construction of fire protection facilities are identified in the “Fire Protection Facilities” section of the Master Facility Plan and are necessary to provide adequate fire protection services within the city. (D) The development impact fee report and the addendum thereto describe in detail the number of calls for service that each major category of land use generates, the fire protection facilities required to service new development and estimates of the costs of those facilities. (E) The entire affected territory will derive benefit from the new equipment and relocated, expanded and newly-constructed fire station facilities and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom. Packet Page 297 Development Impact Fees 31 (F) After consideration of the development impact fee report and the addendum thereto and testimony at this public hearing, the Mayor and CommonCity Council approve the development impact fee report and the addendum thereto, and based thereon finds that new development in the city will create fire protection needs that the construction and acquisition of the public improvements funded by this chapter will meet. (G) The Mayor and CommonCity Council also find that the costs of the equipment and expanded fire protection facilities funded by this chapter are apportioned relative to the anticipated impacts created by development within the affected territory, and that the fees are fairly apportioned on individual dwelling units throughout the affected territory on the basis of benefits conferred on property proposed for development and the need for such facilities created by the proposed development. (H) The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee’s use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the development impact fee report and the addendum thereto. (I) The Mayor and CommonCity Council also find that the cost estimates set forth in the development impact fee report are reasonable and will not exceed the reasonably estimated total of these costs. (J) The fire protection fees collected pursuant to this chapter shall be used only to finance the fire protection facilities described or identified in the “Fire Protection Facilities” section of the Master Facility Plan. (K) The fire suppression facilities fee is imposed on new residential, commercial and industrial development and the amount of such fee shall be set by resolution of the Mayor and CommonCity Council. § 3.27.050 LOCAL CIRCULATION SYSTEM IMPACT FEE - FINDINGS. The Mayor and CommonCity Council find as follows. (A) The development of residential and other property in the affected territory will generate additional vehicle travel. This traffic will create a need for expansion of existing streets, signals and bridges to accommodate increased traffic from new residential development and commercial/industrial development. (B) The Master Facility Plan establishes the costs and a fair method for the allocation of costs and fee apportionment, and the apportioned fees are applicable to all property within the affected territory. (C) The provision of expanded streets, signals and bridges is identified in the “Circulation System” section of the Master Facility Plan and is necessary to provide adequate streets and roadways services within the city. (D) The general plan of the city includes and identifies in the “Circulation Element” and the transportation provision thereof, among other things, streets, signals and bridges within the city with the primary purpose of carrying through traffic and providing a network connecting to the state highway system. (E) The entire affected territory will derive benefit from the construction or reconstruction of streets, signals and bridges and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom. (F) After consideration of the development impact fee report, the addendum thereto and testimony at this public hearing, the Mayor and CommonCity Council approve the development impact fee report and the addendum, and based thereon finds that new development in the affected territory will create streets and roadways needs that the construction and acquisition of the public improvements funded by this chapter will meet. (G) The Mayor and CommonCity Council also Packet Page 298 San Bernardino - Revenue and Finance32 find that the cost of the streets, signals and bridges funded by this chapter is apportioned relative to the anticipated contribution to traffic created by residential and other development in the affected territory, and that the fees are fairly apportioned on individual dwelling units and commercial/industrial space throughout the affected territory on the basis of benefits conferred on property to be developed and the need for such streets and roadways created by such development. (H) The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee’s use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the development fee impact report and the addendum thereto. (I) The cost estimates set forth in the development impact fees report are reasonable cost estimates for constructing or reconstructing the streets and roadways proposed therein and the fees collected from residential and other development will not exceed the reasonably estimated total of these costs. (J) The streets, signals and bridges fees collected pursuant to this chapter shall be used only to finance the streets and roadways described or identified in the “Circulation System” section of the Master Facility Plan. (K) The local circulation systems fee is imposed on new residential, commercial and industrial development, and the amount of such fee shall be set by resolution of the Mayor and CommonCity Council. § 3.27.060 REGIONAL CIRCULATION SYSTEM IMPACT FEE - FINDINGS. The Mayor and CommonCity Council find as follows. (A) The development of residential and other property in the affected territory will generate additional vehicle travel, which impacts regional circulation systems. This traffic will create a need for regional transportation system improvements, such as freeway interchanges, railroad grade separations and regional arterial highways, to accommodate increased traffic from new residential development and commercial/industrial development. (B) The Master Facility Plan establishes the costs and a fair method for the allocation of new development’s share of regional circulation system improvement costs and fee apportionment, and the apportioned fees are applicable to all property within the affected territory. (C) The provision of regional circulation system improvements is identified in the “Circulation System” section of the Master Facility Plan and is necessary to mitigate the impacts of development upon the regional circulation system within the city as contained in Appendix K of the County Congestion Management Plan. (D) The SANBAG Development Mitigation Nexus Study identifies the required development contribution levels or fair share amounts for each city and sphere of influence, and the city’s regional circulation system impact fee will provide sufficient revenue to meet or exceed the required amounts. (E) The entire affected territory will derive benefit from the construction or reconstruction of regional circulation system improvements and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom. (F) After consideration of the development impact fee report, the addendum thereto and testimony at this public hearing, the Mayor and CommonCity Council approve the development impact fee report and the addendum, and based thereon, finds that new development in the affected territory will create regional circulation system needs that the construction and acquisition of the public improvements funded by this chapter and Measure I 2010-2040 will meet [missing text]mitigation needs. Packet Page 299 Development Impact Fees 33 (G) The Mayor and CommonCity Council also find that the share of regional circulation system improvements funded by this chapter is apportioned relative to the anticipated contribution to traffic created by residential and other development in the affected territory, and that the fees are fairly apportioned on individual dwelling units and commercial/industrial space throughout the affected territory on the basis of benefits conferred on property to be developed and the need for such regional circulation system improvements created by such development. (H) The facts and evidence establish that there is a reasonable relationship between the need for the described regional circulation system improvements and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee’s use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the development fee impact report and the addendum thereto. (I) The cost estimates set forth in the development impact fees report are reasonable cost estimates for constructing or reconstructing the freeway interchanges, railroad grade separations and regional arterial highways proposed therein and the fees collected from residential and other development will not exceed the reasonably estimated total of these costs. (J) The regional circulation system fees collected pursuant to this chapter shall be used only to finance the city’s fair share of the regional circulation system improvements described or identified in the “Circulation System” section of the Master Facility Plan. (K) The regional circulation systems fee is imposed on new residential, commercial and industrial development, and the amount of such fee shall be set by resolution of the Mayor and CommonCity Council. (L) In accordance with Appendix J of the San Bernardino County Congestion Management Plan, the Mayor and CommonCity Council shall update regional circulation system project cost estimates on an annual basis, and adjust the regional circulation systems fee based on the updated estimates. The fee adjustments will be based on an escalation factor approved by the SANBAG Board of Directors. § 3.27.070 QUIMBY ACT PARKLAND AND OPEN SPACE ACQUISITION AND PARK IMPROVEMENT IMPACT FEE - FINDINGS. The Mayor and CommonCity Council find as follows. (A) The development of residential and other property in the affected territory will create a need for the construction of park and open space facilities to maintain the current level of service. The park and open space facilities for which payment of a fee and/or dedication of land is required by this section shall be in compliance with the policies, goals and standards contained in the “Parks and Recreation Element” of the general plan. (B) Pursuant to the Quimby Act (Cal. Gov’t Code, § 6647266477), the city may impose by ordinance a requirement for the payment of fees to pay for the actual or estimated costs of constructing planned park and open space facilities. (C) Pursuant to Article 11XI, § 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety and welfare of its citizens. (D) Park and open space facilities are essential to the city to mitigate the negative effects of increasing urban development and to promote the health and welfare of the citizens. (E) The provision of additional parks, recreation and open space is identified in the “Parkland and Open Space Acquisition and Park Improvement” section of the Master Facility Plan and is necessary to provide adequate parks and open space facilities within the city. (F) The development impact fee report and addendum thereto describe in detail the current city standards for parks and open space facilities, the cost for parks and open space facilities construction and the Packet Page 300 San Bernardino - Revenue and Finance34 cost thereof per new single-family, multi-family and mobile home park or manufactured home park residential unit. (G) The entire affected territory will derive benefit from the park and open space facilities and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom. (H) After consideration of the development impact fee report, the addendum thereto and testimony at this public hearing, the Mayor and CommonCity Council approve the development impact fee report and the addendum thereto, and based thereon finds that new development in the affected territory will create needs for park and open space facilities that the construction and acquisition of the public improvements funded by this chapter will meet [missing text]anticipated impacts of development. (I) The costs of the park, recreation and open space facilities funded by this chapter are apportioned relative to the anticipated impacts created by development within the affected territory, and that the fees are fairly apportioned on individual dwelling units throughout the affected territory on the basis of benefits conferred on property proposed for development and the need for such facilities created by such proposed development. (J) The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee’s use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the development impact fee report and the addendum thereto. (K) The cost estimates set forth in the development impact fee report are reasonable and will not exceed the reasonably estimated total of these costs. (L) The park and open space facilities fees collected pursuant to this chapter shall be used only to finance the park and open space facilities described or identified in the “Parkland and Open Space Acquisition and Park Improvement” section of the Master Facility Plan. (M) The park and open space land acquisition and facilities development fee is imposed on new residential development. The amount of such fee shall be set by resolution of the Mayor and CommonCity Council, and shall apply to development of residential uses requiring the subdivision of land. Developments of residential uses not requiring the subdivision of land shall pay the AB 1600 Park and Open Space Land Acquisition and Facilities Development Fee in accordance with § 3.26.075. (1) The subdivider, as a condition of approval of a tentative map, shall pay a fee in lieu, dedicate land or both, at the discretion of the Council for park and/or recreational purposes pursuant to the Subdivision Map Act, Cal. Gov’t Code, § 66477. (2) It is found and determined that the public interest, convenience, health, safety and welfare require that five acres of land for each 1,000 persons residing within the city be devoted to park and recreational purposes. Lands held as public open space for wildlife habitat shall not be included in this formula. (3) (a) Where a public park or recreational facility has been designated in the general plan and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the needs of the residents of that subdivision, the subdivider shall dedicate land for park and recreational facilities sufficient in size and physical characteristics to meet that purpose. The amount of land shall be determined pursuant to division (M)(4) below. (b) If there is no park or recreational facility designated in the general plan to be located in whole or in part within the proposed subdivision to serve the needs of the residents of that subdivision, the subdivider shall, pursuant to Council determination, pay a fee in lieu of or dedicate land in compliance with division (M)(4) below. (4) The Council shall consider the following when evaluating the payment of fee in lieu of or the Packet Page 301 Development Impact Fees 35 acceptance of land for dedication, or a combination of both: (a) “Parks and Recreation Element,” and any other applicable provision of the general plan; (b) Topography, geology, access and location of land in the subdivision suitable for dedication; (c) Size and shape of the subdivision and land suitable for dedication; (d) Feasibility of dedication; and (e) Availability of previously acquired private property. § 3.27.075 AB 1600 PARKLAND AND OPEN SPACE ACQUISITION AND PARK IMPROVEMENT IMPACT FEE - FINDINGS. The Mayor and CommonCity Council find as follows. (A) The development of residential and other property in the affected territory will create a need for the construction of park and open space facilities to maintain the current level of service. The park and open space facilities for which payment of a fee and/or dedication of land is required by this section shall be in compliance with the policies, goals and standards contained in the “Parks and Recreation Element” of the general plan. (B) Pursuant to Cal. Gov’t Code, §§ 66000 et seq. and the city’s police powers, the city may impose, by ordinance, a requirement for the payment of fees to pay for the actual or estimated costs of constructing planned park and open space facilities. (C) Pursuant to Article 11XI, § 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety and welfare of its citizens. (D) Park and open space facilities are essential to the city to mitigate the negative effects of increasing urban development and to promote the health and welfare of the citizens. (E) The provision of additional parks, recreation and opera space is identified in the “Parkland and Open Space Acquisition and Park Improvement” section of the Master Facility Plan and is necessary to provide adequate parks and open space facilities within the city. (F) The development impact fee report and addendum thereto describe in detail the current city standards for parks and open space facilities, the cost for parks and open space facilities construction and the cost thereof per new single-family, multi-family and mobile home park residential unit. (G) The entire affected territory will derive benefit from the park and open space facilities and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom. (H) After consideration of the development impact fee report, the addendum thereto and testimony at this public hearing, the Mayor and CommonCity Council approve the development impact fee report and the addendum thereto, and based thereon, find that new development in the affected territory will create needs for park and open space facilities that the construction and acquisition of the public improvements funded by this chapter will meet. (I) The costs of the park, recreation and open space facilities funded by this chapter are apportioned relative to the anticipated impacts created by development within the affected territory, and that the fees are fairly apportioned on individual dwelling units throughout the affected territory on the basis of benefits conferred on property proposed for development and the need for such facilities created by such proposed development. (J) The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee’s use and the types of development for Packet Page 302 San Bernardino - Revenue and Finance36 which the fee is charged. This reasonable relationship is described in more detail in the development impact fee report and the addendum thereto. (K) The cost estimates set forth in the development impact fee report are reasonable and will not exceed the reasonably estimated total of these costs. (L) The park and open space facilities fees collected pursuant to this chapter shall be used only to finance the park and open space facilities described or identified in the “Parkland and Open Space Acquisition and Park Improvement” section of the Master Facility Plan. (M) The AB 1600 Park and Open Space Land Acquisition and Facilities Development Fee is imposed on new residential development. The amount of such fee shall be set by resolution of the Mayor and CommonCity Council, and shall apply to developments of residential uses not requiring the subdivision of land. Developments requiring the subdivision of land shall pay the Quimby Act Park and Open Space Land Acquisition and Facilities Development Fees pursuant to § 3.26.070. (1) It is found and determined that the public interest, convenience, health, safety and welfare require that five acres of land for each 1,000 persons residing within the city be devoted to park and recreational purposes. Lands held as public open space for wildlife habitat shall not be included in this formula. (2) The Council shall consider the following when evaluating the payment of fee in lieu of or the acceptance of land for dedication, or a combination of both: (a) “Parks and Recreation Element,” and any other applicable provision of the general plan; (b) Topography, geology, access and location of land in the subdivision suitable for dedication; (c) Size and shape of the subdivision and land suitable for dedication; (d) Feasibility of dedication; and (e) Availability of previously acquired private property. Statutory reference: Quimby Act, see Cal. Gov't Code, § 66477 § 3.27.080 LIBRARY FACILITY AND COLLECTION IMPACT FEE - FINDINGS. The Mayor and CommonCity Council find as follows. (A) The development of residential property in the affected territory will create a need for increased library services. As a result, additions to the library collection will be needed to maintain the current level of service. (B) Pursuant to Article 11XI, § 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety and welfare of its citizens. (C) The provision of additions to the library collection is identified in the “Library Facility and Collection” section of the Master Facility Plan and is necessary to provide adequate library services within the city. (D) The development impact fee report describes, in detail, the current city standard for number of library books per person; the number of persons an average single-family, multiple-family or mobile home park residence generates; the library collection required to service new development; and estimates of the costs of additions to the library collection to maintain the current level of service. (E) The entire affected territory will derive benefit from the library collection and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom. (F) After consideration of the development impact fee report and testimony at a public hearing, the Mayor and CommonCity Council approve the Packet Page 303 Development Impact Fees 37 development impact fee report, and based thereon, finds that new development in the affected territory will create needs for additions to the library collection that the acquisition of the public improvements funded by this chapter will meet. (G) The Mayor and CommonCity Council also finds that the costs of additions to the library collection funded by this chapter are apportioned relative to the anticipated impacts created by development within the affected territory, and that the fees are fairly apportioned on individual dwelling units throughout the affected territory on the basis of benefits conferred on property proposed for development and the need for such facilities created by the proposed development. (H) The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee’s use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the development impact fee report. (I) The City Council also finds that the cost estimates set forth in the development impact fee report are reasonable and will not exceed the reasonably estimated total of these costs. (J) The library collection fees collected pursuant to this chapter shall be used only to finance additions to the library collection described or identified in the “Library Facility and Collection” section of the Master Facility Plan. (K) The library facilities and collection fee is imposed on new residential development, and the amount of such fee shall be set by resolution of the Mayor and CommonCity Council. § 3.27.090 PUBLIC MEETING FACILITIES IMPACT FEE - FINDINGS. The Mayor and CommonCity Council find as follows. (A) The development of residential property in the affected territory will create a need for increased public meeting facilities. As a result, additional public meeting facilities will be needed to maintain the current level of service. (B) Pursuant to Article 11XI, § 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety and welfare of its citizens. (C) The provision of public meeting facilities is identified in the “Public Use Facilities” section of the Master Facility Plan and is necessary to provide adequate public meeting facilities within the city. (D) The development impact fee report describes in detail the current city standard for number of public meeting facilities per person; the number of persons an average single-family, multiple-family or mobile home park residence generates; the public meeting facilities required to service new development; and estimates of the costs of public meeting facilities to maintain the current level of service. (E) The entire affected territory will derive benefit from the public meeting facilities and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom. (F) After consideration of the development impact fee report and testimony at a public hearing, the Mayor and CommonCity Council approves the development impact fee report, and based thereon finds that new development in the affected territory will create needs for public meeting facilities that the acquisition of the public improvements funded by this chapter will meet. (G) The Mayor and CommonCity Council also find that the costs of public meeting facilities funded by this chapter are apportioned relative to the anticipated impacts created by development within the affected territory, and that the fees are fairly apportioned on individual dwelling units throughout the affected territory on the basis of benefits conferred on property proposed for development and the need for such facilities created by the proposed Packet Page 304 San Bernardino - Revenue and Finance38 development. (H) The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee’s use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the development impact fee report. (I) The Mayor and CommonCity Council also find that the cost estimates set forth in the development impact fee report are reasonable and will not exceed the reasonably estimated total of these costs. (J) The public meeting facilities fees collected pursuant to this chapter shall be used only to finance additions to the public meeting facilities described or identified in the “Community Public Use Facilities” section of the Master Facility Plan. (K) The public meeting facilities impact fee is imposed on new residential development, and the amount of such fee shall be set by resolution of the Mayor and CommonCity Council. § 3.27.100 AQUATICS FACILITIES IMPACT FEE - FINDINGS. The Mayor and CommonCity Council find as follows. (A) The development of residential property in the affected territory will create a need for increased aquatics facilities. As a result, additional aquatics facilities will be needed to maintain the current level of service. (B) Pursuant to Article 11XI, § 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety and welfare of its citizens. (C) The provision of aquatic center facilities is identified in the “Aquatic Center Facilities” section of the Master Facility Plan and is necessary to provide adequate aquatic center facilities within the city. (D) The development impact fee report describes in detail the current city standard for aquatic center facilities per person; the number of persons an average single-family, multiple-family or mobile home park residence generates; the aquatic center facilities required to service new development; and estimates of the costs of aquatic center facilities to maintain the current level of service. (E) The entire affected territory will derive benefit from the aquatic center facilities and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom. (F) After consideration of the development impact fee report and testimony at a public hearing, the Mayor and CommonCity Council approve the development impact fee report, and based thereon finds that new development in the affected territory will create needs for aquatic center facilities that the acquisition of the public improvements funded by this chapter will meet. (G) The Mayor and CommonCity Council also find that the costs of aquatic center facilities funded by this chapter are apportioned relative to the anticipated impacts created by development within the affected territory, and that the fees are fairly apportioned on individual dwelling units throughout the affected territory on the basis of benefits conferred on property proposed for development and the need for such facilities created by the proposed development. (H) The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee’s use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the development impact fee report. (I) The Mayor and CommonCity Council also find that the cost estimates set forth in the development impact fee report are reasonable and will not exceed Packet Page 305 Development Impact Fees 39 the reasonably estimated total of these costs. (J) The aquatic center facilities fees collected pursuant to this chapter shall be used only to finance additions to the community’s aquatic center facilities described or identified in the “Aquatic Center Facilities” section of the Master Facility Plan. (K) The aquatic center facilities impact fee is imposed on new residential development, and the amount of such fee shall be set by resolution of the Mayor and CommonCity Council. § 3.27.105 STORM DRAIN DEVELOPMENT IMPACT FEE - FINDINGS. The Mayor and CommonCity Council find as follows. (A) The development of residential and other property in the affected territory will generate the need for additional storm drainage structures and improvements to handle runoff from surface and storm waters. As a result, the addition of storm drainage facilities will be needed to maintain the current level of service. (B) Pursuant to Article IIXI, § 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety and welfare of its citizens. (C) The provision of storm drainage facilities is identified in the “Storm Drainage Facilities” section of the Master Facility Plan and is necessary to provide adequate storm drainage facilities within the city. (D) The development impact fee report describes in detail the additional storm drainage facilities needed for the affected territory and estimates of the costs for those facilities. (E) The entire affected territory will derive benefit from the storm drainage facilities and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom. (F) After consideration of the development impact fee report and the addendum thereto and testimony at this public hearing, the Mayor and CommonCity Council approves the development impact fee report and the addendum thereto, and based thereon, finds that new residential and other development in the affected territory will create storm drainage impacts which the installation of storm drainage facilities funded by this chapter will offset. (G) The Mayor and CommonCity Council also find that the costs of the storm drainage facilities funded by this chapter are apportioned relative to the anticipated impacts created by residential and other development within the affected territory, and that the fees are fairly apportioned on individual dwelling units and/or commercial/industrial square footage, throughout the affected territory on the basis of benefits conferred on property proposed for residential and other development and the need for such facilities created by the proposed development. (H) The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee’s use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the development fee impact report and the addendum thereto. (I) The Mayor and CommonCity Council also find that the cost estimates set forth in the development impact fee report are reasonable and will not exceed the reasonably estimated total of these costs. (J) The storm drain development impact fee is imposed on new residential, commercial and industrial development, and the amount of such fee shall be set by resolution of the Mayor and CommonCity Council. (Ord. MC-1238, passed 1-23-2007) § 3.27.110 ACCOUNTING AND DISBURSEMENT OF FEES. (A) (1) Each of the fees paid pursuant to this chapter shall be placed in a separate fund, each of Packet Page 306 San Bernardino - Revenue and Finance40 which may be further segregated by specific projects. (2) These funds shall be known, respectively, as: (a) The Law Enforcement Development Fee Fund; (b) The Fire Protection Development Fee Fund; (c) The Local Circulation System Development Fee Fund; (d) The Regional Circulation System Development Fee Fund; (e) The Quimby Act Parkland and Open Space Acquisition and Park Improvement Development Fee Fund; (f) The AB 1600 Parkland and Open Space Acquisition and Park Improvement Development Fee Fund; (g) The Library Facilities and Collection Development Fee Fund; (h) The Public Meeting Facilities Development Fee Fund; (i) The Aquatics Center Facilities Development Fee Fund; and (j) The Storm Drainage Impact Fee Fund. (B) These funds, and interest earned thereon, shall be expended solely for construction and/or acquisition of the corresponding public facilities as shown in the Master Facility Plan, or for reimbursement for construction and/or acquisition of those public facilities. (Ord. MC-1238, passed 1-23-2007) Statutory reference: Quimby Act, see Cal. Gov't Code, § 66477 § 3.27.140 DEVELOPMENT FEE CREDITS; PREPAYMENT. (A) The owner of a parcel of property otherwise required to pay a fee under this chapter shall receive a credit for the corresponding development fee when that owner constructs or donates a facility, or a portion thereof, identified in the Master Facility Plan, regardless of how it may be financed, that serves the owner’s parcel or parcels. The development fee credit shall offset, on a proportionate basis without interest, the corresponding development fee to be paid pursuant to this chapter. The facility must be built in compliance with all applicable laws governing the construction of public improvements. (B) The amount of the development fee credit shall equal the city’s most recent estimated cost of constructing and/or furnishing the facility, or the portion of the facility actually completed or purchased, by contract or utilizing city forces. (C) The owner of a parcel of property may be further entitled to a development fee credit where the city determines, on a case-by-case basis, that the construction of the facility, or a portion thereof, will be necessary to provide basic services to the entire city even though it does not directly serve the owner’s project or is of greater capacity than that required to serve the owner’s project adequately. (D) The amount of the development fee credit shall be determined after inspection and acceptance of the facility at the time of payment of the corresponding facilities fee. (E) If an owner pays the facilities fee assessed under this chapter and later elects, after city approval, to accelerate the development by constructing or Packet Page 307 Development Impact Fees 41 purchasing facilities for the project, the owner may apply for and receive a refund, up to the amount of the facilities fee, for such facilities after those facilities are certified by the City Engineer as complying with the appropriate Master Facility Plan, city ordinances and applicable law. (F) To the extent that an owner is granted a development fee credit, such owner shall not be entitled to a future reimbursement for such facility except as provided in § 3.27.150. (G) A development fee credit is an obligation of the city that runs with the land and inures to the benefit of each successor in interest of the original landowner until full credit has been received. (H) A developer shall also be entitled to a credit if the city and developer have executed an agreement or there is a preexisting ordinance which specifically exempts the developer from the payment of one or more of the fees enacted under this chapter. The availability of the credit and its amount shall be determined by the city on a case-by-case basis based on the provisions of the applicable agreement. (I) A developer or any public agency may prepay all or any portion of one or more fees under this chapter through the use of funds, revenues or grants that are derived from sources other than those of the city or revenues generated from the fees collected under this chapter. The Mayor and CommonCity Council are authorized to enter agreements with developers or public agencies to accept any prepayments of one or more of the fees under this chapter based upon findings and determinations to be made by the Mayor and CommonCity Council to acknowledge said prepayment and to approve any agreement with any developer or public agency to evidence such prepayment. § 3.27.150 REIMBURSEMENT. (A) The owner of a parcel of property otherwise required to pay a facilities fee under this chapter will be entitled to enter into a reimbursement agreement to reimburse from subsequently collected development fees the direct and verifiable costs of installing or furnishing public improvements, or portions thereof, identified in the appropriate Master Facility Plan where all of the following conditions are satisfied: (1) The owner has constructed a public improvement, or portion thereof, that is identified in the appropriate Master Facility Plan; (2) The city required that the public improvement be constructed to contain supplemental size, capacity, number or length for the benefit of property not within the owner’s project; (3) The city approved, prior to construction or furnishing, the proposed budget for the project and finds any change to that budget fair and reasonable; (4) The public improvement, or portion thereof, has been dedicated to the public; and (5) The public improvement, or portion thereof, has been built in compliance with all applicable laws governing the construction of public works. (B) The city shall not reimburse the owner for costs related to financing any public facility. (C) An owner shall only be entitled to reimbursement to the extent that any public facility project benefits property not within the owner’s project. Thus, an owner may receive a development fee credit, as provided in § 3.27.140, for the portion of a public facility that serves the owner’s project and reimbursement for the oversized or extra-capacity or extended portion of a public facility that benefits subsequently developed property. (D) In no event shall an owner receive a development fee credit and/or reimbursement in excess of the city’s most recent estimated cost of constructing the facility, or the portion of the facility actually completed, by contract or by utilizing city forces. (E) Any reimbursement agreement entered into under this section shall require the city, for a period of Packet Page 308 San Bernardino - Revenue and Finance42 up to 15 years, to reimburse the owner from the proceeds of the facilities fees collected from new projects that directly benefit from the facilities financed by the facilities fee or fees and which are the subject of the reimbursement agreement. Reimbursement shall only be made from fees collected to fund improvements which are of the same type as the improvement constructed by the owner, and from no other source. The terms of the reimbursement shall be set forth in the reimbursement agreement. § 3.27.170 DEFERRALS. (A) The Mayor and CommonCity Council are empowered to grant deferral of any fee imposed by this chapter upon the recommendation of the Director of Development Services, except the regional circulation systems fee established in § 3.27.060. Such deferral may only be granted after notice and hearing if, in the opinion of the Mayor and CommonCity Council, properly supported by specific findings, deferral would allow a better or fairer financing arrangement to be developed and imposed. Findings must be based on written and other evidence submitted by the property owner, substantiating the owner’s contention that the fee should be deferred. (B) Findings must include facts supporting deferral, including, without limitation, findings that in the case of deferral: (1) Other properties to be benefitted by any fee will not be burdened by the review and delay in fee imposition; (2) Alternative financing methods involving more than one owner have been proposed for review; or (3) Delay will result in a more fair funding arrangement. § 3.27.180 APPLICATION TO SUBSEQUENTLY ANNEXED LAND. As areas not presently situated within the city boundaries seek to annex to the city, the Mayor and CommonCity Council shall determine the benefit to such land areas of the public facilities and infrastructure funded by this chapter. The Mayor and CommonCity Council shall impose development fees, in whole or in part, as established by this chapter, upon such annexed areas to the extent necessary to assure that such areas pay their fair share of the actual costs of all necessary public facilities and infrastructure benefitting their projects, unless the Mayor and CommonCity Council determines that such an imposition would cause inequities or that a better or fairer financing arrangement can and should be developed and imposed. (Ord. MC-1222, passed 4-6-2006) Packet Page 309 Development Impact Fees 43 Packet Page 310 San Bernardino - Revenue and Finance44 Packet Page 311 CHAPTER 3.28: SPECIAL PUBLIC HEALTH FUND Section 3.28.010 Created and established 3.28.020 Receipt and expenditure of funds § 3.28.010 CREATED AND ESTABLISHED. There is created and established a fund to be called the Special Public Health Fund, and all funds received under and by virtue of the Cal. Health and Safety Code, Division 1, Part 2, Chapter 8 (Chapter 1562, Statutes of 1947-AB 2223)101, Part 3, Chapter 3 and § 1327, Title 17, “Public Health” of Cal. Administrative Code of Regulations, and all expenditures therefrom shall only be made in accordance with said act. (Ord. 1825, passed 4-27-1948) § 3.28.020 RECEIPT AND EXPENDITURE OF FUNDS. To comply with the provisions of § 1327, Title 17, “Public Health” of Cal. Administrative Code of Regulations, all funds received and expended under and by virtue of said act since May 1, 1948 shall be placed in and expended from the Special Public Health Fund. (Ord. 1825, passed 4-27-1948) 45 Packet Page 312 San Bernardino - Revenue and Finance46 Packet Page 313 CHAPTER 3.32: PUBLIC PARK DEVELOPMENT AND RECREATION FUND Section 3.32.010 Created and established 3.32.020 Transfer of money § 3.32.010 CREATED AND ESTABLISHED. There is created and established a fund to be called the Public Park Development and Recreation Fund. All expenditures from said fund shall be for the extension and development of the public park system of the city and for the construction and reconstruction of facilities for public recreation; the construction of recreation buildings with equipment, apparatus and furniture therefor; and including, for the foregoing, the acquisition of any land, property, easements, rights-of-way, equipment, apparatus and other property necessary therefor. (Ord. 2374, passed 7-24-1961; Ord. 2743, passed 5-17-1966) § 3.32.020 TRANSFER OF MONEY. Each and every year the Mayor and CommonCity Council shall fix and establish for the General Fund at least $0.04 tax per $100 assessed valuation and the amount derived from said tax shall be transferred during the same fiscal year from the General Fund to the Public Park Development and Recreation Fund. (Ord. 2374, passed 7-24-1961; Ord. 2743, passed 5-17-1966) 47 Packet Page 314 San Bernardino - Revenue and Finance48 Packet Page 315 CHAPTER 3.36: CEMETERY FUND Section 3.36.010 Endowment Care Fund and Capital Improvement Fund created 3.36.020 Cemetery Fund established 3.36.030 Duty of City Treasurer Cross-reference: For provisions on the city cemetery, see Chapter 2.44. § 3.36.010 ENDOWMENT CARE FUND AND CAPITAL IMPROVEMENT FUND CREATED. (A) There are created the Cemetery Endowment Care Fund and the Cemetery Capital Improvement Fund. All sums of money received from the sale of interment lots or plots, or from cemetery endowment care contracts, shall be deposited in the Cemetery Endowment Care Fund; provided that the sum of $35 received from the sale of, or an endowment care contract for, any such lot or plot shall be deposited in the Cemetery Capital Improvement Fund. Money in the Cemetery Capital Improvement Fund shall be expended only for cemetery capital improvements recommended by the Cemetery Commission and approved by the Mayor and CommonCity Council. (B) Earnings from the Cemetery Endowment Care Fund shall be deposited and used exclusively for the care of the lots, exclusive of any driveways or pathways for which endowment care has been contracted. (Ord. 858, passed 4-11-1922; Ord. 3641, passed 5-25-1977) § 3.36.020 CEMETERY FUND ESTABLISHED. There is established a Cemetery Fund. All sums of money received by the Commission otherwise than as provided for in § 3.36.010 shall be paid into this fund, and out of this fund shall be paid all costs and expenses of maintaining the Pioneer Cemetery. (Ord. 858, passed 4-11-1922) § 3.36.030 DUTY OF CITY TREASURER. All of the funds enumerated in this chapter shall be kept by the City Treasurer, and any and all payments made therefrom shall be made upon the order of the Mayor and CommonCity Council or the City Treasurer when so authorized. Said funds shall be kept on deposit in accordance with the laws pertaining to the depositing of other city public funds, and the Mayor and CommonCity Council or the City Treasurer may invest and reinvest said funds or such portion as they shall deem advisable in such investments as are approved under the laws pertaining to the investment of sinking or surplus funds of the city, including, but not limited to, investments in United States savings bonds. (Ord. 858, passed 4-11-1922; Ord. 2508, passed 7-2-1963) 49 Packet Page 316 San Bernardino - Revenue and Finance50 Packet Page 317 CHAPTER 3.38: PLANNED LOCAL DRAINAGE FACILITIES FUND Section 3.38.010 Need for facilities 3.38.020 Adoption of drainage plan 3.38.030 Fund established 3.38.040 Drainage fee 3.38.050 Disposition of certain funds 3.38.060 Reserved § 3.38.010 NEED FOR FACILITIES. The need for additional drainage facilities throughout the city has been clearly demonstrated in Comprehensive Storm Drain Plan, Nos. 3, 4, 6 and 7, prepared for Zones 2 and 3 of the County Flood Control District, copies of which are on file in the office of the City Clerk. (Ord. MC-126, passed 1-7-1982) § 3.38.020 ADOPTION OF DRAINAGE PLAN. The entire city is designated to be single local drainage area, and Comprehensive Storm Drain Plan, Nos. 3, 4, 6 and 7 of the County Flood Control District are adopted as the Drainage Plan for the city. (Ord. MC-126, passed 1-7-1982) § 3.38.030 FUND ESTABLISHED. The Planned Local Drainage Facilities Fund is established. The Planned Local Drainage Facilities Fund is deemed to be the fund provided for in § 66483 of the State Subdivision Map Act, being Cal. Gov’t Code, §§ 66410 et seq. Monies in said fund shall be expended solely for the design and construction of local drainage facilities within the city. (Ord. MC-126, passed 1-7-1982) § 3.38.040 DRAINAGE FEE. (A) There is imposed a drainage fee on all land development within the city. The amount and payment schedule for said fee shall be established by resolution of the CommonCity Council. All drainage fees collected shall be deposited in the Planned Local Drainage Facilities Fund. (B) Notwithstanding the above, no drainage fee shall be charged for houses being relocated from one site to another site within the city as a result of moving the house from a disaster area where the resolution of the Mayor and CommonCity Council declaring the disaster area specifically references this section of the code. (C) The fee prescribed in division (A) above shall not be charged for the construction of any buildings which replace structures on a site previously developed, except to the extent that the fee for the use established by the new construction exceeds the fee charged for the use of the structures being replaced. (D) For the construction of new single-family homes, the fees imposed by this section may be deferred at the request of the owner of the property until the release of utilities is issued or 18 months from the issuance of the building permit, whichever is less. The owner of the property must personally guarantee payment of the fees, sign documents authorizing the city to place a lien on the property in the amount of the fees, agree to place the payment of the fees in any escrow for the sale of the property, authorize the city to demand payment in any such 51 Packet Page 318 San Bernardino - Revenue and Finance52 escrow and pay an administrative fee set by resolution of the Mayor and CommonCity Council. The amount of the fees due shall be the amount in effect at the time of collection of the fees. In no event shall utilities be released until the fees are paid, except that electrical service may be released at the discretion of the Building Official where necessary for security or maintenance purposes. (Ord. MC-126, passed 1-7-1982; Ord. MC-155, passed 4-20-1982; Ord. MC-433, passed 2-5-1985; Ord. MC-1044, passed 4-7-1999; Ord. MC-1045, passed 4-20-1999) § 3.38.050 DISPOSITION OF CERTAIN FUNDS. All monies in the Planned Local Drainage Facilities Fund not immediately required for construction purposes shall be invested in a manner provided by law in the state and all interest paid for such investment shall accrue to said fund. (Ord. MC-126, passed 1-7-1982) § 3.38.060 RESERVED. [Reserved] (Repealed by Ord. MC-452, passed 4-15-1985) Packet Page 319 CHAPTER 3.40: PROPERTY TAXES Section 3.40.010 Election to use provisions of state statute 3.40.020 Request of statement from County Auditor Cross-reference: For Charter provisions on the system for assessment, levy and collection of taxes, see City Charter, § 41. Statutory reference: For provisions pertaining to alternative methods of property tax assessments and the like, see Cal. Gov’t Code, §§ 43093 et seq. § 3.40.010 ELECTION TO USE PROVISIONS OF STATE STATUTE. The city elects to avail itself of those provisions of the Cal. Gov’t Code, Title 4, Division 4, Chapter 1, Article 2, §§ 43090 et seq., said provisions setting forth the alternative method for the levy and collection of city property taxes wherein and whereby the same are levied and collected by the county; and, until further order, the assessment of taxable property within the city, and the levy and collection of taxes for revenue to carry on the various departments of the city and to pay the bonded and other indebtedness, shall be assessed, levied and collected as provided in said code and the City Charter. (Ord. 3904, passed 1-24-1980) § 3.40.020 REQUEST OF STATEMENT FROM COUNTY AUDITOR. The County Auditor is requested, pursuant to Cal. Gov’t Code, § 43090, to transmit to the legislative body of the city a written statement showing the total value of all property within the city, including the “Old City” as the city was originally constituted, and all property subsequently annexed thereto, as described in an ordinance of the city concerning annexation Districts Nos. 1 to 318, inclusive. (Ord. 3904, passed 1-24-1980) 53 Packet Page 320 San Bernardino - Revenue and Finance54 Packet Page 321 CHAPTER 3.44: SERVICE USERS TAX Section 3.44.010 Definitions 3.44.020 Constitutional exemptions 3.44.025 Public schools exemption 3.44.030 Reserved 3.44.040 Reserved 3.44.050 Electricity users tax 3.44.060 Gas users tax 3.44.065 Application of city users tax 3.44.070 Delinquent taxes - penalties 3.44.080 Liability of service user - debt of service provider 3.44.090 Duty to collect - procedures 3.44.100 Additional powers and duties of the Director of Finance and Management Services 3.44.110 Assessment - administrative remedy 3.44.120 Records 3.44.130 Overpayment, extra payment - refunds 3.44.131 Utility users tax rebate program 3.44.135 Refunds by service provided 3.44.140 Refunds - low income residents of mobile-home parks with master meters 3.44.144 Exemption for household service users - low income 3.44.150 Violation - penalty 3.44.160 Setting aside increase 3.44.170 Review of tax upon service charge increase § 3.44.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. MONTH. A calendar month. PERSON. Includes, but is not limited to, any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnerships of any kind, joint venture, club, Massachusetts business or common law trust, society and individuals. SERVICE USER. A person required to pay a tax imposed under the provisions of this chapter. (Ord. 2931, passed 8-13-1968; Ord. MC-837, passed 6-3-1992; Ord. MC-899, passed 3-22-1994) § 3.44.020 CONSTITUTIONAL EXEMPTIONS. Nothing in this chapter shall be construed as imposing a tax upon any person when imposition of such tax upon that person would be in violation of the U.S. Constitution or that of the state. (Ord. 2931, passed 8-13-1968) § 3.44.025 PUBLIC SCHOOLS EXEMPTION. Due to the status of the San Bernardino Unified School District as an agency established by the City Charter and due to the strong public policy in favor of encouraging and assisting the provision of public education, public schools are exempted from the imposition of the service users tax. (Ord. MC 814, passed 12-3-1991) § 3.44.030 RESERVED. [Reserved] (Repealed by Ord. MC-1275, passed 7-22-2008) § 3.44.040 RESERVED. 55 Packet Page 322 San Bernardino - Revenue and Finance56 [Reserved] (Repealed by Ord. MC-1275, passed 7-22-2008) § 3.44.050 ELECTRICITY USERS TAX. (A) A tax is imposed upon every person in the city using electrical energy in the city. The tax imposed by this section shall be at the rate of 7.75% of the charges made for such energy and shall be paid by the person paying for such energy. (B) As used in this section, the term USING ELECTRICAL ENERGY shall not be construed to mean the storage of such energy by a person in a battery owned or possessed by him or her for use in an automobile or other machinery or device apart from the premises upon which the energy was received; provided, however, that the term shall include the receiving of such energy for the purpose of using it in the charging of batteries; nor shall the term include the mere receiving of such energy by an electric public utility or governmental agency at a point within the city for resale; or the use of such energy in a production or distribution of water by a public utility or governmental agency; or the use of such energy utility or a governmental agency; or the use of such energy for the production and distribution of water for lawn and landscape irrigation of cemeteries. (C) The tax imposed in this section shall be collected from the service user by the person supplying such energy. The amount of tax collected in one month shall be remitted to the Director of Finance and Management Services on or before the twentieth day of the following month. (Ord. 2931, passed 8-13-1968; Ord. 3510, passed 6-27-1975; Ord. 3796, passed 1-9-1979; Ord. MC-297, passed 8-4-1983; Ord. MC-820, passed 2-19-1992; Ord. MC-939, passed 6-6-1995; Ord. MC-1173, passed 5-5-2004; Ord. MC-1230, passed 9-6-2006; Ord. MC-1263, passed 2-11-2008; Ord. MC-1625, passed 2-21-2024) § 3.44.060 GAS USERS TAX. (A) A tax is imposed upon every person in the city using gas which is delivered through mains or pipes. The tax imposed by this section shall be at the rate of 7.75% of the charges made for such gas and shall be paid by the person paying for such gas. (B) There shall be excluded from the base on which the tax imposed in this section is computed charges made for gas which is to be resold and delivered through mains or pipes; charges made for gas sold for use in the generation of electrical energy or for the production of water by a public utility or governmental agency; and charges made by a gas public utility for gas used and consumed in the conduct of the business of gas public utilities. (C) The tax imposed in this section shall be collected from the service user by the person selling the gas. The amount collected in one month shall be remitted to the Director of Finance and Management Services on or before the twentieth day of the following month. (Ord. 2931, passed 8-13-1968; Ord. 3510, passed 6-27-1975; Ord. 3796, passed 1-9-1979; Ord. MC-297, passed 8-4-1983; Ord. MC-820, passed 2-19-1992; Ord. MC-939, passed 6-6-1995; Ord. MC-1173, passed 5-5-2004; Ord. MC-1230, passed 9-6-2006; Ord. MC-1263, passed 2-11-2008; Ord. MC-1625, passed 2-21-2024) § 3.44.065 APPLICATION OF CITY USERS TAX. The 7.75% users tax imposed on telecommunication services pursuant to Chapter 3.46, on electrical service pursuant to § 3.44.050, and on gas service pursuant to § 3.44.060 shall be imposed only upon charges made for consumer services. The 7.75% users tax shall not be levied upon any state or federal tax, fee or surcharge which is separate from the users service charges. This section is intended to clarify existing law; it does not propose any change in the method of calculation of the utility users tax. (Ord. MC-556, passed 11-4-1986; Ord. MC-820, passed 2-19-1992; Ord. MC-939, passed 6-6-1995; Ord. MC-1173, passed 5-5-2004; Ord. MC-1230, passed 9-6-2006; Ord. MC-1275, passed 7-22-2008) § 3.44.070 DELINQUENT TAXES - Packet Page 323 Service Users Tax 57 PENALTIES. (A) Taxes collected from a service user which are not remitted to the Director of Finance and Management Services on or before the due dates provided in this chapter are delinquent. (B) Penalties for delinquency in remittance of any tax collected or any deficiency determination shall attach and be paid by the person required to collect and remit at the rate of 15% of the total tax collected or imposed in this chapter. (C) The Director of Finance and Management Services shall have power to impose additional penalties upon persons required to collect and remit taxes under the provisions of this chapter for fraud or negligence in reporting or remitting at the rate of 15% of the amount of the tax collected or as recomputed by the Director of Finance and Management Services. (D) Every penalty imposed under the provisions of this section shall become a part of the tax required to be remitted. (Ord. 2931, passed 8-13-1968; Ord. 3796, passed 1-9-1979; Ord. MC-1625, passed 2-21-2024) § 3.44.080 LIABILITY OF SERVICE USER - DEBT OF SERVICE PROVIDER. (A) Every service user is liable for the taxes imposed by this chapter, and that liability is not extinguished until the tax has been paid to the city, except that proof of payment of the tax to the person providing the service is sufficient to relieve the service user from further liability for the tax to which the receipt refers. (B) Each service provider shall bill for utility users taxes accrued at the rate established in this code, coincident with the provider’s own bill for service provided, all persons, except those specifically exempted from such tax. Any tax collected by the provider from the service user, together with any amount uncollected due to the failure or neglect of the service provider to bill for or attempt to collect the tax, shall constitute a debt owed by the service provider to the city. If the service user fails or refuses to pay any such tax, the provider shall not be liable for any billed but uncollected tax. Each service provider shall provide to the City Director of Finance and Management Services, at least annually, a list of the names, addresses and amount of tax billed but unpaid, together with such data as may be required by the Director of Finance and Management Services to enable him or her to pursue the matter through court or otherwise. Any amount collected as tax from a service user which has not been remitted to the Director of Finance and Management Services is a debt owed to the city by the person or entity required to collect and remit the tax, unless such amount has been refunded or credited to the service user. (C) Any person owing money to the city under the provisions of this chapter shall be liable in an action brought in the name of the city for the recovery of the debt, together with costs, interest and penalties. (Ord. 2931, passed 8-13-1968; Ord. 3796, passed 1-9-1979; Ord. MC-337, passed 1-25-1984; Ord. MC-1625, passed 2-21-2024) § 3.44.090 DUTY TO COLLECT - PROCEDURES. The duty to collect and remit the taxes imposed by this chapter shall be performed as follows. (A) The tax shall be collected insofar as practicable at the same time as and along with the charges made in accordance with the regular billing practice. If the amount paid by a service user is less than the full amount of the charge and tax which has accrued for the billing period, a proportionate share of both the charge and the tax shall be deemed to have been paid. (B) The duty to collect tax from a service user shall commence with the beginning of the first regular billing period applicable to that person which starts on or after the operative date of the ordinance codified in this chapter. Where a person receives more than one billing, one or more being for different periods than another, the duty to collect shall arise separately for each billing period. (Ord. 2931, passed 8-13-1968) Packet Page 324 San Bernardino - Revenue and Finance58 § 3.44.100 ADDITIONAL POWERS AND DUTIES OF THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES. The Director of Finance and Management Services shall have the power and duty and is directed to enforce each and all of the provisions of this chapter. (Ord. 2931, passed 8-13-1968; Ord. 3796, passed 1-9-1979; Ord. MC-1625, passed 2-21-2024) § 3.44.110 ASSESSMENT - ADMINISTRATIVE REMEDY. (A) The Director of Finance and Management Services may make an assessment for taxes not paid or remitted by a person required to pay or remit. The Director of Finance and Management Services shall prepare a notice of the assessment which shall refer briefly to the amount of the taxes and penalties imposed and the time and place when such assessment shall be submitted to the Mayor and CommonCity Council for confirmation or modification. The City Clerk shall mail a copy of such notice to the person selling the service and to the service user at least ten days prior to the date of the hearing and shall post such notice for at least five continuous days prior to the date of the hearing on the chamber door of the Mayor and CommonCity Council. Any interested party having any objections may appear and be heard at the hearing; provided his or her objection is filed in writing with the City Clerk prior to the time set for the hearing. At the time fixed for considering the assessment, the Mayor and CommonCity Council shall hear the same, together with any objection filed as aforesaid and thereupon may confirm or modify the assessment by motion. (B) Whenever the Director of Finance and Management Services determines that a service user has deliberately withheld the amount of the tax owed by him or her from the amounts remitted to a person required to collect the tax, or that a service user has failed to pay the amount of the tax to such person for a period of two or more billing periods, or whenever the Director of Finance and Management Services deems it in the best interest of the city, he or she may relieve such person of the obligation to collect taxes due under this chapter from certain named service users for specified billing periods. The Director of Finance and Management Services shall notify the service user that he or she has assumed responsibility to collect the taxes due for the stated periods and demand payment of such taxes. The notice shall be served on the service user by handing it to him or her personally or by deposit of the notice in the United States mail, postage prepaid thereon, addressed to the service user at the address to which billing was made by the person required to collect the tax; or, should the service user have changed his or her address, to his or her last known address. If a service user fails to remit the tax to the Director of Finance and Management Services within 15 days from the date of the service of the notice upon him or her, which shall be the date of mailing if service is not accomplished in person, a penalty of 25% of the amount of the tax set forth in the notice shall be imposed but not less than $5. The penalty shall become part of the tax herein required to be paid. (Ord. 2931, passed 8-13-1968; Ord. 3796, passed 1-9-1979; Ord. MC-1625, passed 2-21-2024) § 3.44.120 RECORDS. It shall be the duty of every person required to collect and remit to the city any tax imposed by this chapter to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such tax as he or she may have been liable for the collection of and remittance to the Director of Finance and Management Services, which records the Director of Finance and Management Services shall have the right to inspect at all reasonable times. (Ord. 2931, passed 8-13-1968; Ord. 3796, passed 1-9-1979; Ord. MC-1625, passed 2-21-2024) § 3.44.130 OVERPAYMENT, EXTRA PAYMENT - REFUNDS. (A) Whenever the amount of any tax has been overpaid or paid more than once or has been erroneously or illegally collected or received by the Director of Finance and Management Services under this chapter, it may be refunded as provided in this section. Packet Page 325 Service Users Tax 59 (B) A person required to collect and remit taxes imposed under this chapter may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the Director of Finance and Management Services that the service user from whom the tax has been collected did not owe the tax; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the service user or credited to charges subsequently payable by the service user to the person required to collect and remit. (C) No refund shall be paid under the provisions of this section unless the claimant has submitted a written claim to the Director of Finance and Management Services within one year of the overpayment of erroneous or illegal collection of said tax. Such claim must clearly establish claimant’s right to the refund by written records showing entitlement thereto. The submission of a written claim, which is acted upon by the City Council, shall be a prerequisite to a suit thereon. (See Cal. Gov’t Code, § 935.) The Mayor and CommonCity Council shall act upon the refund claim within the time period set forth in Cal. Gov’t Code, § 912.4; the claim shall be deemed to have been rejected on the last day of the period within which the Mayor and CommonCity Council was required to act upon the claim as provided in Cal. Gov’t Code, § 912.4. It is the intent of the Mayor and CommonCity Council that the requirement of this division (C) to file a written claim within one year of the overpayment of erroneous or illegal collection of said tax be given retroactive effect to all claims that arose under this Chapter 3.44 at any time period to the effective date of the ordinance incorporated in this chapter; provided, however, that any claims which arose prior to the commencement of the one-year claims period of this division (C), and which are not otherwise barred by a then applicable statute of limitations or claims procedure, must be filed with the Director of Finance and Management Services as provided in this division (C) within 90 days following the effective date of the ordinance incorporated in this chapter. (Ord. 2931, passed 8-13-1968; Ord. 3796, passed 1-9-1979; Ord. MC-899, passed 3-22-1994; Ord. MC-1625, passed 2-21-2024) § 3.44.131 UTILITY USERS TAX REBATE PROGRAM. (A) Notwithstanding any other provision of this chapter, in order to attract new businesses that provide significant numbers of higher-wage jobs, the following utility users tax rebate program is established. (1) Any new business that creates, after January 1, 2000, between five to 49 new, permanent, full-time jobs within the city (50% of such new jobs shall pay at least $25,000 per year in wages and/or commissions, except that the dollar requirement for said jobs shall not apply to manufacturing and distribution businesses) shall be eligible for a rebate on the amount of utility users tax, paid by such business on electrical, gas, video and telephone communication services, imposed by this chapter according to the following schedule: (a) First year: 75% rebate; (b) Second year: 50% rebate; (c) Third year: 25% rebate; and (d) Fourth and subsequent years: no rebate. (2) Any new business that creates, after January 1, 2000, 50 or more new, permanent, full-time jobs within the city (50% of such new jobs shall pay at least $25,000 per year in wages and/or commissions, except that the dollar requirement for said jobs shall not apply to manufacturing and distribution businesses) shall be eligible for a rebate on the amount of utility users tax, paid by such business on electrical, gas, video and telephone communication services, imposed by this chapter according to the following schedule: (a) First year: 80% rebate; (b) Second year: 60% rebate; Packet Page 326 San Bernardino - Revenue and Finance60 (c) Third year: 40% rebate; and (d) Fourth and subsequent years: no rebate. (3) Any new business not included under divisions (A)(1) or (A)(2) above, which provides, after January 1, 2000, at least a 25% increase in assessed valuation of the business’ real property over the previous tax year as shown by the County Tax Assessor’s records, or which generates at least $40,000 in sales tax revenues per year remitted to the city, shall be eligible for a rebate on the amount of utility users tax, paid by such business on electrical, gas, video and telephone communication services, imposed by this chapter according to the following schedule: (a) First year: 75% rebate; (b) Second year: 50% rebate; (c) Third year: 25% rebate; and (d) Fourth and subsequent years: no rebate. (4) A new business qualified under divisions (A)(1) or (A)(2) above shall also be eligible for an additional rebate of 1% on the amount of utility users tax paid, for each city resident that is hired to fill the new, permanent, full-time jobs created within the city. Eligibility for any such additional rebates shall be established by determining the residency of the new employees at the end of each year of rebate eligibility. This determination shall be verified by the Economic Development Agency with such supporting documentation as may be required by the Economic Development Agency. In no case shall the total rebate paid to any claimant exceed the total amount of utility users tax paid on the period claimed, nor rebates be paid for any term other than the schedule established in divisions (A)(1) or (A)(2) above. (5) To claim a rebate under this section, the claimant shall submit a completed verified claim form to the Economic Development Agency with such supporting documentation as may be required by the Economic Development Agency to determine claimant’s eligibility and to establish the amount of utility users tax paid by claimant on the period claimed, and the commencement date of the “first year,” as that term is used herein. A claim for a rebate shall be submitted annually to the Economic Development Agency not later than three months after the close of the year for which such refund is sought. The verified claim must be signed by an authorized officer of the claimant. The rebate shall be paid at the recommendation of the Economic Development Agency and subject to approval of the Department of Finance and Management Services. (6) No rebates shall be paid if the subject business is no longer in operation in the city. (7)FIRST YEAR, as used in this section, shall mean, for a new business, the 12-month period immediately following the date of commencement of business at the location for which a claim for rebate is filed. (B) Not withstanding any other provision of this chapter, in order to encourage the physical expansion and/or creation of significant numbers of higher-wage jobs by existing city businesses, the following utility users tax rebate program is established to complement the program recently adopted for new businesses. (1) Any business currently operating in the city shall be eligible for a utility users tax rebate if, after January 1, 2000, it meets the criteria of at least two of the categories below: (a) Category A: Expansion Criteria: 1. The business expands by completing a permitted expansion at its current location, resulting in an increase of at least 25% of the current construction valuation of the existing building; or Packet Page 327 Service Users Tax 61 2. The business relocates within the city, and the relocation is to a facility with at least 25% more square feet than the previous location. (b) Category B: Job Criteria: the business creates and maintains at least five new, permanent, full-time jobs (50% of such new jobs shall pay at least $25,000 per year in wages and/or commissions, except that the dollar requirement for said jobs shall not apply to manufacturing and distribution businesses) in addition to the jobs already existing at the current location(s) within the city, and sustains that job increase over the previous 12 month period prior to the application for the rebate. (c) Category C: Sales Tax Criteria: the business generates at least $10,000 more in sales or use tax revenues to the city than was generated in the previous 12-month period prior to application for the rebate. (d) If qualified under this section, the business shall be eligible for a rebate on the amount of paid utility users tax paid by such business on electrical, gas, video and telephone communication services, imposed by this chapter according to the following schedule: 1. First year: 75% rebate; 2. Second year: 50% rebate; 3. Third year: 25% rebate; and 4. Fourth and subsequent years: no rebate. (e) In no case shall any qualified business receive a rebate that exceeds the amount of additional sales or use tax revenues received by the city during the previous 12-month period prior to application for the rebate. Additionally, if the business is receiving assistance from the Economic Development Agency under an owner participation agreement (“OPA”) or disposition and development agreement (“DDA”), and the combined annual value of Agency assistance provided together with proposed utility tax rebate exceeds the amount of additional annual sales tax revenue to the city, then the business shall not be eligible for the rebate. (2) Any business currently operating in the city, and not qualified under division (B)(1) above or division (B)(3) below, shall be eligible for a utility users tax rebate if it creates, after January 1, 2000 and maintains at least 50 new, permanent, full-time jobs (50% of such new jobs shall pay at least $25,000 per year in wages and/or commissions, except that the dollar requirement for said jobs shall not apply to manufacturing and distribution businesses) in addition to the jobs already existing at the current location(s) within the city, and sustains that job increase over the previous 12-month period prior to application for the rebate. If qualified, the business shall be eligible for a rebate of utility users tax paid on the following scale: (a) First year: 75% rebate; (b) Second year: 50% rebate; (c) Third year: 25% rebate; and (d) Fourth and subsequent years: no rebate. (3) Any business currently operating in the city shall be eligible for a utility users tax rebate if, after January 1, 2000, it adds a new additional location within the city, and continues to operate the previously existing location or locations within the city for the previous 12-month period prior to application for the rebate. For purposes of this program, the additional location shall be considered “new business” and shall be eligible for rebates in accordance with the program already established for new businesses (division (A) above). (4) Any business currently operating in the city and qualified under divisions (B)(1) or (B)(2) Packet Page 328 San Bernardino - Revenue and Finance62 above shall also be eligible for an additional rebate of 1% on the amount of utility users tax paid for each city resident that is hired to fill the new, permanent full-time jobs created within the city that meet the wage criteria. Eligibility for any such additional rebates shall be established by determining the residency of the new employees at the end of each year of rebate eligibility. This determination shall be verified by the Economic Development Agency with such supporting documentation as may be required by the Economic Development Agency. In no case shall the total rebate paid to any claimant exceed the total amount of utility users tax paid for the period claimed, nor shall rebates be paid for any term other than the schedule established by this section. (5) To claim a rebate under this section, the claimant shall submit a completed verified claim form to the Economic Development Agency with such supporting documentation as may be required by the Economic Development Agency to determine claimant’s eligibility and to establish the amount of utility users tax paid by claimant on the period claimed, and the commencement date of the “first year,” as that term is used herein. A claim for a rebate shall be submitted annually to the Economic Development Agency not later than three months after the close of the year for which such refund is sought. The verified claim must be signed by an authorized officer of the claimant. The rebate shall be paid at the recommendation of the Economic Development Agency and subject to approval of the Department of Finance and Management Services. (6) No rebates shall be paid if the subject business is no longer in operation in the city. (7)FIRST YEAR, as used in this section, shall mean, for an existing business, the 12-month period immediately proceeding following the date the claim for rebate is filed. (Ord. MC-1065, passed 3-7-2000; Ord. MC-1078, passed 8-8-2000; Ord. MC-1117, passed 3-5-2002; Ord. MC-1625, passed 2-21-2024) § 3.44.135 REFUNDS BY SERVICE PROVIDED. (A) Notwithstanding any other provision of this chapter, whenever a service supplier, pursuant to an order of the State Public Utilities Commission or a court of competent jurisdiction, makes a refund to service users of charges for past utility services, the taxes paid pursuant to this chapter on the amount of such refund charges shall also be refunded to service users, and the service supplier shall be entitled to claim a credit for such refunded taxes against the amount of tax which is due upon the next monthly returns. In the event this chapter is repealed prior to the time that the service supplier has received credit for such refunded taxes, then the city shall pay the amount of refunded taxes due. (B) Prior to making any refund pursuant to division (A) above, the service supplier shall provide, in the time and manner prescribed by the City Administrator, a copy of the order of the State Public Utilities Commission (or judgment of a court of competent jurisdiction) mandating the refund and any other relevant material or information. (Ord. MC-510, passed 4-22-1986) § 3.44.140 REFUNDS - LOW INCOME RESIDENTS OF MOBILE-HOME PARKS WITH MASTER METERS. (A) A refund of all taxes due and paid under the provisions of this chapter for utility services rendered on and after January 1, 1984 to residents of mobile-home parks whose utility services were charged through a master meter shall be made whenever all of the following occur: (1) The annual gross income of the household in which one person lives is less than an amount set by the Mayor and CommonCity Council by resolution; Packet Page 329 Service Users Tax 63 (2) The annual gross income of the household in which a married couple or family lives is less than an amount set by the Mayor and CommonCity Council by resolution; (3) The claimant makes application and files a verified claim in writing with the Director of Finance and Management Services at City Hall for such refund upon a claim form provided by said Director; and/or (4) The claim is approved by said Director as being in conformance with this division (A). Only one member of each household may file a claim and only one claim may be filed for each individual household. (B) The claimant shall be the person in whose name the bills for utilities service were rendered. INCOME OF THE HOUSEHOLD means an income of the claimant’s household from all members living in such household who are related to the claimant as a spouse or as defined in the Cal. Revenue and Taxation Code, §§ 17056 and 17057. (C)GROSS INCOME means the sum of adjusted gross income as used for purposes of the State Personal Income Tax Law, together with the net income from all sources of all kinds, including, but not limited to, alimony, support money, cash public assistance and relief, pensions, annuities, social security, interest on securities (including tax free interest on governmental securities), realized capital gains, workers’ compensation (not including medical benefits), unemployment insurance income, insurance benefits of all kinds (other than medical) and gifts, except that income shall not include Medicare benefits, MediCal benefits, gifts of food and gifts between members of the household, the receipt of surplus food or other relief in kind supplied by a governmental agency. (D) The claim for such refund for the preceding 12-month period may be made at any time during the year, and must be accompanied by proof that the utility taxes have been paid by the claimant or some member of the household. (E) No refund shall be made to any person for taxes levied on a utility account for which any utility tax is due and outstanding for the period for which refund is claimed or for any prior period. No refund shall be made for any tax which was paid with public assistance or relief funds which included an allowance to pay the tax. (F) Nothing in this section shall be construed to require that any utility company has any obligation to make or furnish, for the purpose of the refund provisions hereof, proof of utility taxes due or utility taxes paid. (Ord. 2931, passed 8-13-1968; Ord. 3505, passed 6-17-1975; Ord. 3861, passed 9-12-1979; Ord. MC-297, passed 8-4-1983; Ord. MC-330, passed 12-20-1983; Ord. MC-515, passed 4-22-1986; Ord. MC-712, passed 3-19-1990; Ord. MC-1625, passed 2-21-2024) § 3.44.144 EXEMPTION FOR HOUSEHOLD SERVICE USERS - LOW INCOME. (A) Effective January 1, 1984, the tax imposed by this chapter shall not apply to any individual who uses telephone, electric, gas or cable television services in or upon any premises occupied by such individual provided that the following conditions are satisfied: (1) The annual gross income of the household in which one person lives is less than an amount set by the Mayor and CommonCity Council by resolution; (2) The annual gross income of the household in which a married couple or family lives is less than an amount set by the Mayor and CommonCity Council by resolution; and/or Packet Page 330 San Bernardino - Revenue and Finance64 (3) The conditions of § 3.44.140(A)(3), (A)(4), (B), (C) and (F) are satisfied, with the word “claimant” therein referring to the individual applying for exemption. (B) Any person claiming exemption pursuant to this section may file a claim for such exemption at any time in order to qualify for an exemption for the subsequent 12-month period, or until a current exemption is scheduled to expire. (1) Between October 31, 1985 and the effective date of this division (B), applications for renewal of exemptions may be made to the Director of Finance and Management Services, without prejudice, by persons whose exemptions were scheduled to expire on December 31, 1985. Exemptions granted under this provision shall not be retroactive. (2) An application for exemption or renewal shall be made upon forms supplied by the Director of Finance and Management Services and shall declare facts under penalty of perjury which qualify the applicant for the exemption. (C) The Director of Finance and Management Services, or his or her designee, shall review all applications for exemption or renewal, certify as exempt those applicants who qualify and notify all service suppliers affected that such exemptions have been approved, stating the name of the exempt applicant, the account number shown on the utility bill, the address to which exempt service is being supplied and any other information necessary for the service supplier to remove the exempt service user from its tax billing procedure. Upon receipt of notice from the Director of Finance and Management Services, the service supplier shall not be required to collect any further tax imposed by this chapter from such exempt service user until further notice from the Director of Finance and Management Services. Prior to the expiration date of each exemption, the Director of Finance and Management Services shall send notice, by ordinary mail, reminding the holder of the expiration date. At the same time, the Director of Finance and Management Services may also send a renewal application which may be returned by ordinary mail. These reminders shall be sent within such reasonable time as to allow processing of the renewal with no lapse in the exemption status. (D) Each exemption shall expire 12 months after the date it was issued, or December 31, 1986, whichever date is later. The Director of Finance and Management Services shall notify each service supplier to resume collection of utility taxes on the accounts of those service users who have not applied for renewal of their exempt status or whose applications for renewal have been denied. Upon receipt of the written notification, these service suppliers shall resume such collection on those accounts affected commencing with the first billing period beginning after the exemption expires. Notwithstanding any of the provisions of this section, any service supplier who determines, during any calendar year, by any means readily available to it, that a non-exempt service user is receiving services through a meter or connection exempt by virtue of an exemption issued to a previous user of the same meter or connection, the service supplier shall forthwith resume the collection of taxes imposed by this chapter upon the non-exempt service user. (E) Any individual who has been exempted from the tax shall notify the Director of Finance and Management Services within ten days of any change of address or any other change in fact or circumstance which might disqualify that individual from receiving the exemption. If it is determined by the Director of Finance and Management Services that the individual is no longer qualified, the Director of Finance and Management Services shall give notice to the service supplier who shall resume collection of the tax imposed by this chapter commencing with the next billing period. If the user is entitled to exemption at a new address, the Director of Finance and Management Services shall notify affected service suppliers of that fact. Packet Page 331 Service Users Tax 65 (F) It shall be a misdemeanor for any person to knowingly receive the benefits of the exemptions provided by this section when the basis for the exemption either does not exist or ceases to exist. The Director of Finance and Management Services may, from time to time, or at any time, demand evidence of continued eligibility of a service user for exemption under the provisions of this section. Such evidence may include, without limit, copies of business records, letters or statements from the Social Security Administration; copies of income tax returns; and other evidence concerning the service user or members of his or her household which may tend to prove or disprove eligibility. Failure to provide sufficient evidence to establish eligibility when requested by the Director of Finance and Management Services shall be grounds for denial or discontinuance of the service users’ exemption, but evidence voluntarily provided to the Director of Finance and Management Services may only be used as grounds for termination of the exemption and not as evidence of violation of the provisions of this section. If the Director of Finance and Management Services determines that an application for exemption is faulty or untruthful, the application shall be denied in writing and the applicant may file an amended application or appeal the decision of the Director of Finance and Management Services to the City Administrator, whose decision shall be final. (G) No individual shall be exempt from the tax imposed by this chapter except in accordance with this section. The provisions of this section shall not apply retroactively, and no refund shall be made for any taxes paid prior to the issuance and effective date of an exemption granted by the Director of Finance and Management Services, nor shall any refund be made for any taxes collected during any period in which an exemption from the Director of Finance and Management Services was not in effect or had lapsed by failure to apply for renewal. (Ord. MC-297, passed 8-4-1983; Ord. MC-515, passed 4-22-1986; Ord. MC-712, passed 3-19-1990; Ord. MC-1625, passed 2-21-2024) § 3.44.150 VIOLATION - PENALTY. Any person violating any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 2931, passed 8-13-1968; Ord. MC-460, passed 5-15-1985) § 3.44.160 SETTING ASIDE INCREASE. In the event the beginning undesignated fund balance for the city’s General Fund in the 1984 to 1985 preliminary or final budget as in effect on July 1, 1984 is more than 5% of the proposed expenditures and obligations of the General Fund for that budget, as determined by a written declaration filed by the Director of Finance and Management Services with the City Clerk, the tax imposed in this chapter shall be reduced to 6% for all services effective upon the first billings after July 1, 1984. (Ord. MC-297, passed 8-4-1983; Ord. MC-1625, passed 2-21-2024) § 3.44.170 REVIEW OF TAX UPON SERVICE CHARGE INCREASE. Whenever the charge for any service upon which a tax is imposed by this chapter is increased, the Mayor and CommonCity Council shall review the increased charge and determine whether or not the service users tax shall be modified. (Ord. MC-331, passed 1-10-1984) Packet Page 332 San Bernardino - Revenue and Finance66 Packet Page 333 CHAPTER 3.46: SERVICE USERS TAX REDUCTION AND MODERNIZATION ACT Section 3.46.010 Short title 3.46.020 Definitions 3.46.030 Constitutional, statutory and other exemptions 3.46.040 Communication users tax 3.46.050 Bundling taxable items with non-taxable items 3.46.060 Substantial nexus/minimum contacts 3.46.070 Duty to collect - procedures 3.46.080 Collection penalties - service suppliers 3.46.090 Actions to collect 3.46.100 Deficiency determination and assessment - tax application errors 3.46.110 Administrative remedy - non-paying service users 3.46.120 Additional powers and duties of the Tax Administrator 3.46.130 Records 3.46.140 Refunds 3.46.150 Appeals 3.46.160 No injunction/writ of mandate 3.46.170 Notice of changes to ordinance 3.46.180 Future amendment to cited statute 3.46.190 Independent audit of tax collection, exemption, remittance and expenditure 3.46.200 No increase in tax percentage or change in methodology without voter approval 3.46.210 Remedies cumulative 3.46.220 Interaction with prior tax 3.46.230 Violation - penalty § 3.46.010 SHORT TITLE. This chapter shall be known as the “Service Users Tax Reduction and Modernization Act” of the city. § 3.46.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ANCILLARY TELE COMMUNICATION SERVICES. Services that are associated with or incidental to the provision, use or enjoyment of telecommunications services, including, but not limited to, the following services. (1)CONFERENCE BRIDGING SERVICE. An ancillary service that links two or more participants of an audio or video conference call and may include the provision of a telephone number. CONFERENCE BRIDGING SERVICE does not include the telecommunications services used to reach the conference bridge. (2)DETAILED TELECOMMUN- ICATIONS BILLING SERVICE. An ancillary service of separately stating information pertaining to individual calls on a customer’s billing statement. (3)DIRECTORY ASSISTANCE. An ancillary service of providing telephone number information and/or address information. (4)VERTICAL SERVICE. An ancillary service that is offered in connection with one or more telecommunications services, which offers advanced calling features that allow customers to identify callers and to manage multiple calls and call connections, including conference bridging services. (5)VOICE MAIL SERVICE. An ancillary 67 Packet Page 334 San Bernardino - Revenue and Finance68 service that enables the customer to store, send or receive recorded messages. VOICE MAIL SERVICE does not include any vertical services that the customer may be required to have in order to utilize the VOICE MAIL SERVICE. ANCILLARY VIDEO SERVICES. Services that are associated with or incidental to the provision or delivery of video services, including, but not limited to, electronic program guide services, search functions or other interactive services or communications that are associated with or incidental to the provision, use or enjoyment of video programming. BILLING ADDRESS. The mailing address of the service user where the service supplier submits invoices or bills for payment by the customer. CITY. The City of San Bernardino. C O M M U N I C A T I O N S E R V I C E S . “Telecommunication services,” “ancillary telecommunication services,” “video services” and “ancillary video services.” MOBILE TELECOMMUNICATIONS SERVICE. Has the same meaning and usage as set forth in the Mobile Telecommunications Sourcing Act (4 U.S.C. § 124) and the regulations thereunder, as the same exists or may be amended from time to time. MONTH. A calendar month. PAGING SERVICE. A “telecommunications service” that provides transmission of coded radio signals for the purpose of activating specific pagers; such transmissions may include messages and/or sounds. PERSON. Without limitation, any natural individual, firm, trust, common law trust, estate, partnership of any kind, association, syndicate, club, joint stock company, joint venture, limited liability company, corporation (including foreign, domestic and non-profit), municipal district or municipal corporation, cooperative, receiver, trustee, guardian or other representative appointed by order of any court. PLACE OF PRIMARY USE. The street address representative of where the customer’s use of the communications service primarily occurs, which must be the residential street address or the primary business street address of the customer. POST-PAID TELECOMMUNICATION SERVICE. The telecommunication service obtained by making a payment on a communication- by-communication basis either through the use of a credit card or payment mechanism such as a bank card, travel card, credit card or debit card, or by charge made to a service number which is not associated with the origination or termination of the telecommunication service. PREPAID TELECOMMUNICATION SERVICE. The right to access telecommunication services, which must be paid for in advance and which enables the origination of communications using an access number or authorization code, whether manually or electronically dialed, and that is sold in predetermined units or dollars of which the number declines with use in a known amount. PRIVATE TELECOMMUNICATION SERVICE. A telecommunication service that entitles the customer to exclusive or priority use of a communications channel or group of channels between or among termination points, regardless of the manner in which such channel or channels are connected, and includes switching capacity, extension lines, stations and any other associated services that are provided in connection with the use of such channel or channels. A COMMUNICATIONS CHANNEL is a physical or virtual path of communications over which signals are transmitted between or among customer channel termination points (i.e., the location where the customer either inputs or receives the communications). SERVICE ADDRESS. (1) Either: (a) The location of the service user’s communication equipment from which the communication originates or terminates, regardless of where the communication is billed or paid; or Packet Page 335 Service Users Tax Reduction and Modernization Act 69 (b) If the location in division (1) of this definition is unknown (e.g., mobile telecommunications service or VoIP service), the SERVICE ADDRESS means the location of the service user’s place of primary use. (2) For prepaid telecommunication service, SERVICE ADDRESS means the location associated with the service number. SERVICE SUPPLIER. Any entity or person, including the city, that provides communication service to a user of such service within the city. SERVICE USER. A person required to pay a tax imposed under the provisions of this chapter. SERVICE USERS TAX. The tax imposed by this chapter. STATE. The State of California. STREAMLINED SALES AND USE TAX AGREEMENT. The multi-state agreement commonly known and referred to as the streamlined sales and use tax agreement, and as it is amended from time to time. TAX ADMINISTRATOR. The Director of Finance and Management Services of the City of San Bernardino, or his or her designee. TELECOMMUNICATIONS SERVICES. The transmission, conveyance or routing of voice, data, audio, video or any other information or signals to a point, or between or among points, whatever the technology used. The term TELECOMM- UNICATIONS SERVICES includes such transmission, conveyance or routing in which computer processing applications are used to act on the form, code or protocol of the content for purposes of transmission, conveyance or routing without regard to whether such services are referred to as voice over internet protocol (“VoIP”) services or are classified by the Federal Communications Commission as enhanced or value added, and includes video and/or data services that is functionally integrated with TELECOMMUNICATION SERVICES. TELECOMMUNICATIONS SERVICES include, but are not limited to, the following services, regardless of the manner or basis on which such services are calculated or billed: ancillary telecommunication services; mobile telecommunications service; prepaid telecommunication service (to the extent that it is practicable for the service supplier to collect the correct tax imposed under this chapter from the service supplier); post-paid telecommunication service; private telecommunication service; paging service; 800 service (or any other toll-free numbers designated by the Federal Communications Commission); and 900 service (or any other similar numbers designated by the Federal Communications Commission for services whereby subscribers who call in to pre-recorded or live service). VIDEO PROGRAMMING. Those programming services commonly provided to subscribers by a “video service supplier,” including, but not limited to, basic services, premium services, audio services, video games, pay-per-view services, video on demand, origination programming or any other similar services, regardless of the content of such VIDEO PROGRAMMING, or the technology used to deliver such services, and regardless of the manner or basis on which such services are calculated or billed. VIDEO SERVICES. Any and all services related to the providing, storing or delivering of “video programming” (including origination programming and programming using Internet Protocol, e.g., IP-TV and IP-Video) using one or more channels by a “video service supplier,” regardless of the technology used to deliver, store or provide such services, and regardless of the manner or basis on which such services are calculated or billed, and includes data services, “telecommunication services” or interactive communication services that are functionally integrated with VIDEO SERVICES. VIDEO SERVICE SUPPLIER. Any person, company or service which provides or sells one or more channels of video programming, or provides or sells the capability to receive one or more channels of video programming, including any communications that are ancillary, necessary or common to the provision, use or enjoyment of the video programming, to or from a business or residential address in the city, where some fee is paid, whether directly or included in dues or rental charges for that Packet Page 336 San Bernardino - Revenue and Finance70 service, whether or not public rights-of-way are utilized in the delivery of the video programming or communications. A VIDEO SERVICE SUPPLIER includes, but is not limited to, multi-channel video programming distributors (as defined in 47 U.S.C. § 522(13)); open video systems (“OVS”) suppliers; and suppliers of cable television; master antenna television; satellite master antenna television; multi-channel multi-point distribution services (“MMDS”); video services using internet protocol (e.g., IP-TV and IP-Video, which provide, among other things, broadcasting and video on demand); direct broadcast satellite to the extent federal law permits taxation of its video services, now or in the future; and other suppliers of video programming or communications (including two-way communications), whatever their technology. VoIP (VOICE OVER INTERNET PROTOCOL). The digital process of making and receiving real-time voice transmissions over any Internet Protocol network. 800 SERVICE. A “telecommunications service” that allows a caller to dial a toll-free number without incurring a charge for the call. The service is typically marketed under the name “800,” “855,” “866,” “877” and “888” toll-free calling, and any subsequent numbers designated by the Federal Communications Commission. 900 SERVICE. An inbound toll “telecommunications service” purchased by a subscriber that allows the subscriber’s customers to call in to the subscriber’s prerecorded announcement or live service. 900 SERVICE does not include the charge for: collection services provided by the seller of the “telecommunications services” to the subscriber, or service or product sold by the subscriber to the subscriber’s customer. The service is typically marketed under the name 900 SERVICE, and any subsequent numbers designated by the Federal Communications Commission. (Ord. MC-1625, passed 2-21-2024) § 3.46.030 CONSTITUTIONAL, STATUTORY AND OTHER EXEMPTIONS. (A) Nothing in this chapter shall be construed as imposing a tax upon any person or service when the imposition of such tax upon such person or service would be in violation of a federal or state statute, the U.S. Constitution or the California Constitution. (B) Due to the status of the San Bernardino City Unified School District as an agency established by the City Charter and due to the strong public policy in favor of encouraging and assisting the provision of public education, public schools are exempted from the imposition of the communications users tax. (C) Any service user that is exempt from the tax imposed by this chapter pursuant to division (A) above shall file an application with the Tax Administrator for an exemption; provided, however, this requirement shall not apply to a service user that is a state or federal agency or subdivision with a commonly recognized name for such service. Said application shall be made upon a form approved by the Tax Administrator and shall state those facts, declared under penalty of perjury, which qualify the applicant for an exemption, and shall include the names of all communication service suppliers serving that service user. If deemed exempt by the Tax Administrator, such service user shall give the Tax Administrator timely written notice of any change in utility service suppliers so that the Tax Administrator can properly notify the new communication service supplier of the service users tax exempt status. A service user that fails to comply with this section shall not be entitled to a refund of such taxes collected and remitted to the Tax Administrator from such service user as a result of such non-compliance. Upon request of the Tax Administrator, a service supplier or its billing agent shall provide a list of the names and addresses of those customers which, according to its billing records, are deemed exempt from the communication users tax. The decision of the Tax Administrator may be appealed by filing an application with the Tax Administrator and appeal to the City Manager. The City Manager shall give notice of and conduct an informed hearing and shall render a decision in writing. Such hearing is a prerequisite to a suit herein. (D) The exemption and rebate provisions of §§ 3.44.140 and 3.44.144 shall apply to this chapter. Packet Page 337 Service Users Tax Reduction and Modernization Act 71 § 3.46.040 COMMUNICATION USERS TAX. (A) There is imposed a tax upon every person in the city using communication services. The maximum tax imposed by this section shall be at the rate of 7.75% of the charges made for such services and shall be collected from the service user by the communication services supplier or its billing agent. There is a rebuttable presumption that communication services, which are billed to a billing or service address in the city, are used, in whole or in part, within the boundaries of the city, and such services are subject to taxation under this chapter. If the billing address of the service user is different from the service address, the service address of the service user shall be used for purposes of imposing the tax. As used in this section, the term CHARGES shall include the value of any other services, credits, property of every kind or nature or other consideration provided by the service user in exchange for the communication services. (B) “Mobile telecommunications service” shall be sourced in accordance with the sourcing rules set forth in the Mobile Telecommunications Sourcing Act (4 U.S.C. §§ 116 et seq.), as the same exists or may be amended from time to time. The Tax Administrator may issue and disseminate to communication service suppliers, which are subject to the tax collection requirements of this chapter, sourcing rules for the taxation of other communication services, including, but not limited to, post-paid communication services, prepaid communication services and private communication services; provided that such rules are based upon custom and common practice that further administrative efficiency and minimize multi-jurisdictional taxation (e.g., streamlined sales and use tax agreement). (C) The Tax Administrator may issue and disseminate to communication service suppliers, which are subject to the tax collection requirements of this chapter, an administrative ruling identifying those communication services, or charges therefor, that are subject to or not subject to the tax of division (A) above. (D) As used in this section, the term TELECOMMUNICATION SERVICES shall include, but is not limited to, charges for: connection, reconnection, termination, movement or change of telecommunication services; late payment fees; detailed billing; central office and custom calling features (including, but not limited to, call waiting, call forwarding, caller identification and three-way calling); voice mail and other messaging services; directory assistance; access and line charges; universal service charges; regulatory, administrative and other cost recovery charges; local number portability charges; and text and instant messaging. TELECOMMUNICATION SERVICES shall not include digital downloads that are not “ancillary telecommunications services,” such as books, music, ringtones, games and similar digital products. (E) Charges for communication services (video) shall include, but are not limited to, charges for the following: (1) Regulatory fees and surcharges, franchise fees and access fees (“PEG”); (2) Franchise fees; (3) Initial installation of equipment necessary for provision and receipt of communication services; (4) Late fees, collection fees, bad debt recoveries and returned check fees; (5) Activation fees, reactivation fees and reconnection fees; (6) All video programming services (e.g., basic services, premium services, audio services, video games, pay-per-view services or on-demand programming); (7) Ancillary programming services (e.g., electronic program guide services, search functions or other interactive services or communications that are ancillary, necessary or common to the use or enjoyment of the video programming); (8) Equipment leases (e.g., converters, remote devices); and Packet Page 338 San Bernardino - Revenue and Finance72 (9) Service calls, service protection plans, name changes, changes of services and special services. (F) To prevent actual multi-jurisdictional taxation of communication services subject to tax under this section, any service user, upon proof to the Tax Administrator that the service user has previously paid the same tax in another state or local jurisdiction on such communication services, shall be allowed a credit against the tax imposed to the extent of the amount of such tax legally imposed in such other state or local jurisdiction; provided, however, the amount of credit shall not exceed the tax owed to the city under this section. (G) The tax on communication services imposed by this section shall be collected from the service user by the service supplier. The amount of tax collected in one month shall be remitted to the Tax Administrator, and must be received by the Tax Administrator on or before the twentieth day of the following month. § 3.46.050 BUNDLING TAXABLE ITEMS WITH NON-TAXABLE ITEMS. Except as otherwise provided by applicable federal or state law, if any non-taxable charges are combined with and not separately stated from taxable service charges on the customer bill or invoice of a service supplier, the combined charge is subject to tax unless the service supplier identifies, by reasonable and verifiable standards, the portions of the combined charge that are non-taxable and taxable through the service supplier’s books and records kept in the regular course of business, and in accordance with generally accepted accounting principles, and not created and maintained for tax purposes. The service supplier has the burden of proving the proper apportionment of taxable and non-taxable charges. If the service supplier offers a combination of services that include taxable and non-taxable services or products, and the charges are separately stated, then for taxation purposes, the values assigned the taxable and non-taxable services or products shall be based on its books and records kept in the regular course of business and in accordance with generally accepted accounting principles, and not created and maintained for tax purposes. The service supplier has the burden of proving the proper valuation and apportionment of taxable and non-taxable charges. § 3.46.060 SUBSTANTIAL NEXUS/MINIMUM CONTACTS. For purposes of imposing a tax or establishing a duty to collect and remit a tax under this chapter, “substantial nexus” and “minimum contacts” shall be construed broadly in favor of the imposition, collection and/or remittance of the service users tax to the fullest extent permitted by state and federal law, and as it may change from time to time by judicial interpretation or by statutory enactment. Any communication service (including VoIP) used by a person with a service address in the city, which service is capable of terminating a call to another person on the general telephone network, shall be subject to a rebuttable presumption that “substantial nexus/minimum contacts” exists for purposes of imposing a tax, or establishing a duty to collect and remit a tax, under this chapter. A service supplier shall be deemed to have sufficient activity in the city for tax collection and remittance purposes if its activities include, but are not limited to, any of the following: maintains or has within the city, directly or through an agent or subsidiary, a place of business of any nature; solicits business in the city by employees, independent contractors, resellers, agents or other representatives; solicits business in the city on a continuous, regular, seasonal or systematic basis by means of advertising that is broadcast or relayed from a transmitter within the city or distributed from a location within the city; or advertises in newspapers or other periodicals printed and published within the city or through materials distributed in the city by means other than the United States mail. Packet Page 339 Service Users Tax Reduction and Modernization Act 73 § 3.46.070 DUTY TO COLLECT - PROCEDURES. (A)Collection by service suppliers. The duty of service suppliers to collect and remit the taxes imposed by the provisions of this chapter shall be performed as follows. (1) The tax shall be collected by service suppliers insofar as practicable at the same time as, and along with, the collection of the charges made in accordance with the regular billing practice of the service supplier. Where the amount paid by a service user to a service supplier is less than the full amount of the charge and tax which was accrued for the billing period, a proportionate share of both the charge and the tax shall be deemed to have been paid. In those cases where a service user has notified the service supplier of refusal to pay the tax imposed on said charges, § 3.46.090 shall apply. (2) The duty of a service supplier to collect the tax from a service user shall commence with the beginning of the first regular billing period applicable to the service user where all charges normally included in such regular billing are subject to the provisions of this chapter. Where a service user receives more than one billing, one or more being for different periods than another, the duty to collect shall arise separately for each billing period. (B)Filing return and payment. Each person required by this chapter to remit a tax shall file a return to the Tax Administrator, on forms approved by the Tax Administrator, on or before the due date. The full amount of the tax collected shall be included with the return and filed with the Tax Administrator. The Tax Administrator is authorized to require such additional information as he or she deems necessary to determine if the tax is being levied, collected and remitted in accordance with this chapter. Returns are due immediately upon cessation of business for any reason. Pursuant to Cal. Revenue and Taxation Code, § 7284.6, the Tax Administrator, and its agents, shall maintain such filing returns as confidential information that is exempt from the disclosure provisions of the State Public Records Act (Cal. Gov’t Code, §§ 6500 et seq.). Editor’s note: Taxpayer information received in connection with collection of local taxes may be exempt from PRA under Cal. Gov’t Code, §7925.000 (2023) (formerly Cal. Gov’t Code, § 6254(i)); I.R.C. § 6103. § 3.46.080 COLLECTION PENALTIES - SERVICE SUPPLIERS. (A) Taxes collected from a service user are delinquent if not received by the Tax Administrator on or before the due date. Should the due date occur on a weekend or legal holiday, the return must be received by the Tax Administrator on the first regular working day following the weekend or legal holiday. A direct deposit, including electronic fund transfers and other similar methods of electronically exchanging monies between financial accounts, made by a service supplier in satisfaction of its obligations under this division (A) shall be considered timely if the transfer is initiated on or before the due date, and the transfer settles into the city’s account on the following business day. (B) If the person required to collect and/or remit the service users tax fails to collect the tax (by failing to properly assess the tax on one or more services or charges on the customer’s billing) or fails to remit the tax collected on or before the due date, the Tax Administrator shall attach a penalty for such delinquencies or deficiencies at the rate of 15% of the total tax that is delinquent or deficient in the remittance, and shall pay interest at the rate of and 0.75% per month, or any fraction thereof, on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent, until paid. (C) The Tax Administrator shall have the power to impose additional penalties upon persons required to collect and remit taxes pursuant to the provisions of this chapter for fraud or gross negligence in reporting or remitting at the rate of 15% of the amount of the tax collected and/or required to be remitted, or as Packet Page 340 San Bernardino - Revenue and Finance74 recomputed by the Tax Administrator. (D) For collection purposes only, every penalty imposed and such interest that is accrued under the provisions of this section shall become a part of the tax herein required to be paid. (E) Notwithstanding the foregoing, the Tax Administrator may, in his or her discretion, modify the due dates of this chapter to be consistent with any uniform standards or procedures that are mutually agreed upon by other public agencies imposing a service users tax, or otherwise legally established, to create a central payment location or mechanism. § 3.46.090 ACTIONS TO COLLECT. Any tax required to be paid by a service user under the provisions of this chapter shall be deemed a debt owed by the service user to the city. Any such tax collected from a service user which has not been remitted to the Tax Administrator shall be deemed a debt owed to the city by the person required to collect and remit and shall no longer be a debt of the service user. Any person owing money to the city under the provisions of this chapter shall be liable in an action brought in the name of the city for the recovery of such amount, including penalties and interest as provided for in this chapter, along with any collection costs incurred by the city as a result of the person’s non-compliance with this chapter, including, but not limited to, reasonable attorneys’ fees. Any tax required to be collected by a service supplier or owed by a service user is an unsecured priority excise tax obligation pursuant to 11 U.S.C. § 507(a)(8)(C). § 3.46.100 DEFICIENCY DETERMINATION AND ASSESSMENT - TAX APPLICATION ERRORS. (A) The Tax Administrator shall make a deficiency determination if he or she determines that any service supplier or service user required to pay, collect and/or remit taxes pursuant to the provisions of this chapter has failed to pay, collect and/or remit the proper amount of tax by improperly or failing to apply the tax to one or more taxable services or charges. Nothing herein shall require that the Tax Administrator institute proceedings under this section if, in the opinion of the Tax Administrator, the cost of collection or enforcement likely outweighs the tax benefit. (B) The Tax Administrator shall mail a notice of such deficiency determination to the person or entity allegedly owing the tax, which notice shall refer briefly to the amount of the taxes owed, plus interest at the rate of 0.75% per month, or any fraction thereof, on the amount of the tax from the date on which the tax should have been received by the city. Within 14 calendar days after the date of service of such notice, the person or entity allegedly owing the tax may request in writing to the Tax Administrator for a hearing on the matter. (C) If the person or entity allegedly owing the tax fails to request a hearing within the prescribed time period, the amount of the deficiency determination shall become final assessment, and shall immediately be due and owing to the city. If the person requests a hearing, the Tax Administrator shall cause the matter to be set for hearing, which shall be scheduled within 30 days after receipt of the written request for hearing. Notice of the time and place of the hearing shall be mailed by the Tax Administrator to such person or entity at least ten calendar days prior to the hearing, and, if the Tax Administrator desires said person or entity to produce specific records at such hearing, such notice may designate the records requested to be produced. (D) At the time fixed for the hearing, the Tax Administrator shall hear all relevant testimony and evidence, including that of any other interested parties. At the discretion of the Tax Administrator, the hearing may be continued, from time to time, for the purpose of allowing the presentation of additional evidence. Within a reasonable time following the conclusion of the hearing, the Tax Administrator shall issue a final assessment (or non-assessment) thereafter, by Packet Page 341 Service Users Tax Reduction and Modernization Act 75 confirming, modifying or rejecting the original deficiency determination, and shall mail a copy of such final assessment to person or entity owing the tax. The decision of the Tax Administrator may be appealed pursuant to § 3.46.150. Filing an application with the Tax Administrator and appeal to the City Manager is a prerequisite to a suit thereon. (E) Payment of the final assessment shall become delinquent if not received by the Tax Administrator on or before the thirtieth day following the date of receipt of the notice of final assessment. The penalty for delinquency shall be 15% on the total amount of the assessment, along with interest at the rate of 0.75% per month, or any fraction thereof, on the amount of the tax, exclusive of penalties, from the date of delinquency, until paid. The applicable statute of limitations regarding a claim by the city seeking payment of a tax assessed under this chapter shall commence from the date of delinquency as provided in this division (E). (F) All notices under this section may be sent by regular mail, postage prepaid, and shall be deemed received on the third calendar day following the date of mailing, as established by a proof of mailing. § 3.46.110 ADMINISTRATIVE REMEDY - NON-PAYING SERVICE USERS. (A) Whenever the Tax Administrator determines that a service user has deliberately withheld the amount of the tax owed by the service user from the amounts remitted to a person required to collect the tax, or whenever the Tax Administrator deems it in the best interest of the city, he or she may relieve such person of the obligation to collect the taxes due under this chapter from certain named service users for specific billing periods. To the extent the service user has failed to pay the amount of tax owed for a period of two or more billing periods, the service supplier may, in the discretion of the Tax Administrator, be relieved of the obligation to collect taxes due. The service supplier shall provide the city with the names and addresses of such service users and the amounts of taxes owed under the provisions of this chapter if it is determined by the Tax Administrator to relieve the person required to collect the tax. Nothing herein shall require that the Tax Administrator institute proceedings under this section if, in the opinion of the Tax Administrator, the cost of collection or enforcement likely outweighs the tax benefit. (B) In addition to the tax owed, the service user shall pay a delinquency penalty at the rate of 15% of the total tax that is owed, and shall pay interest at the rate of 0.75% per month, or any fraction thereof, on the amount of the tax, exclusive of penalties, from the due date, until paid. (C) The Tax Administrator shall notify the non-paying service user that the Tax Administrator has assumed the responsibility to collect the taxes due for the stated periods and demand payment of such taxes, including penalties and interest. The notice shall be served on the service user by personal delivery or by deposit of the notice in the United States mail, postage prepaid, addressed to the service user at the address to which billing was made by the person required to collect the tax; or should the service user have a change of address, to his or her last known address. (D) If the service user fails to remit the tax to the Tax Administrator within 30 days from the date of the service of the notice upon him or her, the Tax Administrator may impose an additional penalty of 15% of the amount of the total tax that is owed. § 3.46.120 ADDITIONAL POWERS AND DUTIES OF THE TAX ADMINISTRATOR. (A) The Tax Administrator shall have the power and duty and is directed to enforce each and all of the provisions of this chapter. (B) The Tax Administrator may adopt administrative rules and regulations consistent with provisions of this chapter for the purpose of interpreting, clarifying, carrying out and enforcing the payment, collection and remittance of the taxes herein imposed. A copy of such administrative rules and regulations shall be on file in the Tax Administrator’s Packet Page 342 San Bernardino - Revenue and Finance76 office. (C) Upon a proper showing of good cause, the Tax Administrator may make administrative agreements approved by the City Attorney, with appropriate conditions, to vary from the strict requirements of this chapter and thereby: (1) Conform to the billing procedures of a particular service supplier so long as said agreements result in the collection of the tax in conformance with the general purpose and scope of this chapter; or (2) To avoid a hardship where the administrative costs of collection and remittance greatly outweigh the tax benefit. (D) The Tax Administrator may conduct an audit, to ensure proper compliance with the requirements of this chapter, of any person required to collect and/or remit a tax pursuant to this chapter. The Tax Administrator shall notify said person of the initiation of an audit in writing. In the absence of fraud or other intentional misconduct, the audit period of review shall not exceed a period of three years next preceding the date of receipt of the written notice by said person from the Tax Administrator. Upon completion of the audit, the Tax Administrator may make a deficiency determination, pursuant to § 3.46.100, for all taxes (and applicable penalties and interest) owed and not paid, as evidenced by information provided by such person to the Tax Administrator. If said person is unable or unwilling to provide sufficient records to enable the Tax Administrator to verify compliance with this chapter, the Tax Administrator is authorized to make a reasonable estimate of the deficiency. Said reasonable estimate shall be entitled to a rebuttable presumption of correctness. (E) (1) Upon receipt of a written request of a taxpayer, and for good cause, the Tax Administrator may extend the time for filing any statement required pursuant to this chapter for a period of not to exceed 45 days; provided that the time for filing the required statement has not already passed when the request is received. (2) No penalty for delinquent payment shall accrue by reason of such extension. Interest shall accrue during said extension at the rate of 0.75% per month, prorated for any portion thereof. (F) The Tax Administrator shall determine the eligibility of any person who asserts a right to exemption from, or a refund of, the tax imposed by this chapter. (G) Notwithstanding any provision in this chapter to the contrary, the Tax Administrator, with the approval of the Mayor and CommonCity Council, may waive any penalty or interest imposed upon a person required to collect and/or remit for failure to collect the tax imposed by this chapter if the non-collection occurred in good faith. In determining whether the non-collection was in good faith, the Tax Administrator shall take into consideration industry practice or other precedence. § 3.46.130 RECORDS. (A) It shall be the duty of every person required to collect and/or remit to the city any tax imposed by this chapter to keep and preserve, for a period of at least three years, all records as may be necessary to determine the amount of such tax as he or she may have been liable for the collection of and remittance to the Tax Administrator, which records the Tax Administrator shall have the right to inspect at a reasonable time. (B) The city may issue an administrative subpoena to compel a person to deliver, to the Tax Administrator, copies of all records deemed necessary by the Tax Administrator to establish compliance with this chapter, including the delivery of records in a common electronic format on readily available media if such records are kept electronically by the person in the usual and ordinary course of business. As an alternative to delivering the subpoenaed records to the Tax Administrator on or before the due date provided in the administrative subpoena, such person may provide access to such records outside the city on or before the due date; provided that such person shall reimburse the city for all reasonable travel expenses incurred by the city to inspect those records, including travel, lodging, meals and other similar expenses, but Packet Page 343 Service Users Tax Reduction and Modernization Act 77 excluding the normal salary or hourly wages of those persons designated by the city to conduct the inspection. (C) The Tax Administrator is authorized to execute a non-disclosure agreement approved by the City Attorney to protect the confidentiality of customer information pursuant to Cal. Revenue and Taxation Code, §§ 7284.6 and 7284.7. (D) If a service supplier uses a billing agent or billing aggregator to bill, collect and/or remit the tax, the service supplier shall: (1) Provide to the Tax Administrator the name, address and telephone number of each billing agent and billing aggregator currently authorized by the service supplier to bill, collect and/or remit the tax to the city; and (2) Upon request of the Tax Administrator, deliver, or effect the delivery of, any information or records in the possession of such billing agent or billing aggregator that, in the opinion of the Tax Administrator, is necessary to verify the proper application, calculation, collection and/or remittance of such tax to the city. (E) (1) If any person subject to record-keeping under this section unreasonably denies the Tax Administrator access to such records, or fails to produce the information requested in an administrative subpoena within the time specified, then the Tax Administrator may impose a penalty of $500 on such person for each day following: (a) The initial date that the person refuses to provide such access; or (b) The due date for production of records as set forth in the administrative subpoena. (2) This penalty shall be in addition to any other penalty imposed under this chapter. § 3.46.140 REFUNDS. Whenever the amount of any tax has been overpaid or paid more than once or has been erroneously or illegally collected or received by the Tax Administrator under this chapter from a service user or service supplier, it may be refunded as provided in this section. (A) The Tax Administrator may refund any tax that has been overpaid or paid more than once or has been erroneously or illegally collected or received by the Tax Administrator under this chapter from a service user or service supplier; provided that no refund shall be paid under the provisions of this section unless the claimant or his or her guardian, conservator, executor or administrator has submitted a written claim to the Tax Administrator within one year of the overpayment or erroneous or illegal collection of said tax. Such claim must clearly establish claimant’s right to the refund by written records showing entitlement thereto. Nothing herein shall permit the filing of a claim on behalf of a class or group of taxpayers unless each member of the class has submitted a written claim under penalty of perjury as provided by this division (A). (B) The filing of a written claim pursuant to Cal. Gov’t Code, § 935 is a prerequisite to any suit thereon. Any action brought against the city pursuant to this section shall be subject to the provisions of Cal. Gov’t Code, §§ 945.6 and 946. The City Manager, or the Mayor and CommonCity Council where the claim is in excess of $10,000, shall act upon the refund claim within the time period set forth in Cal. Gov’t Code, § 912.4. If the City Manager/Mayor and CommonCity Council fails or refuses to act on a refund claim within the time prescribed by Cal. Gov’t Code, § 912.4, the claim shall be deemed to have been rejected by the City Manager/Mayor and CommonCity Council on the last day of the period within which the City Manager/Mayor and CommonCity Council was required to act upon the claim as provided in Cal. Gov’t Code, § 912.4. The Risk Manager shall give notice of the action in a form which substantially complies with that set forth in Cal. Gov’t Code, § 913. (C) Notwithstanding the notice provisions of division (A) above, a service supplier that has collected any amount of tax in excess of the amount of tax imposed by this chapter and actually due from a service user (whether due to overpayment or erroneous Packet Page 344 San Bernardino - Revenue and Finance78 or illegal collection of said tax) may refund such amount to the service user, or credit to charges subsequently payable by the service user to the service supplier, and claim credit for such overpayment against the amount of tax which is due upon any other monthly returns to the Tax Administrator; provided such credit is claimed in a return dated no later than one year from the date of overpayment or erroneous or illegal collection of said tax, and provided that the Tax Administrator shall first determine the validity of the service user’s claim of credit and the underlying basis for such claim. (D) Notwithstanding divisions (A) through (C) above, a service supplier shall be entitled to take any overpayment as a credit against an underpayment whenever such overpayment has been received by the city within the three years next preceding a deficiency determination or assessment by the Tax Administrator in connection with an audit instituted by the Tax Administrator pursuant to § 3.46.120(D). A service supplier shall not be entitled to said credit unless it clearly establishes the right to the credit by written records showing entitlement thereto. Under no circumstances shall an overpayment taken as a credit against an underpayment pursuant to this division (D) qualify a service supplier for a refund to which it would not otherwise be entitled under the one-year written claim requirement of this section. § 3.46.150 APPEALS. (A) The provisions of this section apply to any decision (other than a decision relating to a refund pursuant to § 3.46.140), deficiency determination, assessment or administrative ruling of the Tax Administrator. Any person aggrieved by any decision (other than a decision relating to a refund pursuant to § 3.46.140), deficiency determination, assessment or administrative ruling of the Tax Administrator shall be required to comply with the appeals procedure of this section. Compliance with this section shall be a prerequisite to a suit thereon. Nothing herein shall permit the filing of a claim or action on behalf of a class or group of taxpayers. (B) If any person is aggrieved by any decision (other than a decision relating to a refund pursuant to § 3.46.140), deficiency determination, assessment or administrative ruling of the Tax Administrator, he or she may appeal to the City Manager by filing a notice of appeal with the City Clerk within 14 days of the date of the decision, deficiency determination, assessment, administrative ruling of the Tax Administrator which aggrieved the service user or service supplier. (C) The matter shall be scheduled for hearing before an independent hearing officer selected by the City Manager, no more than 45 days from the receipt of the appeal. The appellant shall be served with notice of the time and place of the hearing, as well as any relevant materials, at least five calendar days prior to the hearing. The hearing may be continued, from time to time, upon mutual consent. At the time of the hearing, the appealing party, the Tax Administrator and any other interested person may present such relevant evidence as he or she may have relating to the determination from which the appeal is taken. (D) Based upon the submission of such evidence and the review of the city’s files, the hearing officer shall issue a written notice and order upholding, modifying or reversing the determination from which the appeal is taken. The notice shall be given within 14 days after the conclusion of the hearing and shall state the reasons for the decision. The notice shall specify that the decision is final and that any petition for judicial review shall be filed within 90 days from the date of the decision in accordance with Cal. Code of Civil Procedure, § 1094.6. (E) All notices under this section may be sent by regular mail, postage prepaid, and shall be deemed received on the third calendar day following the date of mailing, as established by a proof of mailing. § 3.46.160 NO INJUNCTION/WRIT OF MANDATE. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against this city or against any officer of the city to prevent or enjoin the collection under this chapter of any tax or any amount of tax required to be collected and/or remitted. Packet Page 345 Service Users Tax Reduction and Modernization Act 79 § 3.46.170 NOTICE OF CHANGES TO ORDINANCE. If a tax under this chapter is added, repealed, increased by voter approval, reduced or the tax base is changed, the Tax Administrator shall follow the notice requirements of Cal. Public Utilities Code, § 799. § 3.46.180 FUTURE AMENDMENT TO CITED STATUTE. Unless specifically provided otherwise, any reference to a state or federal statute in this chapter shall mean such statute as it may be amended from time to time. § 3.46.190 INDEPENDENT AUDIT OF TAX COLLECTION, EXEMPTION, REMITTANCE AND EXPENDITURE. The city shall annually verify that the taxes owed under this chapter have been properly applied, exempted, collected and remitted in accordance with this chapter, and properly expended according to applicable municipal law. The annual verification shall be performed by a qualified independent third party and the review shall employ reasonable, cost-effective steps to assure compliance, including the use of sampling audits. The verification shall not be required of tax remitters where the cost of the verification may exceed the tax revenues to be reviewed. § 3.46.200 NO INCREASE IN TAX PERCENTAGE OR CHANGE IN METHODOLOGY WITHOUT VOTER APPROVAL. (A) Regarding § 3.46.040, the city may not increase the tax percentage or change a methodology for calculating the tax so as to result in an increase in a tax imposed on a person, without voter approval. (B) Notwithstanding division (A) above, pursuant to Cal. Gov’t Code, § 53750, the city may make the following changes without voter approval: (1) Reduce the percentage rate, and at any time thereafter increase such percentage rate, so long as the subsequent increase does not exceed the rate previously approved by the voters in the enactment of this chapter; (2) Change the methodology so as to reduce the amount of the tax being levied, and, at any time thereafter, change the methodology, so long as the subsequent change in methodology does not result in an increase in the amount being levied under the methodology previously approved by the voters in the enactment of this chapter; (3) Change a methodology or definition so as to avoid or eliminate a discriminatory tax on taxpayers that are similarly situated, so long as the change does not result in an increase in the amount levied on such class of similarly situated taxpayers under the methodology or definition previously approved by the voters in the enactment of this chapter; (4) Establish a class of persons that is exempt or excepted from one or more taxes hereunder, and, at any time thereafter, discontinue such exemption or exception; (5) Decide that all or a part of a tax imposed under § 3.46.040 should not be enforced for administrative reasons, and, at any time thereafter, decide to enforce the full amount of such tax as previously approved by the voters in the enactment of this chapter; (6) Establish, and, at any time thereafter, change, the value and/or apportionment (including a “safe harbor” percentage) of taxable and non-taxable services that are bundled or packaged under a combined charge, in response to changes in the marketing of combined services and the components thereof, or in reevaluating the values thereof; or (7) Establish exemptions or lower rate percentages for industrial or economic development zones or for classes of customers therein, establish rebate programs for the purposes of encouraging economic development and, at any time thereafter, discontinue such exemptions or lower rate Packet Page 346 San Bernardino - Revenue and Finance80 percentages. § 3.46.210 REMEDIES CUMULATIVE. All remedies and penalties prescribed by this chapter or which are available under any other provision of law or equity, including, but not limited to, the State False Claims Act (Cal. Gov’t Code, §§ 12650 et seq.) and the State Unfair Practices Act (Cal. Business and Professions Code, §§ 17070 et seq.), are cumulative. The use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. § 3.46.220 INTERACTION WITH PRIOR TAX. (A)Collection of tax by service providers. Service providers shall begin to collect the tax imposed by this chapter as soon as feasible after the effective date of this chapter, but, in no event, later than permitted by the Cal. Public Utilities Code, § 799. (B)Satisfaction of tax obligation by service users. Any person who pays the tax levied pursuant to § 3.46.040 with respect to any charge for a communication service shall be deemed to have satisfied his or her obligation to pay the tax levied, pursuant to §§ 3.44.030 and 3.44.040, with respect to that charge. Likewise, prior to August 1, 2008, any person who pays the tax levied pursuant to §§ 3.44.030 and 3.44.040 with respect to any charge for a service subject to taxation pursuant to this chapter shall be deemed to have satisfied his or her obligation to pay the tax levied pursuant to § 3.46.040 with respect to that charge. The intent of this division (B) is to prevent the imposition of multiple taxes upon a single utility charge during the transition period from the prior telephone and video users’ tax to the new communications users’ tax (which transition period ends August 1, 2008) and to permit communications service providers, during that transition period, to satisfy their collection obligations by collecting either tax. § 3.46.230 VIOLATION - PENALTY. Any person violating any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. MC-1263, passed 2-11-2008) Packet Page 347 Service Users Tax Reduction and Modernization Act 81 Packet Page 348 San Bernardino - Revenue and Finance82 Packet Page 349 CHAPTER 3.48: REAL PROPERTY TRANSFER TAX Section 3.48.010 Citation 3.48.020 Imposition - rate 3.48.030 Payment of tax 3.48.040 Exemptions - securing debt 3.48.050 Exemptions - political or governmental entities 3.48.060 Exemptions - conveyances affecting reorganization or adjustment 3.48.070 Exemptions - conveyances affecting SEC order 3.48.080 Exemptions - transfer of interest in partnership 3.48.090 Exemptions - foreclosure 3.48.100 Administration 3.48.110 Claims for refunds Statutory reference: Related provisions, see Cal. Revenue and Taxation Code, §§ 11901 et seq. § 3.48.010 CITATION. The ordinance codified in this chapter shall be known as the “Real Property Transfer Tax Ordinance” of the city. It is adopted pursuant to the authority contained in the Cal. Revenue and Taxation Code, Division 2, Part 6.7 (commencing with § 11901). (Ord. 2867, passed 11-28-1967) § 3.48.020 IMPOSITION - RATE. There is imposed on each deed, instrument or writing by which any lands, tenements or other realty sold within the city shall be granted, assigned, transferred or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his, her or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrances remaining thereon at the time of sale) exceeds $100, a tax at the rate of $27.50 for each $500 or fractional part thereof. (Ord. 2867, passed 11-28-1967) § 3.48.030 PAYMENT OF TAX. Any tax imposed pursuant to § 3.48.020 shall be paid by any person who makes, signs or issues any document or instrument subject to the tax, or for whose use or benefit the same is made, signed or issued. (Ord. 2867, passed 11-28-1967) § 3.48.040 EXEMPTIONS - SECURING DEBT. Any tax imposed pursuant to this chapter shall not apply to any instrument in writing given to secure a debt. (Ord. 2867, passed 11-28-1967) § 3.48.050 EXEMPTIONS - POLITICAL OR GOVERNMENTAL ENTITIES. Any deed, instrument or writing to which the United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, is a party, shall be exempt from any tax imposed by this chapter when the exempt agency is acquiring title. (Ord. 2867, passed 11-28-1967; Ord. 3848, passed 7-11-1979) § 3.48.060 EXEMPTIONS - CONVEYANCES AFFECTING REORGANIZATION OR ADJUSTMENT. 83 Packet Page 350 San Bernardino - Revenue and Finance84 (A) Any tax imposed pursuant to this chapter shall not apply to the making, delivering or filing of conveyances to make effective any plan of reorganization or adjustment: (1) Confirmed under the Federal Bankruptcy Act, as amended; (2) Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in 2 U.S.C. § 205(m), as amended; (3) Approved in an equity receivership proceeding in a court involving a corporation, as defined in 2 U.S.C. § 506(3), as amended; or (4) Whereby a mere change in identity, form or place of organization is effected. (B) Divisions (A)(1) through (A)(4) above shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of such confirmation, approval or change. (Ord. 2867, passed 11-28-1967; Ord. 3848, passed 7-11-1979) § 3.48.070 EXEMPTIONS - CONVEYANCES AFFECTING SEC ORDER. Any tax imposed pursuant to this chapter shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in I.R.C. § 1083(a) of 1954; but only if: (A) The order of the Securities and Exchange Commission, in obedience to which such conveyance is made, recites that such conveyance is necessary or appropriate to effectuate the provisions of 15 U.S.C. § 79k, relating to the Public Utility Holding Company Act of 1935; (B) Such order specifies the property which is ordered to be conveyed; and (C) Such conveyance is made in obedience to such order. (Ord. 2867, passed 11-28-1967) § 3.48.080 EXEMPTIONS - TRANSFER OF INTEREST IN PARTNERSHIP. (A) In the case of any realty held by a partnership, no levy shall be imposed pursuant to this chapter by reason of any transfer of an interest in a partnership or otherwise if: (1) Such partnership (or another partnership) is considered a continuing partnership within the meaning of I.R.C. § 708 of 1954; and (2) Such continuing partnership continues to hold the realty concerned. (B) If there is a termination of any partnership within the meaning of I.R.C. § 708 of 1954, for purposes of this chapter, such partnership shall be treated as having executed an instrument whereby there was conveyed (for fair market value of any lien or encumbrance remaining thereon) all realty held by such partnership at the time of such termination. (C) Not more than one tax shall be imposed pursuant to this chapter by reason of a termination described in division (B) above, and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination. (Ord. 2867, passed 11-28-1967) § 3.48.090 EXEMPTIONS - FORECLOSURE. Any tax imposed pursuant to this chapter shall not apply with respect to any deed, instrument or writing to a beneficiary or mortgage, which is taken from the mortgagor to trust or as a result of or in lieu of foreclosure; provided that such tax shall apply to the extent that the consideration exceeds the unpaid debt, including accrued unpaid interest and cost of foreclosure. Consideration, unpaid debt amount and identification of grantee as beneficiary or mortgage shall be noted on the deed, instrument or writing or stated in an affidavit or declaration under penalty of perjury for tax purposes. Packet Page 351 Real Property Transfer Tax 85 (Ord. 2867, passed 11-28-1967; Ord. 3354, passed 6-8-1973; Ord. 3848, passed 7-11-1979) § 3.48.100 ADMINISTRATION. The County Recorder shall administer this chapter in conformity with the provisions of the Cal. Revenue and Taxation Code, Division 2, Part 6.7 and the provisions of any county ordinance adopted pursuant thereto. (Ord. 2867, passed 11-28-1967) § 3.48.110 CLAIMS FOR REFUNDS. Claims for refund of taxes imposed pursuant to this chapter shall be governed by the provisions of the Cal. Revenue and Taxation Code, Division 1, Part 9, Chapter 5 (commencing with § 5096). (Ord. 2867, passed 11-28-1967) Packet Page 352 San Bernardino - Revenue and Finance86 Packet Page 353 CHAPTER 3.52: UNIFORM TRANSIENT OCCUPANCY TAX (Repealed by Ord. MC-1006, passed 11-18-1997) 87 Packet Page 354 San Bernardino - Revenue and Finance88 Packet Page 355 CHAPTER 3.54: RESERVED (Repealed by Ord. MC-1127, passed 7-16-2002) 89 Packet Page 356 San Bernardino - Revenue and Finance90 Packet Page 357 CHAPTER 3.55: TRANSIENT LODGING TAX Section 3.55.010 Definitions 3.55.020 Tax imposed - rate - revenue measure 3.55.030 Collection of tax 3.55.035 Exemptions 3.55.040 Reports and remittances 3.55.045 Refunds 3.55.050 Penalties 3.55.060 Determination of tax by City Clerk 3.55.065 Appeal 3.55.070 Records 3.55.080 Hotel registration 3.55.090 Immediate payment of tax on cessation of business 3.55.100 Sale or ownership transfer of hotel 3.55.110 Liens 3.55.120 Action to collect 3.55.130 Retention and inspection of records 3.55.140 Violation - penalty 3.55.150 Enforcement - citing authority 3.55.160 Prerequisite for suit 3.55.170 Amendments 3.55.180 Severability Editor’s note: This ordinance was approved by a majority of the voters of the city at the November 5, 2002 statewide general election. Statutory reference: For provisions authorizing cities to levy a transient occupancy tax, see Cal. Revenue and Taxation Code, §§ 7280 and 7281. § 3.55.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. HOTEL. A commercial establishment furnishing lodging space in exchange for monetary compensation. Every such establishment shall constitute a HOTEL for purposes of this chapter notwithstanding any advertising describing the facility as a hostelry, inn, motel, rooming house, tourist home or similar enterprise. LODGING SPACE. One or more rooms used or intended to be used for dwelling or sleeping purposes. OCCUPANCY. The use or possession, or the right to the use or possession, of a lodging space. OPERATOR. The person who is the proprietor of a hotel. If an OPERATOR utilizes a managing agent who is not an employee, then such agent shall also constitute an OPERATOR for purposes of this chapter. Compliance with this chapter by either the principal or the managing agent shall constitute compliance by both. PERSON. Any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit. ROOM RENTAL. The total charge for lodging space. TRANSIENT. A person who, for a period of 30 consecutive calendar days or less, exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or contract. Every such person shall constitute a TRANSIENT for purposes of this chapter until expiration of the 30-day period, unless such person has executed a written contract 91 Packet Page 358 San Bernardino - Revenue and Finance92 with the operator to provide for occupancy in excess of 30 consecutive calendar days and the contract cannot be terminated without providing at least 30 days’ advance notice. In determining whether a person is a TRANSIENT, portions of calendar days shall be counted as full days and uninterrupted periods of time extending both prior and subsequent to the effective date of this chapter may be considered. TRANSIENT LODGING TAX. The tax levied pursuant to this chapter. § 3.55.020 TAX IMPOSED - RATE - REVENUE MEASURE. (A) For the privilege of occupancy in a hotel, each transient is subject to and shall pay a transient lodging tax in the amount of 10% of the room rental charged by the operator. (B) The transient lodging tax is levied for revenue purposes and is necessary for the usual financial operation of the city. When collected, the tax shall be made a part of the General Funds of the city. § 3.55.030 COLLECTION OF TAX. (A) Each operator receiving a room rental payment that is subject to the transient lodging tax, at the time of receipt of the room rental payment, shall collect the amount of the tax imposed. The operator shall provide a receipt for payment of the transient lodging tax to the transient. (B) If the monetary compensation received by an operator from a transient includes any charge for services or accommodations besides lodging space, then the room rental portion of such compensation shall be billed to the transient as a separate item. (C) Transient lodging taxes collected by an operator shall be held in trust until remitted to the city. (D) No operator shall represent to the public that the transient lodging tax will not be added to the room rental charge, will be absorbed by the operator or will be refunded in a manner contrary to this chapter. (E) In lieu of paying the transient lodging tax to an operator, a transient may remit the tax directly to the Department of Finance and Management Services. Any transient who opts to remit the transient lodging tax directly to the Department of Finance and Management Services shall provide written proof of such remittance to the operator. (Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 3.55.035 EXEMPTIONS. (A)Grounds. No transient lodging tax shall be imposed upon: (1) Any officer or employee of the United States government or the state for lodging space utilized by that officer or employee in the discharge of official government business; (2) Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; (3) Room rental payment made to any hospital, medical clinic, convalescent home or home for aged people; and (4) Any person as to whom, or any occupancy as to which, it is beyond the power of the city to impose the tax. (B)Procedure. Each transient desiring an exemption from the transient lodging tax must file a tax exemption certificate with the hotel at the time room rental payment is made to the operator. The tax exemption certificate shall indicate the basis for the exemption and shall be signed under penalty of perjury. Tax exemption certificate forms shall be prescribed by, and may be obtained from, the Department of Finance and Management Services. (Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 3.55.040 REPORTS AND REMITTANCES. (A) On or before the twenty-fifth day of each Packet Page 359 Transient Lodging Tax 93 month, each operator shall deliver to the Department of Finance and Management Services a lodging information report for the prior month and shall remit to the Department of Finance and Management Services the transient lodging tax collected during the prior month. (B) The lodging information report shall indicate the amount received for room rental and the amount of transient lodging tax required to be collected, and shall be signed under penalty of perjury. (C) Lodging information report forms shall be prescribed by, and may be obtained from, the Department of Finance and Management Services. (Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 3.55.045 REFUNDS. (A)Operator grounds. An operator who has remitted a transient lodging tax to the city may obtain a refund of all or a part of such remittance in the following circumstances: (1) The tax was collected from a person who was not a transient; (2) The amount of tax collected from a transient exceeds the amount due; (3) The amount of tax remitted by the operator exceeds the amount due; and (4) The city lacked the authority to impose the tax. (B)Transient grounds. A transient who has remitted a transient lodging tax directly to the city, rather than indirectly by means of payment to an operator, may obtain a refund of all or a part of such remittance in the following circumstances: (1) The tax was collected from a person who was not a transient; (2) The amount of tax remitted by the transient exceeds the amount due; and (3) The city lacked the authority to impose the tax. (C)Procedure. Each person desiring a refund must file a refund claim with the Department of Finance and Management Services within three years of the date of remittance of the transient lodging tax. The refund claim shall indicate the basis for the refund and shall be signed under penalty of perjury. Refund claim forms shall be prescribed by, and may be obtained from, the Department of Finance and Management Services. No refund shall be paid unless the claimant produces written records demonstrating entitlement to the refund. The Department of Finance and Management Services shall refund any tax improperly paid by any person directly to such person. (Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 3.55.050 PENALTIES. (A)Delinquency. (1) An operator who remits a transient lodging tax between the first day and the twenty-ninth day following the deadline for such remittance shall pay, in addition to the amount of the tax, a delinquency penalty of 25% of the amount of the tax. (2) An operator who remits a transient lodging tax between the thirtieth day and the sixtieth day following the deadline for such remittance shall pay, in addition to the amount of the tax, a delinquency penalty of 50% of the amount of the tax. (3) An operator who remits a transient lodging tax after the sixtieth day following the deadline for such remittance shall pay in addition to the amount of the tax the following penalties: (a) A delinquency penalty of 100% of the amount of the tax; and (b) Interest on the total of the tax and the delinquency penalty. Interest shall be at the rate of 10% per annum and shall be computed from the sixty-first day of delinquency until the date of remittance of the tax and delinquency penalty to the Packet Page 360 San Bernardino - Revenue and Finance94 Department of Finance and Management Services. (B)Fraud. If the Department of Finance and Management Services determines that the non-payment of a transient lodging tax is due to fraud of the operator, then the operator shall pay, in addition to the amount of the tax, a fraud penalty of 25% of the amount of the tax. (Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 3.55.060 DETERMINATION OF TAX BY CITY CLERK. (A)Determination. If an operator fails to collect and remit the transient lodging tax in accordance with this chapter, then the Department of Finance and Management Services shall determine the amount of tax owed by such operator. The Department of Finance and Management Services may make such determination based on an estimate of the amount due based on the information available. (B)Notice. Upon determining the amount of transient lodging tax and penalty due, the Department of Finance and Management Services shall notify the operator in writing. If the operator does not request a hearing on such amount in writing within ten days of the date of issuance of the notice, then the amount shall be conclusive and shall be remitted to the city on or before the deadline specified in the notice. (C)Hearing. If a timely hearing request is made, then the Department of Finance and Management Services shall notify the operator in writing of the date, time and place of a hearing on the amount of transient lodging tax and penalty owed to the city at least ten days prior to the date of the hearing. At such hearing, the operator may offer evidence to rebut the determination of the Department of Finance and Management Services. After such hearing, the Department of Finance and Management Services shall revise the initial determination as deemed appropriate and shall notify the operator in writing of the final determination of the transient lodging tax and penalty that is due. Such amount shall be remitted to the city within 15 days from the issuance of the notice, unless an appeal is filed as provided in this chapter. (Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 3.55.065 APPEAL. Any operator who is aggrieved by a Department of Finance and Management Services decision regarding the amount of transient lodging tax or penalty owed by the operator may appeal to the Mayor and City Council in accordance with the provisions of Chapter 2.64. Any transient who is aggrieved by a Department of Finance and Management Services decision regarding the amount of transient lodging tax owed by the transient may appeal to the Mayor and City Council in accordance with the provisions of Chapter 2.64. Any amount that the Mayor and City Council determines is owed to the city shall be remitted to the Department of Finance and Management Services on or before the deadline set by the Mayor and City Council. (Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 3.55.070 RECORDS. (A)Registration cards. (1) Each operator shall complete and maintain a transient registration card for every transient that is provided lodging space in the operator’s hotel. At a minimum, transient registration cards shall list the following information: (a) The name of a person who will occupy, or who is entitled to occupy, the lodging space; (b) The total number of people who will occupy, or who are entitled to occupy, the lodging space; (c) The identification of the lodging space by number; (d) The date the occupancy will commence and the expected date of termination; and Packet Page 361 Transient Lodging Tax 95 (e) The room rental to be charged for the lodging space. (2) Transient registration cards shall bear consecutive numbers that shall be preprinted on the cards by a print shop or manufacturer of the cards. Voided cards shall be kept for audit purposes. (B)Daily summary sheets. (1) Each operator shall maintain a daily summary sheet for each day its hotel is open for business. (2) At a minimum, daily summary sheets shall contain the following information: (a) The name of a person who will occupy, or who is entitled to occupy, each lodging space that is provided to a customer that day; (b) The identification by number of each lodging space provided to a customer; (c) The daily room rental charge and amount paid for each lodging space provided to a transient; and (d) The number of the transient registration card applicable to each lodging space provided to a transient. § 3.55.080 HOTEL REGISTRATION. (A) Within 30 days after the effective date of the ordinance codified in this chapter, or within 30 days after commencing business, whichever is later, each operator of a hotel providing lodging space to transients shall register such hotel with the Department of Finance and Management Services. (B) Upon registration, the Department of Finance and Management Services shall issue the operator a “transient lodging registration certificate” that, at a minimum, states the following: (1) The name of the operator; (2) The address of the hotel; (3) The issuance date of the certificate; and (4) This transient lodging registration certificate signifies that the person named on the face thereof has fulfilled the requirements of this Transient Lodging Tax Ordinance by registering with the Department of Finance and Management Services for the purpose of collecting from transients the transient lodging tax and remitting said tax to the Department of Finance and Management Services. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all local applicable laws, including, but not limited to, those requiring a permit from any board, commission, department or office of this city. This certificate does not constitute a permit. (C) Each operator shall, at all times, conspicuously post its transient lodging certificate on the premises of its hotel. (Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 3.55.090 IMMEDIATE PAYMENT OF TAX ON CESSATION OF BUSINESS. Any operator who ceases providing lodging space to transients shall deliver to the Department of Finance and Management Services a final lodging information report and shall remit to the Department of Finance and Management Services any transient lodging tax owed the city. Such delivery and remittance shall be Packet Page 362 San Bernardino - Revenue and Finance96 performed within 25 days of the operator’s cessation of such activity. (Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 3.55.100 SALE OR OWNERSHIP TRANSFER OF HOTEL. If an operator sells or otherwise transfers ownership of its hotel, then the operator’s successor shall be responsible for remittance of any transient lodging tax and penalty owed by the operator to the city. § 3.55.110 LIENS. (A) The Department of Finance and Management Services shall periodically prepare for the Mayor and City Council a report showing: (1) Delinquent transient lodging taxes and penalties that have not been received by the city; and (2) The corresponding parcel number designations and addresses of the properties on which the hotels are operated. The Mayor and City Council shall consider such report and hear any objections thereto at a hearing for which no less than a ten-day advance written notice has been provided to the subject operators and property owners. The Mayor and City Council may modify the report as deemed necessary and shall confirm the final report by resolution. (B) The Department of Finance and Management Services shall file a certified copy of the confirmation resolution with the County Auditor, directing that the unpaid transient lodging taxes and penalties be entered as lien charges against the respective properties as they appear on the current assessment rolls. Liens will be collected at the same time and in the same manner, subject to the same penalties and interest upon delinquencies, as the general taxes for the city are collected. The Department of Finance and Management Services shall present for recording appropriate notices of the imposition of these liens with the County Recorder. (Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 3.55.120 ACTION TO COLLECT. (A)Responsibility for debt. Any transient lodging tax required to be paid by a transient under the provisions of this chapter shall constitute a debt owed by the transient to the city. Any such tax that has been collected by an operator but has not been paid to the city shall constitute a debt owed by the operator to the city. Any person owing money to the city under the provisions of this chapter shall be liable in an action brought in the name of the city for the recovery of such amount. (B)Obligation of operator. Each operator shall be obligated to pay to the city all transient lodging taxes actually collected, as well as the amount of any such taxes that were lawfully imposed but not collected by the operator. This obligation includes the duty to pay to the city all penalties and interest specified by law. § 3.55.130 RETENTION AND INSPECTION OF RECORDS. (A)Retention. Each operator shall retain, for no less than three years, the records required to be maintained by this chapter. The three-year period shall commence on the date of the deadline for remittance of the transient lodging tax to which the record pertains. (B)Inspection. City representatives may inspect, upon voluntary production by the operator or compelled production pursuant to subpoena, the records required to be maintained by this chapter. § 3.55.140 VIOLATION - PENALTY. (A) Any person who willfully violates this chapter shall be guilty of a misdemeanor. (B) Any person who knowingly makes any fraudulent representation on a document required by this chapter to be maintained or delivered to the city Packet Page 363 Transient Lodging Tax 97 shall be guilty of a misdemeanor. (C) Any person who willfully aids another person to violate division (B) above shall be guilty of a misdemeanor. (D) A prosecution for violation of this chapter shall be instituted within five years after the commissions of the offense, or within two years after the discovery of the violation, whichever is later. § 3.55.150 ENFORCEMENT - CITING AUTHORITY. It shall be the duty of the Department of Finance and Management Services, or its authorized representatives, to enforce the provisions of this chapter. The Director of Finance and Management Services, and his or her authorized representatives, are authorized and empowered to issue citations and notices to appear for violations of the provisions of this chapter. (Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 3.55.160 PREREQUISITE FOR SUIT. No suit or proceeding shall be maintained in any court for the recovery of any amount alleged to have been erroneously or illegally determined or collected unless a refund claim has been duly filed. § 3.55.170 AMENDMENTS. Any increase of the amount of the tax that is imposed by this chapter, which is set forth in § 3.55.020(A), shall be approved by a majority vote of the voters at an election, in accordance with applicable provisions of state law. Any other amendments to the provisions of this chapter shall be adopted by the CommonCity Council. § 3.55.180 SEVERABILITY. If any part or provision of this chapter is in conflict or inconsistent with applicable provisions of federal or state statutes, or is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this chapter shall not be affected thereby. (Ord. 2811, passed 4-11-1967; Ord. 3433, passed 6-24-1974; Ord. 3846, passed 7-11-1979; Ord. MC-288, passed 7-7-1983; Ord. MC-296, passed 8-3-1983; Ord. MC-376, passed 6-5-1984; Ord. MC-702, passed 1-27-1990; Ord. MC-732, passed 6-18-1990; Ord. MC-805, passed 9-18-1991; Ord. MC-1006, passed 11-18-1997; Ord. MC-1026, passed 7-23-1998; Ord. MC-1127, passed 7-16-2002) Packet Page 364 San Bernardino - Revenue and Finance98 Packet Page 365 CHAPTER 3.56: UNIFORM LOCAL SALES AND USE TAX Section 3.56.010 Short title 3.56.020 Purpose 3.56.030 Sales tax - imposition 3.56.040 Sales tax - adoption of state statutes 3.56.050 Sales tax - seller’s permit 3.56.060 Sales tax - exemptions 3.56.070 Use tax - imposition 3.56.080 Use tax - adoption of state statutes 3.56.090 Use tax - exemptions 3.56.100 Amendments 3.56.110 Enjoining collection forbidden Statutory reference: For provisions authorizing cities to impose sales and use taxes, see Cal. Gov’t Code, § 37101. For provisions on uniform local sales and use taxes, see Cal. Revenue and Taxation Code, §§ 7200 et seq. § 3.56.010 SHORT TITLE. The ordinance codified in this chapter shall be known as the “Uniform Local Sales and Use Tax Ordinance” of the city. (Ord. 2118, passed 5-31-1956) § 3.56.020 PURPOSE. The Mayor and CommonCity Council of the city declare that the ordinance codified in this chapter is adopted to achieve the following, among other purposes, and direct that the provisions hereof be interpreted in order to accomplish those purposes: (A) To adopt a sales and use tax ordinance which complies with the requirements and limitations contained in the Cal. Revenue and Taxation Code, Division 2, Part 1.5; (B) To adopt a sales and use tax ordinance which incorporates provisions identical to those of the sales and use tax law of the state insofar as those provisions are not inconsistent with the requirements and limitations contained in the Cal. Revenue and Taxation Code, Division 2, Part 1.5; (C) To adopt a sales and use tax ordinance which imposes a 1% tax and provides a measure therefor that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practical to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the state sales and use taxes; and (D) To adopt a sales and use tax ordinance which can be administered in a manner that will, to the degree possible consistent with the provisions of the said Cal. Revenue and Taxation Code, Division 2, Part 1.5, minimize the cost of collecting city sales and use taxes and at the same time minimize the burden of record-keeping upon persons subject to taxation under the provisions of this chapter. (Ord. 2118, passed 5-31-1956; Ord. 2592, passed 7-7-1964; Ord. 3529, passed 9-16-1975) § 3.56.030 SALES TAX - IMPOSITION. (A) For the privilege of selling tangible personal property at retail a tax is imposed upon retailers in the city at the rate of 1% of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in the city on and after the operative date of the ordinance codified in this chapter. 99 Packet Page 366 San Bernardino - Revenue and Finance100 (B) For the purposes of this chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his or her agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the state or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the Board of Equalization. (Ord. 2118, passed 5-31-1956; Ord. 2406, passed 12-19-1961; Ord. 3529, passed 9-16-1975) § 3.56.040 SALES TAX - ADOPTION OF STATE STATUTES. (A) Except as hereinafter provided, and except insofar as they are inconsistent with the provisions of the Cal. Revenue and Taxation Code, Division 2, Part 1.5, all of the provisions of Division 2, Part 1I of said Code, as amended and in force and effect on July 1, 1956, applicable to sales taxes are adopted and made a part of §§ 3.56.030 through 3.56.060 as though fully set forth in this section. (B) Wherever, and to the extent that, in the Cal. Revenue and Taxation Code, Division 2, Part 1I, the state is named or referred to as the taxing agency, the city shall be substituted therefor. Nothing in this division (B) shall be deemed to require the substitution of the name of the city for the word “state” when that word is used as part of the title of the State Controller, the State Treasurer, the State Board of Control, the State Board of Equalization or the name of the State Treasury, or of the Constitution of the state; nor shall the name of the city be substituted for that of the state in any section when the result of that substitution would require action to be taken by or against the city or any agency thereof, rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this chapter; and neither shall the substitution be deemed to have been made in those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the state, where the result of the substitution would be to provide an exemption from this tax with respect to certain gross receipts which would not otherwise be exempt from this tax while those gross receipts remain subject to tax by the state under the provisions of the Cal. Revenue and Taxation Code, Division 2, Part 1I; nor to impose this tax with respect to certain gross receipts which would not be subject to tax by the state under the provisions of that code, and, in addition, the name of the city shall not be substituted for that of the state in Cal. Revenue and Taxation Code, §§ 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 and 6828, as adopted. (Ord. 2118, passed 5-31-1956) § 3.56.050 SALES TAX - SELLER’S PERMIT. If a seller’s permit has been issued to a retailer under the Cal. Revenue and Taxation Code, § 6067, an additional seller’s permit shall not be required by reason of §§ 3.56.030 through 3.56.060. (Ord. 2118, passed 5-31-1956; Ord. 3378, passed 10-4-1973) § 3.56.060 SALES TAX - EXEMPTIONS. There shall be excluded from the gross receipts by which the tax is measured: (A) The amount of any sales or use tax imposed by the state upon a retailer or consumer; (B) The gross receipts from the sale of tangible personal property to operators of waterborne vessels to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the carriage of persons or property in such vessels for commercial purposes; and (C) The gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United Packet Page 367 Uniform Local Sales and Use Tax 101 States or any foreign government. (Ord. 2118, passed 5-31-1956; Ord. 3378, passed 10-4-1973; Ord. MC-326, passed 12-20-1983) § 3.56.070 USE TAX - IMPOSITION. An excise tax is imposed on the storage, use or other consumption in the city of tangible personal property purchased from any retailer on or after the operative date of the ordinance codified in this chapter for storage, use or other consumption in the city at the rate of 1% of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. (Ord. 2118, passed 5-31-1956; Ord. 3529, passed 9-16-1975) § 3.56.080 USE TAX - ADOPTION OF STATE STATUTES. (A) Except as hereinafter provided, and except insofar as they are inconsistent with the provisions of the Cal. Revenue and Taxation Code, Division 2, Part 1.5, all of the provisions of Part 1I of Division 2 of said Code as amended and in force and effect on July 1, 1956, applicable to use taxes are adopted and made a part of §§ 3.56.070 through 3.56.090 as though fully set forth in this section. (B) Wherever, and to the extent that, in the Cal. Revenue and Taxation Code, Division 2, Part 1I, the state is named or referred to as the taxing agency, the name of this city shall be substituted therefor. Nothing in this division (B) shall be deemed to require the substitution of the name of this city for the word “state” when that word is used as part of the title of the State Controller, the State Treasurer, the State Board of Control, the State Board of Equalization or the name of the State Treasury, or of the Constitution of the state; nor shall the name of the city be substituted for that of the state in any section when the result of that substitution would require action to be taken by or against the city or any agency thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this chapter; and neither shall the substitution be deemed to have been made in those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the state, where the result of the substitution would be to provide an exemption from this tax with respect to certain storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such storage, use or other consumption remains subject to tax by the state under the provisions of the Cal. Revenue and Taxation Code, Division 2, Part 1I, or to impose this tax with respect to certain storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the provisions of that code, and in addition, the name of the city shall not be substituted for that of the state in the Cal. Revenue and Taxation Code, §§ 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 and 6828 as adopted, and the name of the city shall not be substituted for the word “state” in the phrase “retailer engaged in business in this state” in § 6203 nor in the definition of that phrase in § 6203. (Ord. 2118, passed 5-31-1956; Ord. 2406, passed 12-19-1961) § 3.56.090 USE TAX - EXEMPTIONS. There shall be exempt from the tax due under this section: (A) The amount of any sales or use tax imposed by the state upon a retailer or consumer; (B) The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to sales tax under a sales and use tax ordinance enacted in accordance with the Cal. Revenue and Taxation Code, Division 2, Part 1.5, by any city and county, county or city in this state; (C) The storage, use or other consumption of tangible personal property purchased by operators of waterborne vessels and used or consumed by such operators directly and exclusively in the carriage of persons or property in such vessels for commercial purposes; and Packet Page 368 San Bernardino - Revenue and Finance102 (D) In addition to the exemptions provided in the Cal. Revenue and Taxation Code, §§ 6366 and 6366.1, the storage, use or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States or any foreign government. (Ord. 2118, passed 5-31-1956; Ord. 3378, passed 10-4-1973; Ord. MC-326, passed 12-20-1983) § 3.56.100 AMENDMENTS. All amendments of the California Revenue and Taxation Code enacted subsequent to the effective date of the ordinance codified in this chapter which relate to the sales and use tax and which are not inconsistent with the Cal. Revenue and Taxation Code, Division 2, Part 1.5 shall automatically become a part of this chapter. (Ord. 2118, passed 5-31-1956) § 3.56.110 ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the state or this city, or against any officer of the state or this city, to prevent or enjoin the collection under this chapter, or the Cal. Revenue and Taxation Code, Division 2, Part 1.5, of any tax or any amount of tax required to be collected. (Ord. 2118, passed 5-31-1956) Cross-reference: For the State Cigarette Tax Law, see Cal. Revenue and Taxation Code, §§ 30001 et seq. Packet Page 369 CHAPTER 3.57: TRANSACTIONS AND USE TAX Section 3.57.010 Purpose 3.57.020 Contract with state 3.57.030 Transactions tax rate 3.57.040 Place of sale 3.57.050 Use tax rate 3.57.060 Adoption of provisions of state law 3.57.070 Limitations on adoption of state law and collection of use taxes 3.57.080 Permit not required 3.57.090 Exemptions and exclusions 3.57.100 Amendments 3.57.110 Enjoining collection forbidden 3.57.120 Duration of tax § 3.57.010 PURPOSE. The ordinance incorporated in this chapter is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: (A) To impose a retail transactions and use tax in accordance with the provisions of the Cal. Revenue and Taxation Code, Division 2, Part 1.6 (commencing with § 7251) and Division 2, Part 1.7, § 7285.9 which authorizes the city to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose; (B) To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the sales and use tax law of the state insofar as those provisions are not inconsistent with the requirements and limitations contained in the Cal. Revenue and Taxation Code, Division 2, Part 1.6; (C) To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the State Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Department of Tax and Fee Administration in administering and collecting the state sales and use taxes; and (D) To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of the Cal. Revenue and Taxation Code, Division 2, Part 1.6, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record-keeping upon persons subject to taxation under the provisions of this chapter. (Ord. MC-1551, passed 12-7-2020) § 3.57.020 CONTRACT WITH STATE. Prior to the operative date, the city shall contract with the State Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided that if the city shall not have contracted with the State Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. (Ord. MC-1551, passed 12-7-2020) § 3.57.030 TRANSACTIONS TAX RATE. For the privilege of selling tangible personal 103 Packet Page 370 San Bernardino - Revenue and Finance104 property at retail, a tax is imposed upon all retailers in the incorporated territory of the city at the rate of 1% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this chapter. (Ord. MC-1551, passed 12-7-2020) § 3.57.040 PLACE OF SALE. For the purposes of this chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his or her agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the state or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Department of Tax and Fee Administration. (Ord. MC-1551, passed 12-7-2020) § 3.57.050 USE TAX RATE. An excise tax is imposed on the storage, use or other consumption in the city of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 1% of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. (Ord. MC-1551, passed 12-7-2020) § 3.57.060 ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in this chapter and except insofar as they are inconsistent with the provisions of the Cal. Revenue and Taxation Code, Division 2, Part 1.6, all of the provisions of the Cal. Revenue and Taxation Code, Division 2, Part 1 (commencing with § 6001) are adopted and made a part of this chapter as though fully set forth herein. (Ord. MC-1551, passed 12-7-2020) § 3.57.070 LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES. In adopting the provisions of the Cal. Revenue and Taxation Code, Division 2, Part 1: (A) Wherever the state is named or referred to as the taxing agency, the name of this city shall be substituted therefor. However, the substitution shall not be made when: (1) The word “state” is used as a part of the title of the State Controller, State Treasurer, California Victim Compensation Board, California Department of Tax and Fee Administration, State Treasury or the California Constitution; (2) The result of that substitution would require action to be taken by or against this city or any agency, officer or employee thereof rather than by or against the State Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this chapter; (3) In those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the state, where the result of the substitution would be to: (a) Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the state under the provisions of the Cal. Revenue and Taxation Code, Division 2, Part 1; or (b) Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that Packet Page 371 Transactions and Use Tax 105 code. (4) In reference to the Cal. Revenue and Taxation Code, §§ 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828. (B) (1) The word “city” shall be substituted for the word “state” in the phrase “retailer engaged in business in this state” in the Cal. Revenue and Taxation Code, § 6203 and in the definition of that phrase in § 6203. (2) “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the state by the retailer and all persons related to the retailer that exceeds $500,000. For purposes of this section, a person is related to another person if both persons are related to each other pursuant to 26 U.S.C. § 267(b) and the regulations thereunder. (Ord. MC-1551, passed 12-7-2020) § 3.57.080 PERMIT NOT REQUIRED. If a seller’s permit has been issued to a retailer under the Cal. Revenue and Taxation Code, § 6067, an additional transactor’s permit shall not be required by this chapter. (Ord. MC-1551, passed 12-7-2020) § 3.57.090 EXEMPTIONS AND EXCLUSIONS. (A) There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the state or by any city, city and county, or county pursuant to the Bradley-Bums Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax. (B) There are exempted from the computation of the amount of transactions tax the gross receipts from: (1) Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this state, the United States or any foreign government; (2) Sales of property to be used outside the city which is shipped to a point outside the city, pursuant to the contract of sale, by delivery to such point by the retailer or his or her agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this division (B)(2), delivery to a point outside the city shall be satisfied: (a) With respect to vehicles (other than commercial vehicles) subject to registration pursuant to the Cal. Vehicle Code, Division 3, Chapter 1 (commencing with § 4000), aircraft licensed in compliance with the Cal. Public Utilities Code, § 21411 and undocumented vessels registered under of the Cal. Vehicle Code, Division 3.5 (commencing with § 9840), by registration to an out-of-city address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and (b) With respect to commercial vehicles, by registration to a place of business out-of-city and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. (3) The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this chapter; (4) A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this chapter; and (5) For the purposes of divisions (B)(3) and (B)(4) above, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional Packet Page 372 San Bernardino - Revenue and Finance106 right to terminate the contract or lease upon notice, whether or not such right is exercised. (C) There are exempted from the use tax imposed by this chapter, the storage, use or other consumption in this city of tangible personal property: (1) The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance; (2) Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States or any foreign government. This exemption is in addition to the exemptions provided in the Cal. Revenue and Taxation Code, §§ 6366 and 6366.1; (3) If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this chapter; (4) If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this chapter; (5) For the purposes of divisions (C)(3) and (C)(4) above, storage, use or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised; (6) Except as provided in division (C)(7) below, a retailer engaged in business in the city shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the city or participates within the city in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the city or through any representative, agent, canvasser, solicitor, subsidiary or person in the city under the authority of the retailer; and (7) “A retailer engaged in business in the city” shall also include any retailer of any of the following: vehicles subject to registration pursuant to the Cal. Vehicle Code, Division 3, Chapter 1 (commencing with § 4000); aircraft licensed in compliance with the Cal. Public Utilities Code, § 21411; or undocumented vessels registered under the Cal. Vehicle Code, Division 3.5 (commencing with § 9840). That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel or aircraft at an address in the city. (D) Any person subject to use tax under this chapter may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to the Cal. Revenue and Taxation Code, Division 2, Part 1.6, with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax. (Ord. MC-1551, passed 12-7-2020) § 3.57.100 AMENDMENTS. All amendments subsequent to the effective date of this chapter to the Cal. Revenue and Taxation Code, Division 2, Part 1, relating to sales and use taxes and which are not inconsistent with the Cal. Revenue and Taxation Code, Division 2, Part 1.6 and 1.7, and all amendments to the Cal. Revenue and Taxation Code, Division 2, Part 1.6 and 1.7, shall automatically become a part of this chapter; provided, however, that no such amendment shall operate so as to affect the rate of tax imposed by this chapter. (Ord. MC-1551, passed 12-7-2020) § 3.57.110 ENJOINING COLLECTION FORBIDDEN. Packet Page 373 Transactions and Use Tax 107 No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the state or the city, or against any officer of the state or the city, to prevent or enjoin the collection under this chapter, or the Cal. Revenue and Taxation Code, Division 2, Part 1.6, of any tax or any amount of tax required to be collected. (Ord. MC-1551, passed 12-7-2020) § 3.57.120 DURATION OF TAX. The tax imposed by this chapter shall continue until this chapter is repealed. (Ord. MC-1551, passed 12-7-2020) Packet Page 374 San Bernardino - Revenue and Finance108 Packet Page 375 CHAPTER 3.60: CIGARETTE TAX (Repealed by Ord. MC-1484, passed 4-18-2018) Statutory reference: For the State Cigarette Tax Law, see Cal. Revenue and Taxation Code, §§ 30001 et seq. 109 Packet Page 376 San Bernardino - Revenue and Finance110 Packet Page 377 CHAPTER 3.64: TAX ON PARKING AND BUSINESS IMPROVEMENT AREA Section 3.64.010 Parking and business improvement area 3.64.020 Rates 3.64.030 Proposed uses for proceeds 3.64.040 Collection 3.64.050 Special fund 3.64.060 Issuance of business license - payment of assessment required 3.64.070 Delinquency - assessment of penalties § 3.64.010 PARKING AND BUSINESS IMPROVEMENT AREA. (A) The Mayor and City Council may establish, by ordinance, in accordance with state law, one or more parking and business improvement areas within boundaries as described in the ordinance. (B) There may be imposed upon each type of business, including any profession, conducted within said parking and business improvement area, an annual assessment after formation, in addition to the tax imposed upon such business pursuant to the business licensing provisions of this municipal code. Such additional assessment shall be imposed at the rates set forth in the enacting ordinance for the specified classifications regardless of whether the business is taxed upon a flat rate or gross receipts or other basis, and reassessed annually as required by state law. Such additional assessment shall be imposed upon each business in accordance with the classifications set forth in Chapter 5.04. (Ord. 2711, passed 12-14-1965; Ord. 3292, passed 9-25-1972; Ord. MC-1484, passed 4-18-2018) § 3.64.020 RATES. Rates for such assessments in addition to business license taxes shall be established in the ordinance creating each specific parking and business improvement area, based upon the classifications specified in Chapter 5.04. (Ord. 2711, passed 12-14-1965; Ord. 2730, passed 3-15-1966; Ord. MC-1099, passed 7-9-2001; Ord. MC-1484, passed 4-18-2018) § 3.64.030 PROPOSED USES FOR PROCEEDS. The proposed uses to which the proceeds obtained from the additional assessments on businesses within the specific area shall be put are: (A) The acquisition, construction and maintenance of parking facilities for the benefit of the area; (B) Decoration of any public place in the area; (C) Promotion of public events which are to take place on or in public places in the area; (D) Furnishing of music in any public place in the area; and (E) The general promotion of retail trade activities in the area. (Ord. 3293, passed 9-25-1972; Ord. MC-1484, passed 4-18-2018) § 3.64.040 COLLECTION. (A) The collection of the additional tax from any business in the area shall be made at the same time and 111 Packet Page 378 San Bernardino - Revenue and Finance112 in the same manner as any other business license tax is collected, and the cost of the collection may be paid from the proceeds obtained from the additional tax or penalties imposed thereunder. (B) All monies and revenue collected pursuant to this chapter and the applicable enacting ordinance shall be deposited in the General Fund, to be transferred from the General Fund to the applicable Parking and Business Improvement Fund as provided in § 3.64.050. (Ord. 3292, passed 9-25-1972; Ord. MC-1484, passed 4-18-2018) § 3.64.050 SPECIAL FUND. A special fund designated as the Parking and Business Improvement Fund is created. If more than one parking and business improvement area is created in the city, a special fund shall be designated for each such area by name. All monies and revenue collected pursuant to this chapter shall be deposited in the General Fund, and the Department of Finance and Management Services will prepare monthly a statement showing the monies collected and to be transferred from the General Fund to each specific Parking and Business Improvement Fund. (Ord. 2711, passed 12-14-1965; Ord. 3212, passed 11-16-1971; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 3.64.060 ISSUANCE OF BUSINESS LICENSE - PAYMENT OF ASSESSMENT REQUIRED. (A) No business license shall be issued to any business within the boundaries of the area pursuant to Chapter 5.04, unless the assessment imposed by the enacting ordinance is paid together with the business license tax payable pursuant to Chapter 5.04. (B) Any person, firm or corporation operating or carrying on a business as provided for in this section shall be subject to all penalties, both civil and criminal, as are provided therefor in Chapter 5.04 and Cal. Business and Professions Code, § 16240 for operating a business without a valid business license. (Ord. MC-1484, passed 4-18-2018) § 3.64.070 DELINQUENCY - ASSESSMENT OF PENALTIES. (A) The time of delinquency for the assessment of penalties for all assessments covered by this chapter shall be the same as set forth in § 5.04.075 for the business license tax. (B) Payments of the assessment which are received in the Department of Finance and Management Services after the applicable delinquent dates, or bearing a postmark after said dates, as set forth in § 5.04.075, shall be deemed delinquent and subject to penalty assessment. (C) For failure to pay the assessment on or before the start of business, or for failure to pay the assessment before the applicable delinquent date, there is imposed a penalty of 50% of the assessment. An additional penalty of 50% of the assessment shall be imposed on the last day of the third consecutive month of delinquency. Such penalties shall be added to the assessment due. (Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) Packet Page 379 Tax on Parking and Business Improvement Area 113 Packet Page 380 San Bernardino - Revenue and Finance114 Packet Page 381 CHAPTER 3.68: ASSESSMENTS FOR NUISANCE ABATEMENT (Repealed by Ord. MC-1418, passed 10-5-2015) 115 Packet Page 382 San Bernardino - Revenue and Finance116 Packet Page 383 CHAPTER 3.70: FEES SET BY RESOLUTION Section 3.70.010 Fees set by resolution § 3.70.010 FEES SET BY RESOLUTION. Except as otherwise required by law and notwithstanding provisions of this code to the contrary, all fees provided for by this code or hereafter established shall be set by resolution of the Mayor and CommonCity Council and any contrary or conflicting fees set forth in this code shall thereafter be disregarded. (Ord. MC-745, passed 10-8-1990) 117 Packet Page 384 San Bernardino - Revenue and Finance118 Packet Page 385 CHAPTER 3.72: USER FEES FOR EMERGENCY MEDICAL SERVICES Section 3.72.010 Authority to render emergency medical services 3.72.020 User fees § 3.72.010 AUTHORITY TO RENDER EMERGENCY MEDICAL SERVICES. The Fire Suppression Division of the City Fire Department, when called upon by citizens of the community, shall respond to emergency medical incidents and render emergency medical care and lifesaving measures in accordance with the emergency medical standards established by the county health officer. (Ord. MC-760, passed 11-27-1990) § 3.72.020 USER FEES. (A) Any person receiving emergency medical services of the city shall be charged a user fee, as established by resolution of the Mayor and CommonCity Council. (B) User fees shall be charges designed to recover costs associated with the delivery of paramedic services, and shall be in two tiers: (1) Emergencies requiring basic life support services by City Fire Department paramedics or emergency medical technicians; and (2) Emergencies requiring advanced life support services by City Fire Department paramedics. (C) A voluntary “membership fee” shall be offered to residents of the city for the purpose of assuring members that the membership prepays any insurance deductible for City Fire Department emergency medical services. (D) Residents participating in the voluntary membership fee program shall provide to the city information to enable the city to file claims against their insurance providers, if any, for the user fees. Any payment made by a member’s insurance provider shall be deemed payment in full, and the member shall incur no further direct personal liability for said user fees. (E) A charge for delinquent payment of fees for services is authorized, to be set by resolution of the Mayor and CommonCity Council. (F) Verification of membership and/or ability to pay shall not occur at the scene of any emergency. (G) No emergency medical services shall be denied or delayed to anyone on the basis of inability to pay or to provide evidence of membership. (Ord. MC-760, passed 11-27-1990) 119 Packet Page 386 San Bernardino - Revenue and Finance120 Packet Page 387 CHAPTER 3.73: USER FEES FOR VIDEO PRODUCTION SERVICES Section 3.73.010 Authority to contract for production services 3.73.020 User fees § 3.73.010 AUTHORITY TO CONTRACT FOR PRODUCTION SERVICES. The Telecommunications Division of the city may enter into an agreement to provide video production services which shall be executed by the City Administrator. (Ord. MC-824, passed 3-17-1992) § 3.73.020 USER FEES. (A) Any individual, agency or organization contracting for video production services shall be charged a user fee, as established by resolution of the Mayor and CommonCity Council. (B) User fees shall be charges designed to recover costs associated with the delivery of production services. (C) User may be required to pay a non-refundable deposit of costs as set by resolution of the Mayor and CommonCity Council and as described in the production agreement. Balance of payment shall be due within ten days of service completion. (D) A charge for delinquent payment of fees for services is authorized, to be set by resolution of the Mayor and CommonCity Council. (Ord. MC-824, passed 3-17-1992) 121 Packet Page 388 San Bernardino - Revenue and Finance122 Packet Page 389 CHAPTER 3.75: DRAINAGE FACILITIES; PUBLIC UTILITIES Section 3.75.010 Drainage facilities; public utilities 3.75.020 Utility fees § 3.75.010 DRAINAGE FACILITIES; PUBLIC UTILITIES. Pursuant to the authority of Cal. Public Utilities Code, § 10001 and the City Charter, all publicly owned drainage facilities in the city are declared to be public utilities. (Ord. MC-828, passed 4-7-1992) § 3.75.020 UTILITY FEES. The Mayor and CommonCity Council may, from time to time, by resolution, adopt monthly utility drainage service fees, relating to the operation and maintenance of such drainage facilities. (Ord. MC-828, passed 4-7-1992) 123 Packet Page 390 San Bernardino - Revenue and Finance124 Packet Page 391 CHAPTER 3.80: COST RECOVERY SYSTEM FOR BOOKING FEE COLLECTIONS Section 3.80.010 Authority and scope 3.80.020 Purpose 3.80.030 Definitions 3.80.040 Method of assessing amount of fees 3.80.050 Amount of fees collected 3.80.060 Severability § 3.80.010 AUTHORITY AND SCOPE. This chapter is adopted pursuant to Cal. Gov’t Code, §§ 29550.129550 et seq. as the same may now exist or hereafter be amended. (Ord. MC-1002, passed 9-15-1997) § 3.80.020 PURPOSE. The proceeds from this program shall be used to reimburse the city’s General Fund for costs charged by the county for the booking or other processing of persons arrested and other costs incurred in connection therewith. (Ord. MC-1002, passed 9-15-1997) § 3.80.030 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CITY. The City of San Bernardino. COUNTY. The County of San Bernardino. (Ord. MC-1002, passed 9-15-1997) § 3.80.040 METHOD OF ASSESSING AMOUNT OF FEES. Pursuant to Cal. Gov’t Code, § 29550.1, the city shall charge a fee equal to the fee assessed by the county to the city for the booking or other processing of persons arrested, at the request of the city, to the person arrested, if that person is convicted of a criminal offense related to said arrest. (Ord. MC-1002, passed 9-15-1997) § 3.80.050 AMOUNT OF FEES COLLECTED. Fees collected shall be limited to those provided under Cal. Gov’t Code, §§ 29550.1 et seq. The actual cost of recovery over and above the criminal justice administrative fees shall be charged to the person convicted if applicable. (Ord. MC-1002, passed 9-15-1997) § 3.80.060 SEVERABILITY. In any section, division, part, clause, sentence or phrase of this chapter or the application thereof is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the validity of the remaining portions of this chapter, the application thereof and the fee imposed shall not be effected thereby but shall remain in full force and effect, it being the intention of the City Council to adopt each and every section, division, part, clause, sentence or phrase regardless of whether any other section, division, part, clause, sentence or phrase or the application thereof if held to be invalid or 125 Packet Page 392 San Bernardino - Revenue and Finance126 unconstitutional. (Ord. MC-1002, passed 9-15-1997) Packet Page 393 TITLE 4: RESERVED [Reserved] 1 Packet Page 394 San Bernardino - Reserved2 Packet Page 395 TITLE 5: BUSINESS REGISTRATION AND REGULATIONS Chapter ARTICLE I. GENERAL PROVISIONS 5.04. GENERAL PROVISIONS AND RATES 5.05. MEDICAL MARIJUANA DISPENSARIES 5.08. RESERVED 5.10. COMMERCIAL CANNABIS ACTIVITIES 5.12. RESERVED 5.14. ENTERTAINMENT - DANCES AND ADULT ENTERTAINMENT 5.16. FIRE, REMOVAL OR CLOSING-OUT SALES 5.18. CANNABIS BUSINESS TAX 5.19. PEDDLING AND SOLICITING 5.20. MASSAGE PARLORS - MASSAGISTS 5.22. OUTDOOR SALES AND DISPLAYS 5.24. TRANSPORTING PERSONS FOR HIRE 5.26. SHOPPING CARTS ARTICLE II. SPECIFIC BUSINESSES 5.28. AUTOMOBILE WRECKERS 5.30. SIDEWALK VENDING 5.32. BILLIARD ROOMS AND POOLROOMS 1 Packet Page 396 San Bernardino - Business Registration and Regulations2 5.36. BINGO GAMES 5.40. CHARITABLE AND RELIGIOUS SOLICITATIONS IN CENTRAL CITY MALL 5.42. OUTDOOR ENTERTAINMENT 5.44. COIN-OPERATED GAME MACHINES 5.48. RESERVED 5.52. ESCORT BUREAUS 5.56. JUNK AND SECONDHAND DEALERS 5.60. MOTOR BUSES 5.64. MOTOR FUEL SALES 5.68. PERSONAL PROPERTY SALES 5.72. SATELLITE HORSE RACE WAGERING 5.76. TAXICABS AND NON-EMERGENCY MEDICAL VEHICLES 5.80. THEATERS - MOTION PICTURE AND ELECTRICAL EQUIPMENT 5.82. OPERATOR PERMIT REGULATIONS 5.84. ENFORCEMENT - CITING AUTHORITY Packet Page 397 ARTICLE I: GENERAL PROVISIONS CHAPTER 5.04: GENERAL PROVISIONS AND RATES Section 5.04.005 Registration certificate 5.04.010 Fee - deemed debt 5.04.015 Business registration certificate - application - issuance 5.04.020 Registration certificate issuance - non-transferable 5.04.021 Information confidential 5.04.025 Business registration certificate - other permits required 5.04.026 Transfers of stock or partnership interest 5.04.030 Business registration certificate fees - payable in advance 5.04.033 Refund of unused business registration certificate 5.04.035 Certificate - posting 5.04.040 Constitutional apportionment 5.04.045 Reserved 5.04.050 Transacting business without registration certificate 5.04.051 Advertising 5.04.055 Fees based on gross receipts 5.04.060 Gross receipts - defined 5.04.063 Gross - work outside city 5.04.065 Gross receipts - business younger than six months 5.04.070 Examination, audit and inspection of financial books and records 5.04.071 Failure to file statement 5.04.075 Penalties for delinquencies 5.04.076 Assessments; delinquent registrations; liens 5.04.085 Payment of fees 5.04.090 Liquor or intoxicating liquor defined 5.04.095 Real estate business 5.04.100 Reserved 5.04.110 Advertising - distributing samples, handbills or dodgers 5.04.115 Reserved 5.04.120 Reserved 5.04.123 Reserved 5.04.125 Auctions 5.04.130 Reserved 5.04.135 Reserved 5.04.140 Billiard or poolroom 5.04.145 Reserved 5.04.150 Vending machine sales and automatic weighing devices 5.04.155 Bowling alley 5.04.160 Temporary boxing, wrestling or athletic exhibition 5.04.165 Reserved 5.04.170 Reserved 5.04.175 Reserved 5.04.180 Reserved 5.04.185 Reserved 5.04.190 Reserved 5.04.195 Reserved 5.04.200 Commission merchant or broker - broker for stocks or bonds 5.04.205 Reserved 5.04.210 Residential and commercial cleaning 5.04.215 Reserved 5.04.220 Reserved 5.04.225 Reserved 5.04.235 Reserved 5.04.240 Reserved 5.04.245 Exhibitions in theaters or temporary places 5.04.250 Reserved 5.04.255 Reserved 5.04.260 Reserved 5.04.265 Fire sale, bankrupt or wreck sale 3 Packet Page 398 San Bernardino - Business Registration and Regulations4 5.04.270 Reserved 5.04.275 Game tables, machines or devices 5.04.280 Hobby horse machines 5.04.285 Music tables, machines or devices 5.04.290 Notice to City Clerk of table locations 5.04.295 Coin-operated game machines 5.04.300 Reserved 5.04.305 Reserved 5.04.310 Dog kennel 5.04.315 Junk dealer 5.04.320 Reserved 5.04.325 Reserved 5.04.330 Reserved 5.04.335 Massage parlor 5.04.340 Messenger service 5.04.345 Private patrol system, armored car service and private police system 5.04.350 Pawnbroker 5.04.355 Fortune telling 5.04.360 Soliciting, selling, advertising and begging 5.04.365 Reserved 5.04.370 Seller from booth or/stand - peddler, flags, banners, balloons, toys, food and confections 5.04.375 Peddler or solicitor - foodstuffs 5.04.380 Reserved 5.04.385 Christmas tree sales 5.04.390 Reserved 5.04.395 Reserved 5.04.400 Reserved 5.04.405 Reserved 5.04.410 Reserved 5.04.415 Cesspool pumping, collection of rubbish and waste material 5.04.420 Collection agency 5.04.425 Reserved 5.04.430 Reserved 5.04.445 Reserved 5.04.450 Reserved 5.04.455 Reserved 5.04.460 Reserved 5.04.465 Reserved 5.04.470 Reserved 5.04.475 Reserved 5.04.480 Reserved 5.04.485 Reserved 5.04.490 Reserved 5.04.495 Transient merchants/vendors and temporary businesses prohibited 5.04.496 Property owner responsibility for transient merchants/vendors and temporary businesses 5.04.497 Seizure; hearing 5.04.498 Penalty 5.04.499 Severability 5.04.500 Swap meet 5.04.504 Telephone solicitation; telemarketing 5.04.505 Reserved 5.04.507 Reserved 5.04.510 Reserved 5.04.515 Reserved 5.04.520 Vehicles for hire 5.04.525 Fees based on gross receipts 5.04.526 Increased cost of municipal services 5.04.540 Street benches - liability policy required 5.04.545 Construction business - contractors 5.04.550 Reserved 5.04.555 Reserved 5.04.560 Painting of house numbers 5.04.565 Reserved 5.04.570 Reserved 5.04.575 Certificates for businesses not otherwise covered by article 5.04.580 Reserved 5.04.585 Reserved 5.04.590 Reserved 5.04.595 Solicitors 5.04.605 Reserved 5.04.610 Determination of fee when two businesses involved 5.04.615 Separate certificates for separate locations 5.04.620 Fee for vehicles used in conducting business 5.04.625 Applicability of chapter to exempt persons 5.04.626 Exemption - veterans 5.04.630 Applicability of chapter to non-profit organizations Packet Page 399 General Provisions and Rates 5 5.04.635 Reserved 5.04.640 Applicability of criminal and regulatory procedures 5.04.645 Fees for revenue purposes 5.04.650 Suspension, cancellation or revocation of certificates 5.04.655 Duty of auditor 5.04.660 Reserved § 5.04.005 REGISTRATION CERTIFICATE. It is unlawful for any person, whether as principal or agent, clerk or employee, either for himself or herself or for any other person, or for any body corporate, or as an officer of any corporation, or otherwise, to commence or carry on any business, show, exhibition or game, specified in this article, in the city, without first having procured a registration certificate from the city and without complying with any and all regulations of such business, show, exhibition or game contained in this article; and the carrying on of any business, show, exhibition or game mentioned in this article without first having procured a registration certificate from the city, and without complying with any and all regulations of such business, show, exhibition or game contained in this article shall constitute a separate violation of this article for each and every day that such business, show, exhibition or game is so carried on. (Ord. 763, passed 3-2-1920; Ord. MC-817, passed 1-7-1992; Ord. MC-1039, passed 1-12-1999) § 5.04.010 FEE - DEEMED DEBT. The amount of any fee imposed by this article shall be deemed as debt to the city; and any person, firm or corporation carrying on any business, show, exhibition or game mentioned in this article without having a business registration certificate from the city shall be liable to an action in the name of the city in any court of competent jurisdiction, for the amount of the fee imposed by this article on such business, show, exhibition or game. (Ord. 763, passed 3-2-1920; Ord. MC-817, passed 1-7-1992) § 5.04.015 BUSINESS REGISTRATION CERTIFICATE - APPLICATION - ISSUANCE. (A) Before any business registration certificate is issued to any person, firm or corporation, such person, firm or corporation shall make written application therefor to the City Clerk; such application must state the nature or kind of business, show, exhibition or game for which the registration certificate is required; the place where such business, show, exhibition or game will be carried on or conducted; the name of the owner of the business, show, exhibition or game; and must be signed by the applicant. In cases where such business, show, exhibition or game is not to be conducted or carried on at a permanent place of business in the city, then such application shall state the residence of the owners of such business, show, exhibition or game. (B) No registration certificate shall be issued to any corporation unless its articles of incorporation, or a certified copy thereof, are filed in the office of the County Clerk or in the office of the City Clerk. (C) No registration certificate shall be issued to any person, firm or partnership conducting or carrying on any business, show, exhibition or game, under a fictitious name, unless an affidavit is filed in the office of the County Clerk or in the office of the City Clerk showing the true names of the owners of such business; provided, however, such certificate may be issued in the true names of the owners of such business, show, exhibition or game without the filing of such affidavit. (D) (1) The determination of which business or type or class of business a business registration certificate holder or an applicant is engaged in shall be an administrative function of the City Clerk. (2) If a business registration certificate holder or an applicant believes that his or her business is not assigned to the proper classification under this chapter because of circumstances peculiar to it, as distinguished from other businesses of the same kind, he or she may apply in writing to the City Clerk for reclassification. The application shall contain such information as the City Clerk deems necessary in order to determine whether the applicant’s individual Packet Page 400 San Bernardino - Business Registration and Regulations6 business is properly classified. (3) The City Clerk shall then conduct an investigation following which he or she shall assign the applicant’s individual business to the classification shown to be proper on the basis of the investigation. The proper classification is the classification which, in the opinion of the City Clerk, most nearly fits the applicant’s individual business. The City Clerk shall notify the applicant of the action taken on the application for reclassification. Such notice shall be given by serving it personally or by depositing it in the United States Post Office at San Bernardino, California, postage prepaid, addressed to the applicant at his or her last known address. (E) Each new or renewal business registration application shall be accompanied by a non-refundable application processing fee established by resolution of the Mayor and CommonCity Council which shall be no more than necessary to cover the costs of processing. This fee shall be in addition to the business registration fee and shall not be prorated. Daily and monthly business registration applications shall be exempt from this requirement. (Ord. 763, passed 3-2-1920; Ord. MC-817, passed 1-7-1992; Ord. MC-935, passed 4-18-1995; Ord. MC-1272, passed 6-3-2008) § 5.04.020 REGISTRATION CERTIFICATE ISSUANCE - NON-TRANSFERABLE. (A) Upon application therefor as provided in § 5.04.015, it shall be the duty of the City Clerk to prepare and issue a business registration certificate hereunder, and to state in each certificate the amount thereof; the period of time covered thereby; the name of the person, firm or corporation to whom issued; the business, show, exhibition or game registered; and the location or place of business where such business, show, exhibition or game is to be carried on. (B) No certificate granted or issued under any provision of this article shall be transferred or assigned in any manner, nor is any person, firm or corporation other than mentioned or named therein authorized to do business without the written consent of the City Clerk endorsed thereon. At the time any such business is assigned or transferred, the person applying for such transfer shall make application for a registration certificate as provided in § 5.04.015, and shall pay a transfer fee of $5 to the City Clerk. In the event a business location or mailing address is changed, the certificate holder shall notify the City Clerk of such change and pay a fee of $5. (C) The City Clerk shall make a charge of $0.50 for each duplicate certificate issued to replace any certificate issued under the provisions of this article which has been lost or destroyed, in no case shall any mistake made by the City Clerk in stating the amount of a fee prevent or prejudice the collection by the city of what shall be actually due from anyone carrying on a business, show, exhibition or game subject to a registration certificate under this chapter. (Ord. 763, passed 3-2-1920; Ord. MC-302, passed 9-7-1983; Ord. MC-817, passed 1-7-1992) § 5.04.021 INFORMATION CONFIDENTIAL. (A) It shall be unlawful for the City Clerk or any person having an administrative duty under the provisions of this chapter to make known, in any manner whatever, the business affairs, operations or information obtained by an investigation of records and equipment of any person required to pay the registration certificate fee, or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular thereof, set forth in any statement or application, or to permit any statement or application, or copy of either, in any book containing any abstract or particulars thereof to be seen or examined by any person. (B) Nothing in this section shall be construed to prevent: (1) The disclosure to, or the examination of records and equipment by, another city official, employee or agent for collection of registration certificate fees for the sole purpose of administering or enforcing any provisions of this chapter, or collecting registration certificate fees imposed hereunder; (2) The disclosure of information to, or the Packet Page 401 General Provisions and Rates 7 examination of records by, federal or state officials, or the tax officials of another city or county, or city and county, if a reciprocal arrangement exists, or to a grand jury or court of law, upon subpoena; (3) The disclosure of information and results of examination of records of particular certificate holders, or relating to particular certificate holders, to a court of law in a proceeding brought to determine the existence or amount of any registration certificate fee liability of the particular certificate holder to the city; (4) The disclosure, after the filing of a written request to that effect, to a certificate holder, or to his or her successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, of information as to the items included in the measure of any paid fee, any unpaid registration certificate fee or amounts of fees required to be collected, interest and penalty; provided, however, that the City Attorney approve each such disclosure and that the City Clerk may refuse to make any disclosure referred to in this division (B)(4) when, in his or her opinion, the public interest would suffer thereby; (5) The disclosure of the names and addresses of persons to whom certificates have been issued, and the general type or nature of their business; (6) The disclosure by way of public meeting or otherwise of such information as may be necessary to the Mayor and CommonCity Council in order to permit it to be fully advised as to the facts when a certificate holder files a claim for refund of registration certificate fees, or submits an offer of compromise with regard to a claim asserted against him or her by the city for registration certificate fees, or when acting upon any other matter; and (7) The disclosure of general statistics regarding fees collected or business done in the city. (Ord. MC-302, passed 9-7-1983; Ord. MC-817, passed 1-7-1992) § 5.04.025 BUSINESS REGISTRATION CERTIFICATE - OTHER PERMITS REQUIRED. (A) Any person, firm or corporation conducting or carrying on any business, show, exhibition or game without having obtained a business registration certificate as required by this article shall be nevertheless liable for any fee or penalties imposed or required to be paid pursuant to § 5.04.010 for the period such business or activity was conducted without such certificate. (B) No business registration certificate shall be issued to any person, firm or corporation to conduct or carry on any business, show, exhibition or game at or in a building or structure in the city unless such person, firm or corporation is proposing to establish a use permitted in the Land Use Zone District for the site, and a zoning consistency review has been issued by the Development Services Department. An approved copy of said zoning consistency review shall be presented at the time of submitting this written application for the business registration certificate. (C) No registration certificate issued under the provisions of this article shall be construed as authorizing the conduct or continuance of any illegal or unlawful business or activity or the violation of any ordinance or law. Any registration certificate issued contrary to the provisions of this section shall be void and of no effect. (Ord. 763, passed 3-2-1920; Ord. 3594, passed 8-3-1976; Ord. MC-817, passed 1-7-1992; Ord. MC-1027, passed 9-9-1998) § 5.04.026 TRANSFERS OF STOCK OR PARTNERSHIP INTEREST. (A) Any business registration certificate or any permit issued or granted pursuant to this title is a privilege to be held by the original permittee or certificate holder thereof. It cannot be sold, transferred, assigned or disposed of, in whole or in part, or by voluntary sale, merger, consolidation or otherwise. (B) In the event a permittee or certificate holder is a corporation, a new permit or certificate shall be Packet Page 402 San Bernardino - Business Registration and Regulations8 required when there is an actual change in control or when ownership of more than 50% of the voting stock of the permittee or certificate holder is acquired by a person or group of persons acting in concert, none of whom already own 50% or more of the voting stock, singly or collectively. (C) In the event a permittee or certificate holder is a partnership, a new permit or certificate shall be required when there is an actual change in control or when ownership of 50% or more of the capital or profits of the permittee or certificate holder is acquired by a person or group of persons acting in concert, none of whom already own 50% or more of such capital or profits, singly or collectively. (Ord. MC-936, passed 4-18-1995) § 5.04.030 BUSINESS REGISTRATION CERTIFICATE FEES - PAYABLE IN ADVANCE. (A) All fees shall be paid in advance in legal currency of the United States at the office of the City Clerk, or by check, draft or other instrument in the discretion of the City Clerk. Any certificate, the fee for which has been paid by an instrument, such as a check, draft or money order, which is dishonored upon presentation for payment, shall be void and of no effect from its inception, upon notice from the City Clerk of such dishonor. The City Clerk may, in his or her discretion, withhold the effect of this provision if the fee is promptly paid. Payment of registration certificate fees following a dishonor of such an instrument upon presentment for payment shall thereafter be made only by cashier’s check, money order or cash, which fee shall include any applicable penalty, as well as the service fee under § 3.10.010 for such dishonored instrument. The City Clerk shall be authorized to reject payment other than by cash, cashier’s check or money order from such certificate holder for a period of two years following any such dishonor. (B) A separate registration certificate must be obtained for each branch establishment or separate place of business in which the business, show, exhibition or game is carried on. Each registration certificate shall authorize the party obtaining it to carry on, pursue or conduct only that business, show, exhibition or game described in such certificate. Where a registration certificate is required for any business, show, exhibition or game, and the number of persons employed or the gross receipts of such business is made the basis for fixing the amount of the registration certificate fee, a separate fee shall be paid for each branch establishment or place of business in which the business, show, exhibition or game is carried on, based upon the number of persons employed in, or the gross receipts of, each branch establishment or separate place of business. (C) Monthly fees are due and payable on the first of each month in advance, from all persons who have received a business registration certificate for the previous month to carry on the same business, show, exhibition or game. From all persons who have not received such a certificate for the previous month for the same business, show, exhibition or game, the fee is due and payable, and must be procured before commencing to carry on such business, show, exhibition or game. (D) Except as specified in division (H) below, quarterly fees are due and payable to the city on January 1, April 1, July 1 and October 1, and such certificates expire on March 31, June 30, September 30 and December 31 of each year. All business registration certificates shall be reissued annually from the date of initial issuance and the quarterly fees are due and payable every three months beginning from the date of initial issuance. (E) Daily and weekly registration certificate fees are due and payable in advance. (F) Except as provided in division (H) below and as elsewhere provided in this article, semi-annual fees are due and payable at the times specified in this article. If the time of payment is not specified, semi-annual fees are due and payable at the times Packet Page 403 General Provisions and Rates 9 specified in this article. If the time of payment is not specified, semi-annual licenses are payable on January 1 and July 1. The first semi-annual business registration certificate issued to any person shall be issued for the unexpired period of the one-half year of issuance. (G) Annual fees are due and payable at the time specified in this article. If the time for payment is not otherwise specified, annual license fees are payable on July 1 of each year and shall be valid for the year ending the following June 30. The first annual business registration certificate issued to any person shall be issued for the unexpired period of the year of issuance, except as otherwise provided in this article. (H) Where quarterly or semi-annual fees due from any business entity total $500 or less annually, the entire amount shall be due and payable in advance of January 1. As to registration certificates after August 15, 1986, the entire amount shall be due and payable annually from the date the certificate was initially issued thereon. (I) In issuing a quarterly or annual registration certificate for the first time for a business which has previously been operated without a registration certificate, the City Clerk shall charge the fee for the entire current year or portion of the year during which the business was in operation, to and including the current quarter. The City Clerk shall also charge for the three preceding years or portions of those years during which the business was in operation. The City Clerk shall not collect an amount exceeding the fee for the entire current year in which the certificate is issued, plus the three preceding years or portion of those years during which the business was operated. (Ord. 763, passed 3-2-1920; Ord. 2247, passed 11-12-1958; Ord. 3887, passed 12-6-1979; Ord. MC-118, passed 11-16-1981; Ord. MC-194, passed 8-3-1982; Ord. MC-287, passed 7-7-1983; Ord. MC-302, passed 9-7-1983; Ord. MC-530, passed 7-22-1986; Ord. MC-817, passed 1-7-1992) § 5.04.033 REFUND OF UNUSED BUSINESS REGISTRATION CERTIFICATE. Where a certificate holder has ceased doing business, a refund of an unused period of a business registration certificate may be granted upon the filing of a written request to the City Clerk within a period of one year after the date of payment of the amount sought to be refunded; provided that any refund shall be made on only unused full quarters remaining until the end of the registration year and shall not be made for any quarter in which the business covered thereunder was conducted for any period of time; provided, further, that no minimum or flat rate registration fee shall be refunded. “Quarters” shall be determined on the basis of each three full months from the date of the last application or renewal application. Such written request may be made only by the person who made the payment, his or her guardian, executor, administrator or heir. Refunds shall not be made to an assignee of the written request. In all cases, return of the original business registration certificate, which covers the quarter(s) for which the refund is being sought, shall be a prerequisite to any refund. (Ord. MC-817, passed 1-7-1992; Ord. MC-935, passed 4-18-1995) § 5.04.035 CERTIFICATE - POSTING. Every person, firm or corporation having a registration certificate under the provisions of this article, and carrying on a business, show, exhibition or game at a fixed place of business, shall keep such certificate posted and exhibited while in force, in some conspicuous part of the place of business. Every person having such a certificate, and not having a fixed place of business, shall carry such certificate with him or her, at all times, while carrying on the business, show, exhibition or game for which the same was granted. Every person, firm or corporation having a certificate under the provisions of this article shall produce and exhibit the same, when applying for a renewal thereof, and whenever requested to do so by Packet Page 404 San Bernardino - Business Registration and Regulations10 any police officer, or any officer authorized to issue, inspect or collect business registration certificates. (Ord. MC-302, passed 9-7-1983; Ord. MC-817, passed 1-7-1992) § 5.04.040 CONSTITUTIONAL APPORTIONMENT. (A) None of the fees provided for by this article shall be so applied as to occasion an undue burden upon interstate commerce or be violative of the equal protection and due process clauses of the U.S. and California Constitutions. (B) In any case where a fee is believed by a certificate holder to place an undue burden upon interstate commerce or be violative of such constitutional clauses, the certificate holder may apply to the City Clerk for an adjustment of the fee. Such belief shall not excuse failure to pay the applicable fee when due. Such application may be made before, at the time of or within six months after payment of the prescribed fee. A certificate holder shall, by sworn statement and supporting testimony, show his or her method of business and the gross volume or estimated gross volume of business and such other information as the City Clerk may deem necessary in order to determine the extent, if any, of such undue burden or violation. The City Clerk shall then conduct an investigation, and, after having first obtained the written approval of the City Attorney, shall fix, as the fee for the certificate holder, an amount that is reasonable and non-discriminatory, and if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the City Clerk shall have the power to base the fee upon a percentage of gross receipts or any other measure which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fee as prescribed by this article. Should the City Clerk determine the gross receipts measure of license fee to be proper basis, he or she may require the certificate holder to submit, either at the time of termination of the certificate holder’s business in the city, or at the end of each quarter, a sworn statement of the gross receipts and pay the amount of the fee therefor; provided that no additional fee during any one calendar year shall be required after the certificate holder shall have paid an amount equal to the annual fee as prescribed in this article. (Ord. MC-302, passed 9-7-1983; Ord. MC-817, passed 1-7-1992) § 5.04.045 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) § 5.04.050 TRANSACTING BUSINESS WITHOUT REGISTRATION CERTIFICATE. (A) The conviction and punishment of any person for transacting any business, show, exhibition or game without a registration certificate shall not excuse or exempt such person from the payment of any fee due or unpaid at the time of such conviction, and nothing in this article shall prevent a criminal prosecution for any violation of the provisions of this article. (B) If, and in the event of, a failure of a person, firm or corporation conducting, managing or carrying on a business to secure a registration certificate and pay the fee therefor as provided in this article, or in the event that a prohibited transient merchant is discovered, then the business inspector of the city is authorized to seize and take into his or her possession the items to be sold and to hold the same until such fees have been paid and a certificate duly issued and properly displayed, or in the case of a transient merchant, to hold the same until claimed by a responsible party against whom legal action can be Packet Page 405 General Provisions and Rates 11 taken, whereupon the inspector shall release the items confiscated. (Ord. MC-743, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.051 ADVERTISING. When any person, by use of signs, circulars, cards, telephone book or newspapers, advertises, holds out or represents that he or she is in business in the city, or when any person holds an active license or permit issued by a governmental agency indicating that he or she is in business in the city, and such person fails to deny by a sworn statement under penalty of perjury given to the City Clerk, or his or her representative, that he or she is conducting a business in the city, after being requested to do so by the inspector, then these facts shall be considered prima facie evidence that he or she is conducting a business in the city. (Ord. MC-743, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.055 FEES BASED ON GROSS RECEIPTS. (A) In all cases where the fee to be paid by any person, firm or corporation is based upon the amount of receipts or sales or of business transacted, or upon the number of persons employed or upon the number of vehicles used, or upon the amount of the maximum admission fee charged, or upon the number of tables used for any game, or upon the number of rooms in any building, such person, firm or corporation shall, before obtaining a registration certificate for his or her, their or its business, and within ten days after the beginning of each certificate period, if such business is established or in operation during any part of such ten days, render to the City Clerk, for his or her guidance in ascertaining the fee to be paid by such person, firm or corporation, a written statement sworn to before some officer authorized to administer oaths, showing the total amount of receipts of sales or of business transacted during the calendar year next preceding the date of such statement, or the number of vehicles used, or the amount of the maximum admission fee charged, or the number of tables used for any game by such person, firm or corporation, or the number of rooms contained in such building, at the date of such statement; provided, however, that where the quarterly fee to be paid under any section of this article is based upon the gross annual receipts or of business transacted, or the gross annual commission of fees received or collected, only one such statement need be filed at the time the first quarterly registration certificate is procured, and the fee to be paid for the succeeding quarterly periods of the year in which such statement is filed shall be determined by and be based upon the statement filed at the time the first quarterly registration certificate is procured. (B) No such statement shall be conclusive upon the city or upon any officer thereof as to the matter thereon set forth, and the same shall not prejudice the right of the city to recover any amount that may be ascertained to be due from such person, firm or corporation in addition to the amount shown by such statement to be due in case such statement should be found to be incorrect. If any person, firm or corporation required to make any such statement fails to do so, such person, firm or corporation shall pay a fee at the maximum rate prescribed in this article for the business, show, exhibition or game carried on by such person, firm or corporation, and shall be guilty of a violation of this article and be punishable therefor as hereinafter provided; provided, however, that in any case where the first business registration certificate is to be issued for a newly established business, no statement need to be made, at the time such first certificate is issued, of the amount or receipts of sales or business transacted and the minimum rate prescribed in this article shall be paid at the time such first certificate is issued for any such newly established business, the fee for which is regulated by the amount of receipts or sales or the business transacted. At the end of the year during which the operation of such Packet Page 406 San Bernardino - Business Registration and Regulations12 business is commenced, the fee for the preceding period shall be ascertained and paid. The amount of such fee shall be ascertained by dividing the amount of the gross sales or receipts of such business by the number of days during which such certificate has been in force and multiplying the result by 365 and applying such result to the rate applicable thereto to determine the fee and from this amount deduct the amount previously paid. Such gross receipts so determined shall be the basis of the fee for the next succeeding year. (Ord. 763, passed 3-2-1920; Ord. MC-817, passed 1-7-1992) § 5.04.060 GROSS RECEIPTS - DEFINED. GROSS RECEIPTS, as used in this article, except as otherwise specifically provided, means the total amount of revenue received as the sale prices of all sales and the total amount charged or received for the performance of any action, service or employment of whatever nature it may be, for which a charge is made or credit allowed, when such service, act or employment is done as a part of or in connection with the sale of materials, goods, wares and merchandise, or the performance of services; GROSS RECEIPTS includes all receipts, cash, credits and property of any kind or nature, and any amount for which a credit is allowed by the seller to the purchaser without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable or losses or other expenses whatsoever; GROSS RECEIPTS further includes commissions received for the sale of real property and the annual gross receipts, fees or commissions of every person, firm or corporation conducting, managing, carrying on or engaged in any business or profession of any nature whatsoever, including the providing of services relating thereto; but GROSS RECEIPTS does not include cash discounts allowed and taken on sales and any sales tax paid to the state, a municipality or public entity. (Ord. 763, passed 3-2-1920; Ord. 3245, passed 3-8-1972; Ord. MC-817, passed 1-7-1992) § 5.04.063 GROSS - WORK OUTSIDE CITY. If a person owns, leases, occupies or otherwise maintains within the city a place or premises from which he or she engages in business activities outside the city, he or she shall include a portion of the gross receipts from work performed outside the city in the measure of the fee. In the absence of substantial information to the contrary, 20% of gross receipts from work performed outside the city shall be deemed to be that portion subject to the fee as attributable to business engaged in within the city: (A) Require the use of a greater percentage of such gross receipts, stating in writing to the certificate holder his or her reasons therefor; or (B) Approve the use of a lesser percentage of such gross receipts, based upon proof presented to him or her in writing by the taxpayer that the 20% factor is inequitable. Any such variation from the 20% factor established in this provision shall be approved in writing by the City Clerk, or his or her authorized representative. Where there are no measurable gross receipts directly attributable to operations carried on from a place of business within the city, such operations shall be deemed to produce gross receipts in an amount at least equal to the cost of maintaining such operations, such cost of operations shall include, but not be limited to, rent and/or depreciation, salaries and wages, fixed charges and other expenses. (Ord. MC-743, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.065 GROSS RECEIPTS - BUSINESS YOUNGER THAN SIX MONTHS. When a fee based upon the gross receipts of a business in existence less than six months during the preceding year was computed upon anticipated gross receipts which exceeded the actual gross receipts of the subject year immediately following such period of six months or less of such preceding year, the City Clerk, subject to the filing of a written request during the first quarter of the subsequent year, shall give a Packet Page 407 General Provisions and Rates 13 credit for or authorize a rebate of the amount such fee exceeded the actual gross receipts of the business as determined by the City Clerk. The privilege of a credit or a rebate shall not apply to any subsequent year, and the decision of the City Clerk shall be final and conclusive. (Ord. 763, passed 3-2-1920; Ord. 2809, passed 3-28-1967; Ord. MC-817, passed 1-7-1992) § 5.04.070 EXAMINATION, AUDIT AND INSPECTION OF FINANCIAL BOOKS AND RECORDS. (A) The City Clerk, and his or her authorized personnel, inspectors and police officers are authorized to examine, audit and inspect any financial books and records of any certificate holder, applicant for a registration certificate or person engaged in business, as may be necessary to verify or ascertain the amount of the fee due from such certificate holder, applicant or person in the specific classification. (B) All certificate holders, applicants for registration certificates and persons engaged in business are required to permit such an examination of their financial books and records for the purposes and under conditions aforesaid. Any failure or refusal to permit such an examination by a certificate holder shall constitute good cause revocation of the subject registration certificate issued under this article, which penalty shall be accumulative and in addition to any other penalty or remedy provided for by law, whether criminal or civil in nature. (Ord. 763, passed 3-2-1920; Ord. 3268, passed 5-17-1972; Ord. MC-817, passed 1-7-1992) § 5.04.071 FAILURE TO FILE STATEMENT. If a person, business or corporation fails to file any required statement within the time prescribed, or if, after reasonable notice therefor made by the City Clerk, fails to file a corrected statement, the City Clerk, or a designated representative, may determine the amount of the fee due from such person, business or corporation by means of such information as he or she may be able to obtain. If such a determination is made, the City Clerk shall issue a notice of the amount so assessed by serving it personally or depositing it with the United States Postal Service, postage prepaid, addressed to the person, business or corporation so assessed at his or her last known address. Such party may, within 15 days after the mailing or serving of such notice, appeal such determination to the CommonCity Council. The CommonCity Council shall consider and act upon the appeal in accordance with the provisions of Chapter 2.64, except that the time limit provisions of § 2.64.040 shall not apply. (Ord. 763, passed 3-2-1920; Ord. 3949, passed 7-9-1980; Ord. MC-817, passed 1-7-1992) § 5.04.075 PENALTIES FOR DELINQUENCIES. (A) The times of delinquency and penalties assessed therefor for all registration certificates covered by this title shall be determined by the provisions of this section. (B) Payments for the respective registration certificates as set forth in this title which are not made on or before, or which are received in the City Clerk’s office after, the following applicable delinquent dates, or which bear a postmark after said dates, shall be deemed delinquent and therefore subject to the following penalty assessments: (1) Monthly registration certificates: the tenth day of every month for which the license is due; (2) Quarterly registration certificates: the last day of the first month of the quarter for which such fee is due: January 31, April 30, July 31 and October 30. Delinquent dates for registration certificates first issued after August 15, 1986 are 30 days from the date the fees are due and payable; and (3) Semi-annual or annual registration certificates: the last day of the first month in which such fee is due by its terms. (C) For failure to obtain a registration certificate on or before the start of business, or for failure to pay Packet Page 408 San Bernardino - Business Registration and Regulations14 a fee on or before the delinquency date, there is imposed a penalty of 50% of the fee. An additional penalty of 50% of the fee shall be imposed after 60 days of delinquency; such penalty shall be added to the fee and other penalties due. (D) If a business fails to obtain a business registration certificate or renew a certificate and has been delinquent for 90 days, an assessment of 10% of the amount of the fee and penalties per month not to exceed 100% shall be added hereto in addition to the penalties stated in division (C) above. The assessment stated in this division (D) shall be instituted to cover escalating costs incurred to pursue delinquent accounts requiring extended enforcement action. (E) It shall be the responsibility of each business owner to obtain and pay for a renewal registration certificate regardless of whether or not such business owner has received a renewal notice from the city. Any failure to receive such notice, for any reason, shall not affect the applicability of penalties of non-payment or late payment. (Ord. 763, passed 3-2-1920; Ord. 3581, passed 6-21-1976; Ord. MC-295, passed 8-3-1983; Ord. MC-530, passed 7-22-1986; Ord. MC-743, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.076 ASSESSMENTS; DELINQUENT REGISTRATIONS; LIENS. (A) Whenever delinquent business registration fees and appropriate penalties cannot be collected after proper notification to the property/business owner, the total uncollected amount, including penalties and administrative fees, shall become assessments, and the City Clerk, or his or her duly authorized representative, shall compile a list of such assessments together with parcel number designations and addresses upon which the assessments are being fixed. (B) After notice and hearing, and upon confirmation of the imposition of the liens by resolution of the Mayor and CommonCity Council, the City Clerk shall file a certified copy of the approved resolution with the County Auditor, directing that all unpaid business registration fees, penalties and administrative fees be entered as lien charges against said property as it appears on the current assessment rolls. Liens will be collected at the same time and in the same manner, subject to the same penalties and interest upon delinquencies, as the general taxes for the city are collected. The City Clerk shall present for recording appropriate notices of the imposition of these liens with the County Recorder. (Ord. MC-756, passed 11-21-1990) § 5.04.085 PAYMENT OF FEES. The amount or rate of fees to be paid to the city by any person, firm or corporation, or association engaged in or carrying on any business, show, exhibition or game designated in this article is fixed and established as provided in this article, and such fee shall be paid by every person, firm or corporation or association engaged in carrying on any such business, show, exhibition or game in the city. (Ord. 763, passed 3-2-1920; Ord. MC-817, passed 1-7-1992) § 5.04.090 LIQUOR OR INTOXICATING LIQUOR DEFINED. LIQUOR or INTOXICATING LIQUOR, as used in this article, means beer, wines, gin, whiskey, cordials or rum, and every liquor or solid, patented or not, containing 0.5% or more of alcohol by volume, and which are fit for use for beverage purposes. (Ord. 763, passed 3-2-1920; Ord. 1525, passed 1-8-1934; Ord. MC-817, passed 1-7-1992) § 5.04.095 REAL ESTATE BUSINESS. For every person, firm or corporation conducting, managing or carrying on the business of examining, searching or investigating titles to real estate and issuing abstracts, statements or certificates, showing or purporting to show or certify to the condition or state of the title to any particular property or properties as disclosed by an examination of the public records, but which abstracts, statement or certificate does not ensure the title to real property or any interest therein; the fee shall be established by resolution of the Mayor and CommonCity Council. Packet Page 409 General Provisions and Rates 15 (Ord. 763, passed 3-2-1920; Ord. MC-817, passed 1-7-1992) § 5.04.100 RESERVED. [Reserved] (Repealed by Ord. MC-935, passed 4-18-1995) § 5.04.110 ADVERTISING - DISTRIBUTING SAMPLES, HANDBILLS OR DODGERS. (A) For every person, firm or corporation conducting, managing or carrying on the business of distributing advertising samples, handbills, dodgers or printed advertisements of any kind, the fee shall be set by resolution of the Mayor and CommonCity Council. (B) For the purpose of this section, the expression CARRYING ON THE BUSINESS is defined to be and is construed to mean the doing of any act or series of acts, of distributing or advertising by any means or in any manner specified in this section. (Ord. 763, passed 3-2-1920; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.115 RESERVED. [Reserved] (Repealed by Ord. MC-382, passed 6-20-84) § 5.04.120 RESERVED. [Reserved] (Repealed by Ord. MC-382, passed 6-20-1984) § 5.04.123 RESERVED. [Reserved] (Repealed by Ord. MC-744, passed 10-8-1990) § 5.04.125 AUCTIONS. (A) For every person, firm or corporation conducting, managing or carrying on or engaged in the business of selling at auction goods, wares and merchandise, the fee shall be established by resolution of the Mayor and CommonCity Council. (B) For every person, firm or corporation conducting, managing or carrying on or engaged in the business of selling at auction goods, wares or merchandise, for five or fewer months in a year the fee shall be established by resolution of the Mayor and CommonCity Council. (C) For every person, firm or corporation conducting, managing or carrying on or engaging in the business of selling at auction real estate, the fee shall be established by resolution of the Mayor and CommonCity Council. (Ord. 763, passed 3-2-1920; Ord. 1729, passed 11-30-1944; Ord. MC-302, passed 9-7-1983; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.130 RESERVED. [Reserved] (Repealed by Ord. MC-382, passed 6-20-1984) § 5.04.135 RESERVED. [Reserved] (Repealed by Ord. MC-744, passed 10-8-1990) § 5.04.140 BILLIARD OR POOLROOM. For every person, firm or corporation conducting, managing or carrying on any public billiard or poolroom, the fee shall be established by resolution of the Mayor and CommonCity Council. (Ord. 763, passed 3-2-1920; Ord. 1489, passed 3-8-1932; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.145 RESERVED. Packet Page 410 San Bernardino - Business Registration and Regulations16 [Reserved] (Repealed by Ord. MC-744, passed 10-8-1990) § 5.04.150 VENDING MACHINE SALES AND AUTOMATIC WEIGHING DEVICES. Every person, firm or corporation operating, maintaining, leasing, letting, managing or carrying on the business of selling or vending goods, wares or merchandise by means of vending machine or managing or carrying on the business of operating or maintaining clothes washing machines, automatic scale weighing devices or coin-in-the-slot weighing machines shall pay a fee established by resolution of the Mayor and CommonCity Council. (Ord. 763, passed 3-2-1920; Ord. 2227, passed 7-1-1958; Ord. MC-382, passed 6-20-1984; Ord. MC-548, passed 10-22-1986; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.155 BOWLING ALLEY. For every person, firm or corporation conducting, managing or carrying on a public bowling alley, the fee shall be established by resolution of the Mayor and CommonCity Council. (Ord. 763, passed 3-2-1920; Ord. 1489, passed 3-8-1932; Ord. MC-302, passed 9-7-1983; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.160 TEMPORARY BOXING, WRESTLING OR ATHLETIC EXHIBITION. Every person, firm or corporation conducting, managing or carrying on a temporary boxing, wrestling or other athletic exhibition or contest shall pay a fee established by resolution of the Mayor and CommonCity Council. (Ord. 763, passed 3-2-1920; Ord. 1800, passed 9-22-1947; Ord. MC-302, passed 9-7-1983; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.165 RESERVED. [Reserved] (Repealed by Ord. MC-744, passed 10-8-1990) § 5.04.170 RESERVED. [Reserved] (Repealed by Ord. MC-382, passed 6-20-1984) § 5.04.175 RESERVED. [Reserved] (Repealed by Ord. MC-522, passed 5-20-1986) § 5.04.180 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) § 5.04.185 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) § 5.04.190 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) § 5.04.195 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) § 5.04.200 COMMISSION MERCHANT OR BROKER - BROKER FOR STOCKS OR BONDS. (A) For every person, firm or corporation conducting, managing or carrying on the business of a commission merchant or broker, or stock and bond Packet Page 411 General Provisions and Rates 17 broker, or buying, selling or otherwise dealing in stocks or bonds, or evidences of indebtedness of public or private persons or of incorporated entities, the fee shall be established by resolution of the Mayor and CommonCity Council. (B) For the purpose of this article, COMMISSION MERCHANT OR BROKER is defined to be the business of buying or selling meats, provisions, produce, food products, goods, wares or merchandise, drugs or medicines, jewelry or precious metals or other tangible property, as a broker or agent, for the owner or consignee thereof for a fee or commission, whether or not the operation of such business customarily includes the actual possession, custody or control of goods, wares or merchandise. (C) For the purpose of this article, STOCK AND BOND BROKER is defined to be the business of buying or selling federal, state, county or municipal stocks or bonds, or stocks or bonds of partnerships or incorporated entities, or evidences of indebtedness of private persons, partnerships or of incorporated entities, for a fee or commission. (Ord. 763, passed 3-2-1920; Ord. 1729, passed 11-30-1944; Ord. MC-302, passed 9-7-1983; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.205 RESERVED. [Reserved] § 5.04.210 RESIDENTIAL AND COMMERCIAL CLEANING. For every person, firm or corporation conducting, managing or carrying on the business of carpet cleaning, swimming pool cleaning, cleaning buildings, parking areas, rooms or furnishings, by compressed air, power sweeper or vacuum cleaner, by means of any machine drawn, hauled, carried or propelled by hand power, or any janitorial related services conducted in residential or commercial structures or parking areas, the fee shall be established by resolution of the Mayor and CommonCity Council. (Ord. 763, passed 3-2-1920; Ord. 1851, passed 4-5-1949; Ord. MC-382, passed 6-20-1984; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.215 RESERVED. [Reserved] (Repealed by Ord. MC-339, passed 2-14-1984) § 5.04.220 RESERVED. [Reserved] (Repealed by Ord. MC-743, passed 10-8-1990) § 5.04.225 RESERVED. [Reserved] (Repealed by Ord. MC-382, passed 6-20-1984) § 5.04.235 RESERVED. [Reserved] (Repealed by Ord. MC-382, passed 6-20-1984) § 5.04.240 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) § 5.04.245 EXHIBITIONS IN THEATERS OR TEMPORARY PLACES. For every person, firm or corporation conducting, managing or carrying on the business of seminar, sale, exhibition, show or other business activities of a temporary nature in public rooms, in hotel/motel meeting rooms, convention facilities or other Packet Page 412 San Bernardino - Business Registration and Regulations18 temporary places not otherwise specifically provided for in this chapter, the fee shall be established by resolution of the Mayor and CommonCity Council. (Ord. 763, passed 3-2-1920; Ord. 1800, passed 9-22-1947; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.250 RESERVED. [Reserved] (Repealed by Ord. MC-382, passed 6-20-1984) § 5.04.255 RESERVED. [Reserved] (Repealed by Ord. MC-382, passed 6-20-1984) § 5.04.260 RESERVED. [Reserved] (Repealed by Ord. MC-382, passed 6-20-1984) § 5.04.265 FIRE SALE, BANKRUPT OR WRECK SALE. (A) For every person, firm or corporation conducting, managing or carrying on a fire sale, bankrupt or wreck sale, the fee shall be established by resolution of the Mayor and CommonCity Council. (B) For the purposes of this article, a FIRE, BANKRUPT or WRECK SALE is defined to be and includes the sale of goods, wares or merchandise salvaged from a fire, wreck or other calamity, or a sale of goods, wares or merchandise advertised as a fire or bankrupt or wreck sale; providing that no registration certificate shall be required under the provisions of this section for sale of merchandise salvaged from any fire, wreck or other calamity occurring in the city. (Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) Cross-reference: See also Chapter 5.16 for additional provisions on fire, removal or closing-out sales. § 5.04.270 RESERVED. [Reserved] (Repealed by Ord. MC-744, passed 10-8-1990) § 5.04.275 GAME TABLES, MACHINES OR DEVICES. For every person, firm or corporation conducting, managing or carrying on the business of operating or maintaining tables, machines or devices offered for use, used, operated or played as a game, or as a test of skill, or for amusement, for the operation of which a charge is made, or which is conducted for profit (except such tables, machines or devices otherwise specifically provided for in this chapter), the fee shall be established by resolution of the Mayor and CommonCity Council. (Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.280 HOBBY HORSE MACHINES. (A) For every person, firm or corporation conducting, managing or carrying on the business of operating or maintaining a hobby horse or similar device for the amusement of children, offered for use, used or operated for the amusement or entertainment of children, or a shuffleboard, for the operation of which a charge is made, or which is conducted for profit, the fee shall be established by resolution of the Mayor and CommonCity Council. (B) If, in the event of a failure of the person, firm or corporation so operating or maintaining such machine or device to secure a registration certificate and pay the fee therefor, as provided in this section, or in the event that the certificate is not publicly displayed at a place open to the examination of the inspector, then the City Chief of Police is authorized to seize and take into his or her possession the machine or device and to hold the same until such fee has been paid and a certificate duly issued and properly displayed covering the machine, whereupon the Chief of Police shall release the machine or shuffleboard, upon payment to the city the sum of $25 Packet Page 413 General Provisions and Rates 19 per machine, which sum shall be in addition to the amount of any certificate fee. (Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.285 MUSIC TABLES, MACHINES OR DEVICES. (A) For every person, firm or corporation conducting, managing or carrying on the business of operating or maintaining tables, machines or devices for the playing or rendering of music, for the operation of which a charge is made or which is conducted for profit, other than sound trucks and other advertising mediums, the fee shall be established by resolution of the Mayor and CommonCity Council. (B) If the person, firm or corporation mentioned in this section fails or neglects to pay the fee required in this section and secure a registration certificate for any of the machines or devices mentioned in this section, or if the certificate is not publicly displayed in a place on the premises open to the city business inspector, then the Chief of Police is authorized to seize and take into his or her possession any such machine and to hold it until such fee has been paid and a certificate duly issued therefor and properly displayed. The Chief of Police shall release any such machine upon payment to the city for such release the sum of $25 per machine, which shall be in addition to the registration certificate fee. (Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.290 NOTICE TO CITY CLERK OF TABLE LOCATIONS. Upon the issuance of any certificate, under the provisions of §§ 5.04.275, 5.04.280 and/or 5.04.285, the applicant therefor shall notify the City Clerk of the location of each table, machine, device or game, and in the event of any change in such location, then the certificate holder shall notify the City Clerk or the city business inspector of such change. (Ord. MC-817, passed 1-7-1992) § 5.04.295 COIN-OPERATED GAME MACHINES. (A) For every person or firm or corporation conducting, managing or carrying on the business of operating or maintaining coin-operated game machines, including a certificate holder owning and maintaining one or more coin-operated game machines as an incidental business operation at any place of business, the fee shall be established by resolution of the Mayor and CommonCity Council. (B) A COIN-OPERATED GAME MACHINE means any machine, device or apparatus which is used as game or contest of any description or for amusement, or which may be used for any such game or contest or for amusement and the operation or use of which is permitted, controlled or made possible by the deposit or placing of any coin, plate, disc, slug or key into any slot, crevice or other opening, or by the payment of any fee or fees in lieu thereof, except a machine, device or apparatus specifically otherwise provided for in this article. (Ord. MC-817, passed 1-7-1992) § 5.04.300 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) § 5.04.305 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) § 5.04.310 DOG KENNEL. For every person conducting, managing or carrying on a dog kennel business where dogs are boarded or bred for sale, the license shall be based upon gross receipts in accordance with the schedule adopted by resolution of the Mayor and CommonCity Council pursuant to § 5.04.525(F). This section shall not be applicable to a kennel with three or less dogs and shall not apply to veterinarians. (Ord. MC-744, passed 10-8-1990; Ord. MC-817, Packet Page 414 San Bernardino - Business Registration and Regulations20 passed 1-7-1992) § 5.04.315 JUNK DEALER. (A) For every person, firm or corporation conducting, managing or carrying on the business of junk dealer, the fee shall be established by resolution of the Mayor and CommonCity Council. (B) For the purpose of this article, JUNK DEALER is defined to be any person, firm or corporation having a business of buying or selling, either at wholesale or retail, any old rags, sacks, bottles, cans, papers, metals or other articles of junk. (Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.320 RESERVED. [Reserved] (Repealed by Ord. MC-743, passed 10-8-1990) § 5.04.325 RESERVED. [Reserved] (Repealed by Ord. MC-744, passed 10-8-1990) § 5.04.330 RESERVED. [Reserved] (Repealed by Ord. MC-744, passed 10-8-1990) § 5.04.335 MASSAGE PARLOR. Every person, firm, association or corporation conducting, managing or carrying on the business of a massage parlor, the fee shall be established by resolution of the Mayor and CommonCity Council. (Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) Cross-reference: For additional regulations on massage parlors, see Chapter 5.20. § 5.04.340 MESSENGER SERVICE. For every person, firm or corporation conducting, managing or carrying on the business of furnishing messengers or messenger service, the fee shall be established by resolution of the Mayor and CommonCity Council. (Ord. MC-382, passed 6-20-1984; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.345 PRIVATE PATROL SYSTEM, ARMORED CAR SERVICE AND PRIVATE POLICE SYSTEM. (A) As a condition to the issuance of a business registration certificate for a private patrol system or armored car service, the applicant must possess any and all state licenses necessary to engage in the business covered by the business registration certificate application, and a copy of the applicant’s state license or licenses shall be filed with the City Clerk prior to issuance of a city business registration certificate. (B) All employees and persons who will perform services under the certificate must possess a valid State Department of Consumer Affairs Bureau of Collection and Investigative Services Registration card, on the front of which is endorsed one of the following: responding guard or permit for exposed firearm. Each certificate holder shall ensure that a copy of each such valid card is filed with the City Clerk. (C) No registration certificate issued under this section may be transferred at any time. (Ord. MC-817, passed 1-7-1992) § 5.04.350 PAWNBROKER. (A) For every person, firm or corporation conducting, managing or carrying on the business of a pawnbroker, the fee shall be established by resolution of the Mayor and CommonCity Council. (B) For the purpose of this article, PAWNBROKER means and includes every person conducting, managing or carrying on the business of Packet Page 415 General Provisions and Rates 21 loaning money either for himself or herself or for any other person, firm or corporation, upon any personal property, personal security or purchasing personal property and reselling or agreeing to resell such articles to the vendor or other assignees at prices previously agreed upon. (C) Nothing contained in this section shall be deemed or construed to apply to the loaning of money or personal property or personal security by any bank authorized so to do under laws of the state. (Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.355 FORTUNE TELLING. (A)Fortune telling defined. For the purposes of this section, FORTUNE TELLING means the practice of the art of astrology, palmistry, phrenology, life reading, fortune telling, cartomancy, clairvoyance, clairaudience, crystal-gazing, mediumship, spirit augury, divination, necromancy, character reading or fortune telling by handwriting analysis or other similar business or art, whether predicted by manual or electronic device, and demand or receive directly or indirectly a fee, gift, donation or reward for the exercise or exhibition. (B)Permit required. It is unlawful for any individual or person to conduct or carry on any fortune telling business or activity without first having applied for and received a business permit as set forth in Chapter 5.82. (C)Business registration certificate required - fee. A business registration certificate application shall be made and a fee as established by resolution of the Mayor and CommonCity Council shall be paid in accordance with this code. The fee shall be due on January 1 of each year and must be paid by January 31 of each year. (D)Religious exemptions. Church or recognized religious organizations shall be exempt from permit and business registration certificate regulations of this chapter; provided that the generated revenue is for the exclusive benefit of the church, all revenue will be deposited directly to the church treasury, no single person will benefit from the generated revenue and that the church has maintained head quarters or a place of worship in the city for at least one year preceding the date on which the activity shall be initiated. Proof of religious exemption shall be furnished to the City Clerk in the form of a determination letter from the United States Treasury (Internal Revenue Service) relating to federal taxes or a determination letter from the State Franchise Tax Board relating to franchise taxes. (Ord. MC-460, passed 5-15-1985; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.360 SOLICITING, SELLING, ADVERTISING AND BEGGING. [This section shall become inoperative as of the date Ord. MC-1186 becomes operative and shall remain inoperative so long as Chapter 9.60 prohibiting aggressive solicitation remains in full force and effect. Should Chapter 9.60 be stricken, enjoined or suspended by any court of law, this section will automatically be reenacted.] (Ord. MC-817, passed 1-7-1992; Ord. MC-937, passed 5-1-1995; Ord. MC-1186, passed 10-5-2004) § 5.04.365 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) § 5.04.370 SELLER FROM BOOTH OR/STAND - PEDDLER, FLAGS, BANNERS, BALLOONS, TOYS, FOOD AND CONFECTIONS. For every person, firm or corporation engaged in conjunction with a carnival or similar activity to carrying on the business of a seller from a booth or stand, or a peddler who sells or offers for sale flags, banners, balloons, canes, horns, trumpets, musical or noise-making instruments of any kind, toys, badges, buttons, shoestrings, hairpins, lead pencils, combs, similar trinkets and items, souvenirs of any kind, hot dogs, hamburgers, tacos, burritos, soft drinks, ice cream, ice milk, popcorn, cotton candy, candy apples, Packet Page 416 San Bernardino - Business Registration and Regulations22 snow cones and any similar food or confection, or any combination thereof, the fee shall be established by resolution of the Mayor and CommonCity Council. It shall be unlawful to engage in the carrying on of the business listed in this section other than in conjunction with a carnival or similar activity, or as permitted pursuant to Chapter 19.70. A person with a business registration certificate to sell ice cream or ice milk products from a vehicle or a cart under § 5.04.375 shall be exempt from the fees imposed in this section. (Ord. MC-302, passed 9-7-1983; Ord. MC-460, passed 5-15-1985; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992; Ord. MC-1363, passed 8-2-2011) § 5.04.375 PEDDLER OR SOLICITOR - FOODSTUFFS. (A) For every person, firm or corporation engaged in or carrying on the business of a peddler, or solicitor of orders, or for the sampling, or for the sale of any fish, fruits, vegetables, butter, eggs, buttermilk, milk, ice cream, confection, bread, crackers, cookies, pies, cakes, pastries, doughnuts or other bakery goods, or any other edibles, intended for use as food for human consumption, by means of foot or vehicle delivery, the fee shall be established by resolution of the Mayor and CommonCity Council. (B) For the purpose of this section, a PEDDLER or SOLICITOR is defined to be and include every person, firm or corporation who goes from place to place on a fixed route, who solicits orders for the sale of or who sells or offers for sale any goods, wares or merchandise, or the sampling of goods, wares or merchandise, as enumerated or contemplated in this section, which he, she or it has in his, her or its possession, or in his, her or its motortruck, automobile, wagon or other vehicle, cart, basket, tray or other container. (Ord. MC-302, passed 9-7-1983; Ord. MC-382, passed 6-20-1984; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.380 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) § 5.04.385 CHRISTMAS TREE SALES. Christmas tree sales shall be held from November 1 through December 31 only. The fee therefor shall be established by resolution of the Mayor and CommonCity Council and shall not be prorated. (Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.390 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) § 5.04.395 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) § 5.04.400 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) § 5.04.405 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) § 5.04.410 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) § 5.04.415 CESSPOOL PUMPING, COLLECTION OF RUBBISH AND WASTE MATERIAL. For every person, firm or corporation conducting, managing or carrying on the business of operating or Packet Page 417 General Provisions and Rates 23 driving any vehicle used for the purpose of pumping cesspools or removing or collecting rubbish, manure, waste material or refuse matter of any kind, the fee shall be established by resolution of the Mayor and CommonCity Council. (Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.420 COLLECTION AGENCY. (A)Fee. For every person, firm or corporation conducting, managing or carrying on the business of a collection agency, the fee shall be established by resolution of the Mayor and CommonCity Council. (B)Collection agency defined. As used in this section, the term COLLECTION AGENCY means and includes all persons, firms, corporations and voluntary associations engaging, directly or indirectly, as a primary or secondary object, business or pursuit, in soliciting claims for collection, and in the collection of claims owing or due or asserted to be owing or due to another, and any person, firm or corporation or voluntary association engaged in collecting accounts for another, whether the employment is for one or more persons, firms, corporations or voluntary associations, or in the selling or furnishing of any collection system or collection letter forms or collection letters, or any house agency, firm, person, corporation or voluntary association using a fictitious name in collecting its own accounts receivable with the intention of conveying to the debtor that a third party has been employed to collect such accounts. (C)Attorney conducting collection agency. Any attorney at law who, directly or indirectly, by the use of agents, representatives, fictitious names or otherwise, solicits claims or accounts for collection, or who solicits or demands payment of claims from debtors through or by the use of laypeople, employees or agents, or the use of fictitious names; or any attorney at law who makes a practice of accepting assignments to himself or herself, or to any agent, employee or fictitious name, of claims or accounts for collection, shall be deemed to be conducting a collection agency. COLLECTION AGENCY includes all attorneys at law who are in fact conducting collection agencies whether included in the foregoing definition or not. (Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.425 RESERVED. [Reserved] (Repealed by Ord. MC-382, passed 6-20-1984) § 5.04.430 RESERVED. [Reserved] (Repealed by Ord. MC-382, passed 6-20-1984) § 5.04.445 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) § 5.04.450 RESERVED. [Reserved] (Repealed by Ord. MC-382, passed 6-20-1984) § 5.04.455 RESERVED. [Reserved] (Repealed by Ord. MC-744, passed 10-8-1990) § 5.04.460 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) Packet Page 418 San Bernardino - Business Registration and Regulations24 § 5.04.465 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) § 5.04.470 RESERVED. [Reserved] (Repealed by Ord. MC-382, passed 6-20-1984) § 5.04.475 RESERVED. [Reserved] (Repealed by Ord. MC-382, passed 6-20-1984) § 5.04.480 RESERVED. [Reserved] (Repealed by Ord. MC-382, passed 6-20-1984) § 5.04.485 RESERVED. [Reserved] (Repealed by Ord. MC-382, passed 6-20-1984) § 5.04.490 RESERVED. [Reserved] (Repealed by Ord. MC-744, passed 10-8-1990) § 5.04.495 TRANSIENT MERCHANTS/VENDORS AND TEMPORARY BUSINESSES PROHIBITED. (A) It shall be unlawful for any person or persons to offer for sale, trade or barter; to create; to possess items to be sold, traded or bartered; or to sell, trade or barter any items, including, but not limited to, manufactured items, homemade items, packaged and unpackaged goods, commodities, food, agricultural products, vehicles, furniture or any other item or to offer any service, from a temporary stand, or other temporary location, upon any public street, alley, sidewalk, right-of-way, easement or other public place, doorway of any room or building, unenclosed building, building for which no certificate of occupancy has been issued, vacant lot, front or side yard, back yard (except as permitted in Chapter 5.68), driveway, parking lot or parcel of land, either paved or unpaved, at any time except as permitted pursuant to Chapter 19.70. (B) Possession of a valid city business registration certificate or permit issued under any section of Chapter 5.04 is not a defense to division (A) above if the transient merchant/vendor stays at any location not listed on his or her business registration certificate or permit for more than five minutes in a 24-hour period. (C) This section is intended to make it unlawful for any person or persons to offer, create, possess items to sell or commence to sell items at locations that have not been approved by the city, and to prohibit transient merchants/vendors and temporary businesses. The Mayor and CommonCity Council find that transient merchants/vendors and temporary businesses at temporary locations cause blight; they unlawfully compete against lawful businesses without paying permit fees or taxes; they encourage people to unlawfully assemble; they threaten the public health and safety, public sanitation and the public welfare; and they create a public nuisance. (D) This section applies to all transient merchants/vendors, regardless of their employer or purpose. (Ord. MC-302, passed 9-7-1983; Ord. MC-817, passed 1-7-1992; Ord. MC-1189, passed 10-19-2004; Ord. MC-1363, passed 8-2-2011) Packet Page 419 General Provisions and Rates 25 § 5.04.496 PROPERTY OWNER RESPONSIBILITY FOR TRANSIENT MERCHANTS/VENDORS AND TEMPORARY BUSINESSES. It shall be unlawful for the owner, tenant and/or person in control or charge of any real or personal property to authorize another to engage in or to allow any of the activities prohibited in § 5.04.495 on that property. (Ord. MC-817, passed 1-7-1992; Ord. MC-1189, passed 10-19-2004) § 5.04.497 SEIZURE; HEARING. (A) In addition to any criminal action which may be taken, any authorized officer may seize the items offered for sale contrary to §§ 5.04.495 and 5.04.496 and hold said items pending a hearing before the City Clerk, or his or her designee. Said hearing must be held within 30 days following the giving of notice of such seizure to the seller. If the seller is unavailable or unknown, notice of the hearing may be posted at the location where the items were offered for sale. (B) At the hearing, the City Clerk, or his or her designee, shall determine whether a business registration certificate pursuant to this chapter has been issued. If he or she determines that such certificate has not been issued, he or she may destroy or otherwise dispose of the items or may return such items to the seller upon the payment of all costs of the seizure and hearing by the seller. If there is a dispute over the value of the seized items, between the seizing officer and the seller, the City Clerk, or his or her designee, shall make a determination of the value of the seized items based upon the evidence presented at the hearing. (C) If the seized items have a value greater than $100, the seller may appeal the decision of the City Clerk, or his or her designee, to the CommonCity Council pursuant to Chapter 2.64. For seized items that have a value of $100 or less, the decision of the City Clerk, or his or her designee, shall be final. (D) If the items seized are evidence in a criminal proceeding, they shall not be returned or destroyed pending release by the appropriate authorities. If the items seized are perishable, the city may donate the property to any bona fide charitable organization provided that said donation is in conformance with the requirements of the Cal. Health and Safety Code, § 113740(b) as interpreted by the County Department of Public Health, or the city may otherwise dispose of the perishable items. If the seller waives his or her right to a hearing pursuant to this section, then the goods may be immediately destroyed or otherwise disposed of by the city. If the seller, or his or her agent, does not appear for the hearing provided for in this section, the items shall be deemed abandoned and may immediately be disposed of as other surplus city property. Any animals seized pursuant to this section shall be impounded or returned pursuant to Title 6. (E) As used in this section, OFFICER or AUTHORIZED OFFICER shall mean any police officer of the city, any of the officers specified in § 9.90.010(A)(7) with regard to animals and any of the officers specified in §§ 9.90.010(A)(5), 9.90.010(A)(6) and 9.90.010(A)(8). (F) Pursuant to Cal. Code of Civil Procedure, § 1094.6, any action to review the decision of the City Clerk, or his or her designee, or the CommonCity Council shall be commenced no later than the ninetieth day after the date said decision is adopted. (Ord. MC-817, passed 1-7-1992; Ord. MC-1141, passed 4-22-2004) § 5.04.498 PENALTY. Violation of §§ 5.04.495 and 5.04.496 shall be a misdemeanor. This section is in emphasis of § 1.12.010(A) and not in contradiction thereof. Stating Packet Page 420 San Bernardino - Business Registration and Regulations26 the penalty for the violation of these sections shall not be construed as affecting the penalties for any other provision of this code. (Ord. MC-817, passed 1-7-1992) § 5.04.499 SEVERABILITY. If any provision of §§ 5.04.495, 5.04.496, 5.04.497 or 5.04.498 is determined by any court of competent jurisdiction, or by any federal or state agency having jurisdiction over its subject matter, to be invalid or in conflict with any paramount federal or state law or regulation now or hereafter in effect, or is determined by that court or agency to require modification in order to conform to the requirements of that paramount law or regulation, then that provision will be deemed a separate, distinct and independent part of this chapter, and such determination will not affect the validity and enforceability of any other provisions. (Ord. MC-1189, passed 10-19-2004) § 5.04.500 SWAP MEET. (A) For every person, firm or corporation operating, conducting and/or managing a swap meet in the city, the fee is established by resolution of the Mayor and CommonCity Council, pursuant to § 5.04.525(F). (B) For every dealer or individual selling or offering for sale goods, wares, merchandise or things or articles of value at a swap meet in the city, the fee is established by resolution of the Mayor and CommonCity Council, pursuant to § 5.04.525(B). (C) For every dealer or individual selling or offering for sale food for human or animal consumption at a swap meet in the city, the fee is established by resolution of the Mayor and CommonCity Council, pursuant to § 5.04.525(C). (D)SWAP MEET, as used in this article, means any business wherein any person, firm or corporation or agent thereof rents spaces to various dealers or individuals for selling or offering for sale goods, wares, merchandise or things or articles of value, or food for human or animal consumption, whether or not an admission fee is charged to enter the area when such items are sold or being offered for sale. (Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992; Ord. MC-1094, passed 3-21-2001) § 5.04.504 TELEPHONE SOLICITATION; TELEMARKETING. For every person, firm or corporation conducting, managing, carrying on or engaging in the business of telephone solicitation, telemarketing or other similar activities, the fee shall be established by resolution of the Mayor and CommonCity Council. (Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.505 RESERVED. [Reserved] (Repealed by Ord. MC-1414, passed 7-6-2015) § 5.04.507 RESERVED. [Reserved] (Repealed by Ord. MC-1414, passed 7-6-2015) § 5.04.510 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) § 5.04.515 RESERVED. [Reserved] (Repealed by Ord. MC-382, passed 6-20-1984) Packet Page 421 General Provisions and Rates 27 § 5.04.520 VEHICLES FOR HIRE. (A) For every person, firm or corporation conducting, managing or carrying on the business of running, driving or operating any automobile or motor-propelled vehicle for the transportation of passengers for hire, when driven by the owner or a representative of the owner, or by the person or persons hiring or renting the same, at rate per mile, per trip, per hour, per day, per week or per month, and such vehicle is routed under the direction of such passenger or passengers or of such persons hiring the same, the fee shall be established by resolution of the Mayor and CommonCity Council. (B) For every person driving or operating a taxicab, the fee shall be established by resolution of the Mayor and CommonCity Council. (Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.525 FEES BASED ON GROSS RECEIPTS. (A)Professional services. Every person, firm or corporation conducting, managing or carrying on or engaged in any of the businesses hereinafter enumerated in this division (A) and not specifically covered elsewhere in this chapter shall pay a fee established by resolution of the Mayor and CommonCity Council. The fee provided for in this section shall be paid by every person, firm or corporation conducting, managing or carrying on or engaged in any professional service, business, profession or occupation, which shall include, but shall not be limited to, the following: (1) Architect; (2) Assayer; (3) Attorney at law; (4) Auditor accountant; (5) Bookkeeper; (6) Chemist; (7) Chiropodist; (8) Chiropractor; (9) Civil, electrical, chemical or mechanical engineer; (10) Consultant (one who gives professional advice or services); (11) Dentist; (12) Drafting; (13) Employment agency; (14) Marriage or family counselor; (15) Optician; (16) Optometrist; (17) Occultist; (18) Osteopath or osteopathist; (19) Physical therapist; (20) Physician; (21) Real estate broker; (22) Surgeon; (23) Undertaker, embalmer or funeral director; (24) Teacher of private dancing school of more than 12 pupils; and (25) Every person carrying on or engaged in the business of treating, caring, administering to or Packet Page 422 San Bernardino - Business Registration and Regulations28 giving treatments to the sick, wounded or infirm for the purpose of bringing about their recovery, by any method or pursuant to any belief, doctrine or system other than those hereinabove specifically named, and charging fee or compensation therefor. Nothing contained in this section shall be deemed or be construed as applying to any person engaged in any of the businesses hereinbefore enumerated, solely as an employee of any other person, firm or corporation conducting, managing or carrying on any such business in the city. (B)Retail merchants (other than food). (1) Every person, firm or corporation conducting, managing or carrying on the business of selling at retail any goods, services, wares or merchandise other than food which are not otherwise specifically covered by other sections of this chapter shall pay a fee established by resolution of the Mayor and CommonCity Council. (2) “Retail merchants (other than food),” for purposes of this division (B), shall include, but not be limited to, the following businesses: (a) Advertising - bill posting or sign boards; (b) Alarm businesses; (c) Alterations; (d) Ambulance service; (e) Antiques; (f) Armored car service; (g) Art studio or gallery; (h) Athletic exhibitions; (i) Barber and beauty supply; (j) Bicycles; (k) Boat sales and service; (l) Book store; (m) Building material sales; (n) Camper sales; (o) Carpet sales; (p) Check cashing; (q) Cleaning or dyeing establishments; (r) Clothing stores; (s) Cold storage locker rentals; (t) Cosmetic sales; (u) Data processing services; (v) Detective agency; (w) Dog grooming; (x) Drug store; (y) Electrical appliance sales and service; (z) Electrical sign enterprises; (aa) Equipment rental; (bb) Film processing; (cc) Florists; (dd) Furniture store; (ee) General merchandise sales; (ff) Gift shop; (gg) Graphic arts; Packet Page 423 General Provisions and Rates 29 (hh) Guard service; (ii) Hardware store; (jj) Interior decorating; (kk) Jewelry store; (ll) Linen, uniform supply services and laundries; (mm) Medical equipment sales and service; (nn) Mobile home sales; (oo) Music store; (pp) Nursery (plants); (qq) Paint store; (rr) Pest control service; (ss) Pet store; (tt) Photographers; (uu) Physical culture and health clubs; (vv) Private post office service; (ww) Record shop; (xx) Recycling service; (yy) Repair shops (general); (zz) Roller rink; (aaa) Seasonal athletic events; (bbb) Shoe repair shop; (ccc) Shoe shining or polishing stand; (ddd) Shoe store; (eee) Sporting goods; (fff) Stock car racing; (ggg) Swimming pool supplies and equipment; (hhh) Tanning salon; (iii) Trade school; (jjj) Travel agency; (kkk) Vehicle leasing; (lll) Vehicle repair shop; (mmm) Vehicle wrecking; and (nnn) Welding shop. (C)Retail food merchants. (1) Every person, firm or corporation conducting, managing or carrying on a business consisting principally of selling at retail food for human or animal consumption not otherwise specifically covered by other sections of this chapter shall pay a fee established by resolution of the Mayor and CommonCity Council. (2) “Retail food merchants,” for purposes of this division (C), shall include, but not be limited to, the following: (a) Bakery; (b) Confectioners; (c) Dairy; (d) Delicatessen; (e) Feed store; Packet Page 424 San Bernardino - Business Registration and Regulations30 (f) Grocery store; (g) Health food store; (h) Meat market; (i) Produce store; (j) Restaurant; and (k) Retail liquor. (D)Wholesale sales and telephone companies. Every person, firm or corporation conducting, carrying on or managing a business consisting principally of operating a telephone company; selling goods, wares or merchandise at wholesale, other than manufacturing and selling goods at wholesale; selling at wholesale hydro carbon, lubricating oil or gasoline; and not otherwise specifically covered by other provisions of this chapter, shall pay a fee established by resolution of the Mayor and CommonCity Council. (E)Manufacturers/wholesalers. Every person, firm or corporation manufacturing and selling any goods, wares, merchandise or services at wholesale, and not otherwise specifically covered by other provisions of this chapter shall pay a fee established by resolution of the Mayor and CommonCity Council. Temporary employment services shall be included within this division (E). (F)Commercial, industrial and residential rental or leasing. (1) Every person, firm or corporation conducting, managing or carrying on the business of leasing or renting commercial or industrial building(s), land or space(s), where the building(s), land or space(s) are to be utilized for any business purpose, including retail sales, offices and suites or other business rentals including mini-storage; or freight forwarding storehouse(s) and warehouse(s); or operating hotel(s), rooming house(s), lodging house(s), boardinghouse(s), apartment house(s), court motel(s), mobile home park(s); or leasing or renting any residential dwelling unit(s), including single-family home(s), shall obtain a business registration certificate and pay a fee established by resolution of the Mayor and CommonCity Council. (2) (a) All businesses which conduct, manage or carry on the business of leasing or renting of commercial or industrial building(s), land or space(s), which are to be utilized for any business purpose, are required to furnish a list of tenants or lessees for all such buildings to the City Clerk. (b) The list of tenants shall be included with the business registration certificate application or renewal application of the management company. (3) The intent of this section is to require a business registration certificate for the business of leasing or renting commercial or industrial building(s); for leasing or renting land; for leasing or renting office(s), suite(s) or other business rental(s); and for leasing or renting dwelling unit(s). (4) (a) For the leasing or renting of dwelling unit(s), a separate business registration certificate shall be required for each legal parcel upon which the rental unit(s) are located, unless the ownership of a building is divided as provided in Cal. Gov’t Code, §§ 66426 and 66427 as a condominium, community apartment project or stock cooperative project, and then a separate business registration certificate shall be required for each such division where the owner owns less than four units in one complex. Where the owner owns four or more such units located in the same complex, only one business registration certificate shall be required. For the purposes of this section, COMPLEX shall mean the land divided into condominiums, a community apartment project or a stock cooperative project with any attendant common area and which is treated together as unified whole. (b) It shall be presumptive evidence that a single-family dwelling is considered rented if the owner fails to claim the home owner’s property tax exemption annually applicable according to County Packet Page 425 General Provisions and Rates 31 Tax Assessor’s records. Whenever an owner fails to claim such exemption for any calendar year, it shall be presumed that the properties were rented and therefore, subject to the business registration, unless the owner establishes to the satisfaction of the City Clerk that the premises were not rented; provided, however, that the owner had not advertised or otherwise held out property as being available for lease or rent during that calendar year. (5) For the leasing or renting of commercial or industrial building(s), for the leasing or renting of land and for the leasing or renting of office(s), suite(s) or other business rental(s), a separate business registration certificate shall be required for each legal parcel upon which the rental unit(s) are located, or for each building if such building is located on more than one legal parcel. However, where the ownership of a building is divided as provided in Cal. Gov’t Code, §§ 66426 and 66427 as a condominium or stock cooperative project then a separate business registration certificate shall be required for each such division where the owner owns less than four units in one complex. Where the owner owns four or more such units located in the same complex, only one business registration certificate shall be required. COMPLEX shall have the same definition as that in division (G)(4) above. (6) It shall be unlawful for any property owner, landlord, manager or agent to demand, accept, receive or retain any payment of rent if the unit for which the rent is paid has not applied for and received a business registration certificate under this section. Any person violating any of the provisions or failing to comply with any of the requirements of this section shall be guilty of a misdemeanor (G)Barbershops, manicurist, shampooing or hairdressing parlors. Every person, firm or corporation conducting, carrying on or managing a business consisting principally of a barbershop, manicurist, shampooing or hairdressing parlor and not otherwise specifically covered by other sections of this chapter shall pay a fee established by resolution of the Mayor and CommonCity Council. (H)Motor vehicle sales - new and used. Every person, firm or corporation conducting, carrying on or managing a business consisting principally of selling new and/or used motor vehicles, whether at retail or wholesale, including the sale of parts and services, and not covered by other provisions of this chapter, shall pay a fee established by resolution of the Mayor and CommonCity Council. (Ord. MC-302, passed 9-7-1983; Ord. MC-382, passed 6-20-1984; Ord. MC-817, passed 1-7-1992; Ord. MC-935, passed 4-18-1995; Ord. MC-1231, passed 10-3-2006) § 5.04.526 INCREASED COST OF MUNICIPAL SERVICES. (A) The Mayor and CommonCity Council do find and determine that in the area described in division (E) below, there is a concentration of multi-family residential housing with an excessively high crime rate, including robberies, shootings, murders, attempted murders, gang activity and drug dealings, resulting in higher than usual demand for police services and a high concentration of blight, resulting in a higher than usual need for code enforcement, parking control and other city services related to blight reduction. (B) In the area described in division (E) below, it is determined that the excessive demand of city service is a cost that should not be borne by the general tax payers of the city, but should be the responsibility of those most directly involved who are responsible for the conditions which allow such circumstances to exist and who have the best opportunity to alleviate the problem. (C) The Mayor and CommonCity Council do further find and determine that the existence of an effective home owner’s association tends to mitigate and reduce the existence of the types of crime and blight described in division (A) above due to being closer to the situation and directly involved with the people who are affected by the adverse effects of crime and blight, and are the recipients of improvements in such situations, and due to the fact Packet Page 426 San Bernardino - Business Registration and Regulations32 that those who own or reside in residential property have a greater incentive to care for that property and to make it a safe environment in which to live. (D) Therefore, in the area described in division (E) below, the business registration certificate fee imposed on the operation of rental properties, pursuant to § 5.04.525(F), shall be increased by the amount of $1,000 annually. Provided, however, if the owner of such rental property joins an areawide homeowners association approved by the Mayor and CommonCity Council, and records conditions, covenants and restrictions against the property as approved by the City Attorney, the amount as added by this section shall no longer, such conditions, covenants and restrictions shall relate to maintenance and landscaping standards, parking restrictions, security measures and the right of the homeowners association, or if such association fails to do so, of the city, to enforce such conditions by means of entry, summary abatement, lien and legal action. (E) The property to which this section shall apply is described as follows: those portions of Tract No. 7106 as per plat thereof recorded in Book 90 of Maps, pages 61 and 62, Tract No. 6890 as per plat thereof recorded in Book 88 of Maps, pages 34 and 35, Shays Subdivision as per plat thereof recorded in Book 8 of Maps, page 44, Tract No. 6969 as per plat recorded in Book 90 of Maps, pages 59 and 60, Tract No. 13233 as per plat thereof recorded in Book 191 of Maps, pages 85 and 96, Tract No. 6647 as per plat thereof recorded in Book 86 of Maps, pages 30 and 31, Tract No. 12398 as per plat thereof recorded in Book 171 of Maps, pages 65 and 66, and Tract No. 10353 as per plat thereof recorded in Book 152 of Maps, pages 61 and 62, all records of the County Recorder of said county lying within the following described land: beginning at the intersection of the centerlines of Highland Avenue and Arden Avenue; thence south along the centerline of said Arden Avenue to the easterly prolongation of the south line of that certain east/west alley lying south of and adjacent to the south lines of Lots 41 through 49 of said Tract No. 7106; thence west along said south line of said alley and its westerly prolongation, to the centerline of McKinley Street; thence south along said centerline to the centerline of Roca Street; thence west along said centerline of Roca Street to the northerly prolongation of the east line of that certain north/south alley lying east of and adjacent to the east line of Lot 9 of said Tract No. 12398; thence south along said east line of said alley to the south line of that certain east/west alley lying south of and adjacent to the south lines of Lots 1 through 9 of said Tract No. 12398; thence west along said south line of said alley, the westerly prolongation thereof and along the south line of that certain east/west alley lying south of and adjacent to the south lines of Lots 19 through 32 of said Tract No. 6647, the westerly prolongation thereof and along the south line of Lot I to said Tract No. 6647 and the westerly prolongation thereof, to the centerline of Sterling Avenue; thence north along said centerline to the westerly prolongation of the north line of that certain east/west alley lying north of and adjacent to the north line of Lots 1 through 13 of said Tract No. 10353; thence east along said prolongation and said north line of said alley and the easterly prolongation thereof, to the centerline of Guthrie Street; thence north along said centerline, to the centerline of Highland Avenue; thence east along said centerline to the point of beginning. (Ord. MC-817, passed 1-7-1992) § 5.04.540 STREET BENCHES - LIABILITY POLICY REQUIRED. (A) For every person, firm or corporation engaging in the business of painting, installing, erecting, constructing or maintaining benches which are installed upon the public streets of the city, subject to the provisions hereof, the fee shall be established by resolution of the Mayor and CommonCity Council. (B) It is unlawful to: (1) Place a bench at any location unless prior approval of the Mayor and CommonCity Council has been obtained; (2) Erect, construct or locate or maintain the benches without first filing and maintaining in force and effect a public liability policy of insurance in a reputable company in limits as approved by the Mayor and CommonCity Council; (3) Maintain or erect any benches unless a Packet Page 427 General Provisions and Rates 33 correct list shall be furnished quarterly to the City Clerk setting forth the location of all benches used by the certificate holder; and (4) Locate, erect or place any bench other than at bus stops. (Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.545 CONSTRUCTION BUSINESS - CONTRACTORS. (A) For every person, firm or corporation conducting, managing or carrying on the business of constructing houses, buildings or structures, or bidding or submitting a bid on the construction of houses, buildings or structures, as a general contractor, except as provided in divisions (B) and (C) below, the fee shall be established by resolution of the Mayor and CommonCity Council. (B) For every person, firm or corporation conducting, managing or carrying on the business of an electric wiring contractor; engaged in the business of installing electric wires and electric lighting or heating fixtures in houses or buildings; or bidding or submitting a bid on the installation of electric wires and electric lighting or heating fixtures in houses or buildings, or constituting a master electrician within the meaning of the Electrical Code of the city, the fee shall be established by resolution of the Mayor and CommonCity Council. (C) For every person, firm or corporation conducting, managing or carrying on the business of brick mason, building contractor, building, house moving and house wrecking, cement, concrete, excavating, floor polishing, grading, interior decorating or wallpaper contractor, landscaping, paint, paving, plaster, surfacing, trenching and all other subcontractors, and every person, firm or corporation submitting any bid in connection therewith, the fee shall be established by resolution of the Mayor and CommonCity Council. (D) For every person, firm or corporation engaged in or carrying on the business of plumbing, or submitting any bid in connection therewith, the fee shall be established by resolution of the Mayor and CommonCity Council. (E)CONTRACTOR, within the meaning of this article, is a person, firm, co-partnership, corporation, association or other organization, or any combination of any thereof, who, for a fixed sum, price, fee percentage or other compensation, other than wages, undertakes with another for the construction, alteration, repair, addition to or improvement of any building, highway, road, railroad, excavation or other structure, project, development or improvement other than to personality, or any part thereof; provided that CONTRACTOR, as used in this article, includes subcontractors, but does not include anyone who merely furnishes materials or supplies without fabricating the same into or consuming the same in the performance of the work of the contractor as herein defined. (F) No business registration certificate shall be issued by the City Clerk or any permit issued by the Building Inspector, Plumbing Inspector or City Electrician pursuant to the provisions of any ordinance of the city requiring the issuance of a license or any permit for building construction, plumbing or wiring installation to any contractor unless and until such contractor either exhibits a contractor’s license issued under the authority of and pursuant to the statutes of the state in the proper classification in relationship to the work to be performed or establishes to the satisfaction of the City Clerk, Building Inspector, Plumbing Inspector or City Electrician, as the case may be, that he or she is licensed as a contractor by the state to perform such work in accordance with the law or the rules and regulations of the contractor’s State License Board. Nothing, however, in this section shall be deemed to prohibit the issuance of any such permit to the owner of property upon which a building is being constructed, altered or repaired. (Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.550 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) Packet Page 428 San Bernardino - Business Registration and Regulations34 § 5.04.555 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) § 5.04.560 PAINTING OF HOUSE NUMBERS. For every person, firm or corporation engaged in or carrying on the business of the painting of house numbers on curbs of streets in the city, the fee shall be established by resolution of the Mayor and CommonCity Council. (Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.565 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) § 5.04.570 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) § 5.04.575 CERTIFICATES FOR BUSINESSES NOT OTHERWISE COVERED BY ARTICLE. Each business, show, exhibition or game conducted, operated or carried on in the city, which is not otherwise covered by the provisions of this article, shall be required to apply for and obtain a business registration certificate before doing business in the city and the fee therefor shall be established by resolution of the Mayor and CommonCity Council. (Ord. MC-302, passed 9-7-1983; Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.580 RESERVED. [Reserved] (Repealed by Ord. MC-382, passed 6-20-1984) § 5.04.585 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) § 5.04.590 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) § 5.04.595 SOLICITORS. (A) For every person acting as a solicitor, as defined in division (F) below, the fee shall be established by resolution of the Mayor and CommonCity Council, except for those solicitors acting as agents or representatives of a place of business holding a business registration certificate and established in the city for a period of one year under the same ownership for whom fee rates shall be established and paid based upon the total gross receipts of the business as set forth in § 5.04.525(B). (B) In order to be classified as a business having a business registration certificate and an established place of business in the city for a period of one year under the same ownership, such business shall continuously comply with this section and each of the following requirements. (1) A completely representative stock of the merchandise being solicited shall be on display at the place of business. (2) The established place of business must be open to the public at least eight hours a day, five days a week. (3) A floor salesperson of the company shall be present at all times when the place of business is open. (4) The business or company shall have and maintain at the place a sign of not less than three square feet bearing the name of the firm painted either on the front of the building or on the unscreened glass facing the front street, or the sign shall be affixed to Packet Page 429 General Provisions and Rates 35 the front of the building. (5) Ingress and egress shall be available to the place of business from the main entrance of the building. (C) For every person soliciting as a representative of, or from, or in connection with, any other established place of business, the fee shall be established by resolution of the Mayor and CommonCity Council, in addition to the fee imposed upon the established place of business. (D) Any person, firm or corporation soliciting with a number of solicitors, may elect, at his or her option, to pay a flat rate established by resolution of the Mayor and CommonCity Council. (E) Each certificate holder shall be required to maintain a current list of the name and address of each solicitor working under the certificate and the list and any current changes thereto shall be filed in the office of the City Clerk prior to any solicitation within the city. (F) A SOLICITOR, within the meaning of this section, is defined to be any person who goes from house to house, or from place to place, in the city, selling or taking orders for, or offering to sell or take orders for, goods, wares or merchandise or any article for future delivery, or for service to be performed in the future, or for the making, manufacturing or repairing of any article or thing whatsoever for future delivery. The foregoing definition of a SOLICITOR shall be exclusive and controlling, and the fact that a solicitor may have had previous contacts with the customer through the media of telephone, correspondence, advertising or by person to person conversation, or that he or she may have been invited to the house or place, shall not be a defense to, or excuse for, a violation of any provision of this article, nor affect his or her status as a solicitor. (G) All orders taken by solicitors shall be in writing in duplicate, stating the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser. Each solicitor shall be fingerprinted and photographed by the Police Department. Solicitation shall cease at sundown. (Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.605 RESERVED. [Reserved] (Repealed by Ord. MC-1282, passed 8-19-2008) § 5.04.610 DETERMINATION OF FEE WHEN TWO BUSINESSES INVOLVED. (A) In the event that any person, firm or corporation is conducting, managing or carrying on two or more businesses covered by this article at the same location and under the same management, the fee to be paid by such person, firm or corporation shall be the highest fee provided for in this article, for only one of such businesses; provided, however, in such cases where the fee on one or more of such businesses is based upon the gross annual receipts of such business and the fee on one or more of such businesses is fixed at a definite amount, then the fee shall be paid according to the provisions of this article providing for a fee based upon such gross annual receipts, and the receipt of the business or businesses upon which the fee is fixed at a definite amount shall be included in the gross annual receipts for the business or businesses upon which the fee is based upon the gross annual receipts of such business or businesses unless the fee upon any one of such businesses is greater in amount than the fee of the business or businesses upon which the fee is based upon the gross annual receipts of such business, and in that event the fee paid shall be the highest fee upon any one of such businesses upon which the fee is fixed at a definite amount; provided, further, that in such cases where the fee upon two or more of such businesses are based upon the gross annual receipts of such business, then separate certificates shall be issued for each such business, and the fee paid upon each of such businesses in accordance with the amount of gross annual receipts of each such business. (B) In any event, any person, firm or corporation conducting any business covered under the terms of this article providing for the payment of a fee based upon volume of business, number of persons Packet Page 430 San Bernardino - Business Registration and Regulations36 employed, number of vehicles used or other basis shall make and file the verified statements provided for in this article except as otherwise provided for in this article. (Ord. MC-817, passed 1-7-1992) § 5.04.615 SEPARATE CERTIFICATES FOR SEPARATE LOCATIONS. In the event any person, firm or corporation is conducting, managing or carrying on two or more businesses at separate locations, each location is, for the purpose of this article, deemed a separate business in computing and fixing the fee; provided, however, that warehouses and distributing plants located in the city used in connection with and incidental to a business for which a registration certificate has been issued to an address located within the city shall not be deemed to be branch establishments or separate locations; provided, further, that no business transactions shall be carried on in such incidental or supplemental warehouses or distributing plants. (Ord. MC-817, passed 1-7-1992; Ord. MC-935, passed 4-18-1995) § 5.04.620 FEE FOR VEHICLES USED IN CONDUCTING BUSINESS. Every person, firm or corporation conducting, managing or carrying on any business of any kind in the city and employing vehicles, automobiles or motor vehicles in the conduct of such business shall pay a fee established by resolution of the Mayor and CommonCity Council for each such vehicle, automobile or motor vehicle used in such business within the corporate limits of the city; provided, however, that this section shall not apply to any person, firm or corporation holding a certificate for any such business under any other provision of this article. (Ord. MC-744, passed 10-8-1990; Ord. MC-817, passed 1-7-1992) § 5.04.625 APPLICABILITY OF CHAPTER TO EXEMPT PERSONS. Nothing contained in this article shall be deemed or construed as applying to any person, firm or corporation conducting, managing or carrying on, or engaged in any business or occupation exempt from taxation by municipal corporations, by virtue of § 14, Article XIII of the California Constitution, or by the U.S. Constitution. (Ord. MC-817, passed 1-7-1992) § 5.04.626 EXEMPTION - VETERANS. Every peddler, solicitor or other person claiming to be entitled to exemption from the payment of any fee provided for in this chapter upon the ground that he or she is an honorably discharged or released soldier, sailor or marine of the United States or Confederate States who is physically unable to obtain a livelihood by manual labor and who shall be a qualified elector of the state or otherwise evidences residency within the state, as provided in the laws of this state, shall, in addition to any other information required by this chapter, file with the City Clerk’s office a certificate of a regularly licensed and practicing physician dated within a month of said application, to the effect that said applicant is physically unable to obtain a livelihood by manual labor, and stating the nature of said incapacitation; verification that the applicant is an honorably discharged veteran of the United States or Confederate States, and verification that the applicant is a registered voter of this state or otherwise evidences residency within the state. Upon proof of the foregoing, the City Clerk shall issue, without charge, a certificate to a qualified applicant to solicit, sell, hawk, peddle or vend his or her goods. Certificate holders under the provisions of this section shall be required to comply with all other provisions of this chapter. Any certificate issued hereunder shall be personal to the veteran, and shall not authorize soliciting, selling, hawking, peddling or vending by an agent, employee or representative of the veteran. The certificate shall also be limited to hawking, peddling and vending goods and merchandise owned by the veteran personally. (Ord. MC-817, passed 1-7-1992) § 5.04.630 APPLICABILITY OF CHAPTER TO Packet Page 431 General Provisions and Rates 37 NON-PROFIT ORGANIZATIONS. The provisions of this article relating to business registration certificates and fees therefor shall not apply to any bona fide non-profit charitable, fraternal or religious corporation, association, institution or organization when the proceeds of the activities covered by the exemption are to be used for the lawful purposes of the organization; provided, however, that no exemption under this article shall be valid unless application therefor has been made in writing to the City Clerk, and a certificate of exemption issued by the City Clerk, which certificate shall cover a period of no more than one year from date thereof, and shall be displayed or available for presentment to any enforcement officer of the city on request, on the premises covered by the certificate; and provided, further, that no exemption shall be granted under this article when any person, firm, concern or organization not meeting the foregoing qualifications receives any share or interest in the activities proposed to be covered by the exemption, or the proceeds or income therefrom. (Ord. MC-817, passed 1-7-1992) § 5.04.635 RESERVED. [Reserved] (Repealed by Ord. MC-460, passed 5-15-1985) § 5.04.640 APPLICABILITY OF CRIMINAL AND REGULATORY PROCEDURES. Nothing provided in this article shall prevent criminal prosecutions as otherwise provided by law, or the application of any regulatory procedures in instances where the field is not preempted by state law. (Ord. MC-817, passed 1-7-1992; Ord. MC-991, passed 2-19-1997) § 5.04.645 FEES FOR REVENUE PURPOSES. Any fees provided for in this article which are applicable to a person, firm or corporation licensed by the state are for revenue and not regulatory purposes. (Ord. MC-817, passed 1-7-1992) § 5.04.650 SUSPENSION, CANCELLATION OR REVOCATION OF CERTIFICATES. (A) Any certificate issued pursuant to the provisions of this article or any amendment thereof or of any ordinance for the conducting of business may be suspended, canceled or permanently revoked for good cause by the Mayor and CommonCity Council; provided that notice of the time and place of the hearing and a general statement of the nature of the grounds for good cause shall be given to the certificate holder by the City Clerk at least ten days before such hearing by personal service upon the certificate holder or by certified mail to the last known address of such certificate holder. The certificate holder may be represented by his or her attorney at law at the hearing. (B) (1) The determination of the Mayor and CommonCity Council that good cause for the suspension, cancellation or revocation of such exists shall be conclusive. (2) Good cause for such suspension, cancellation or revocation shall include, but is not limited to, the following grounds: (a) The existence of unsanitary conditions, noise, disturbances or other conditions at or near the premises which cause, or tend to cause, a public nuisance, or which injuriously affect the public health, safety or welfare; (b) The commission of, or permitting or causing the commission of, any act in the operation of the business, which act is made unlawful or is prohibited by any ordinance, rule or law of the city, state or federal government; (c) Unfair, unjust, inequitable or fraudulent practices in the operation of the business or concealment or misrepresentation in procuring the certificate or other permit required for such business; and Packet Page 432 San Bernardino - Business Registration and Regulations38 (d) The omission or causing or permitting the omission or any act or duty which is required by this code or other law to be performed by the certificate holder or any officer, employee or agent thereof, in the operation of the business or any misrepresentation made in the performance of such act or duty. (Ord. MC-817, passed 1-7-1992) § 5.04.655 DUTY OF AUDITOR. It shall be the duty of the auditor employed by the city to audit the books and records of the city to make annually a test check of the payment of fees as required by this article and said auditor shall report the result of the test check to the Mayor. (Ord. MC-817, passed 1-7-1992) § 5.04.660 RESERVED. [Reserved] (Repealed by Ord. MC-302, passed 9-7-1983) Packet Page 433 CHAPTER 5.05: MEDICAL MARIJUANA DISPENSARIES (Repealed by Ord. MC-1464, passed 3-7-2018) 39 Packet Page 434 San Bernardino - Business Registration and Regulations40 Packet Page 435 CHAPTER 5.08: RESERVED (Repealed by Ord. MC-294, passed 8-3-1983) 41 Packet Page 436 San Bernardino - Business Registration and Regulations42 Packet Page 437 CHAPTER 5.10: COMMERCIAL CANNABIS ACTIVITIES Section 5.10.010 Purpose and intent 5.10.020 Legal authority 5.10.030 Commercial cannabis activities prohibited unless specifically authorized by this chapter 5.10.040 Compliance with laws 5.10.050 Definitions 5.10.060 Commercial cannabis business permit required to engage in commercial cannabis business 5.10.070 Cannabis employee requirements 5.10.080 Maximum number and type of authorized commercial cannabis businesses permitted 5.10.090 Initial application procedure 5.10.100 Persons prohibited from holding a commercial cannabis business permit or being employed by a commercial cannabis business 5.10.110 Expiration of commercial cannabis business permits 5.10.120 Revocation of permits 5.10.130 Renewal applications 5.10.140 Effect of state license suspension, revocation or termination 5.10.150 Appeals 5.10.160 Written request for appeal 5.10.170 Appeal hearing 5.10.180 Commercial cannabis business permittee selection process 5.10.190 Updated information 5.10.200 Change in ownership or location 5.10.210 City business registration certificate 5.10.220 Building permits and inspection 5.10.230 Certification from the Director of Community Development and Housing 5.10.240 Right to occupy and to use property 5.10.250 Location and design of cannabis businesses 5.10.260 Limitations on city’s liability 5.10.270 Records and record-keeping 5.10.280 Security measures 5.10.290 Restriction on alcohol and tobacco sales 5.10.300 Fees and charges 5.10.310 Miscellaneous operating requirements 5.10.320 Other operational requirements 5.10.330 Operating requirements for retailer facilities; delivery 5.10.340 Operating requirements for commercial cultivation facilities 5.10.350 Operating requirements for testing labs 5.10.360 Cannabis manufacturing: edibles and other cannabis products; sale or distribution of edible and other cannabis products 5.10.370 Promulgation of regulations, standards and other legal duties 5.10.380 Community relations 5.10.390 Fees deemed debt to the city 5.10.400 Permittee responsible for violations 5.10.410 Inspection and enforcement 5.10.420 Compliance with state regulation 5.10.425 Integrity provision 5.10.430 Violations declared a public nuisance 5.10.440 Each violation a separate offense 5.10.450 Criminal penalties 5.10.460 Remedies cumulative and not exclusive § 5.10.010 PURPOSE AND INTENT. 43 Packet Page 438 San Bernardino - Business Registration and Regulations44 It is the purpose and intent of this chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) to accommodate the needs of medically-ill persons and provide access to cannabis for medicinal purposes as recommended by their health care provider(s) and to provide access to adult use for persons over the age of 21 as authorized by the Control, Tax and Regulate the Adult Use Cannabis Act (“AUMA” or “Proposition 64” passed by California voters in 2016), while imposing sensible regulations on the use of land to protect the city’s residents, neighborhoods and businesses from disproportionate and potentially deleterious negative impacts. As such, it is the purpose and intent of this chapter to regulate the cultivation, processing, manufacturing, testing, sale, delivery, distribution and transportation of medicinal and adult use cannabis and cannabis products in a responsible manner to protect the health, safety and welfare of the residents of the city and to enforce rules and regulations consistent with state law. It is the further purpose and intent of this chapter to require all commercial cannabis operators to obtain and renew, annually, a permit to operate within the city. Nothing in this chapter is intended to authorize the possession, use or provision of cannabis for purposes, or in any manner, that violates state or federal law. The provisions of this chapter are in addition to any other permits, licenses and approvals which may be required to conduct business in the city, and are in addition to any permits, licenses and approval required under state, city or other law. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) Statutory reference: Medicinal and Adult Use Cannabis Regulation and Safety Act, see Cal. Business and Professions Code, §§ 26000 et seq. Proposition 64, the initiative known as the Control, Tax and Regulate the Adult Use Cannabis Act, No. 15-0103, see Cal. Health and Safety Code, §§ 11362.1 et seq. and Cal. Business and Professions Code, §§ 26000 et seq. § 5.10.020 LEGAL AUTHORITY. Pursuant to §§ 5 and 7 of Article XI of the California Constitution, the provisions of MAUCRSA, any subsequent state legislation and/or regulations regarding the same, and the City Charter, the Mayor and City Council are authorized to adopt ordinances that establish standards, requirements and regulations for the licensing and permitting of commercial medicinal and adult use cannabis activity. Any standards, requirements and regulations regarding health and safety, security, reporting and worker protections established by the state, or any of its departments or divisions, shall be the minimum standards applicable in the city to all commercial cannabis activity. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.030 COMMERCIAL CANNABIS ACTIVITIES PROHIBITED UNLESS SPECIFICALLY AUTHORIZED BY THIS CHAPTER. Except as specifically authorized in this chapter, the commercial cultivation, manufacture, processing, storing, laboratory testing, labeling, sale, delivery, distribution or transportation (other than as provided under the Cal. Business and Professions Code, § 26090(e)) of cannabis or cannabis product is expressly prohibited in the city. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.040 COMPLIANCE WITH LAWS. Nothing in this chapter shall be construed as authorizing any actions that violate federal, state or local law with respect to the operation of a commercial cannabis business. It shall be the responsibility of the owners, the operators and the employees of the commercial cannabis business to ensure that the commercial cannabis business is, at all times, Packet Page 439 Commercial Cannabis Activities 45 operating in a manner compliant with all applicable federal, state and local laws, including for as long as applicable, the Compassionate Use Act (“Proposition 215”), the Medical Marijuana Program Act (“MMPA”) and the 2008 Attorney General Guidelines for the Security and Non-Diversion of Cannabis for Medical Purposes (“AG Guidelines”) (collectively “the Medical Cannabis Collective Laws”), any subsequently enacted state law or regulatory, licensing or certification requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of the commercial cannabis business permit. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) Cross-reference: Commercial cannabis business permittee selection process, see § 5.10.180 Statutory reference: Compassionate Use Act, see Cal. Health and Safety Code, Division 10, Chapter 6, Article 2, § 11362.5 Medical Marijuana Program Act (“MMPA”), see Cal. Health and Safety Code, §§ 11362.7 through 11362.85 § 5.10.050 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Any reference to state statutes includes any regulations promulgated thereunder, and is deemed to include any successor or amended version of the referenced statute or regulatory provision. A-LICENSE. A state license issued under the Cal. Business and Professions Code, Division 10 for cannabis or cannabis products that are intended for adults 21 years of age and over and who do not possess physician’s recommendations. A-LICENSEE. Any person holding a license under the Cal. Business and Professions Code, Division 10 for cannabis or cannabis products that are intended for adults 21 years of age and over and who do not possess physician’s recommendations. ADULT USE OF CANNABIS ACT (AUMA), or the CONTROL, TAX AND REGULATE THE ADULT USE CANNABIS ACT or PROPOSITION 64. The initiative known as the Control, Tax and Regulate the Adult Use Cannabis Act, No. 15-0103, see Cal. Health and Safety Code, § 11362.1 et seq. and Cal. Business and Professions Code, § 26000 et seq. APPLICANT. A person applying for a permit pursuant to this chapter. BUREAU. The Bureau of Cannabis Control within the Department of Consumer Affairs, formerly named the Bureau of Marijuana Control, the Bureau of Medical Cannabis Regulation and the Bureau of Medical Marijuana Regulation. CANNABIS. All parts of the Cannabis sativa Linnaeus, Cannabis indica or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. CANNABIS also means the separated resin, whether crude or purified, obtained from CANNABIS. CANNABIS does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this definition, CANNABIS does not mean industrial hemp, as defined by the Cal. Health and Safety Code, § 11018.5. CANNABIS CONCENTRATE. Cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this division. A CANNABIS CONCENTRATE is not considered food, as defined by the Cal. Health and Safety Code, § 109935, or drug, as defined by the Cal. Health and Safety Code, § 109925. CANNABIS PRODUCT. A product containing cannabis, including, but not limited to, manufactured Packet Page 440 San Bernardino - Business Registration and Regulations46 cannabis, intended to be sold for use by cannabis patients in the state pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at the Cal. Health and Safety Code, § 11362.5 (as the same may be amended from time to time) or pursuant to the Adult Use of Cannabis Act. For purposes of this chapter, “cannabis” does not include industrial hemp, as defined by the Cal. Food and Agricultural Code, § 81000 or the Cal. Health and Safety Code, § 11018.5. CANOPY. The designated area(s) at a premises, except nurseries, that will contain mature plants at any point in time. (1)CANOPY shall be calculated in square feet and measured using clearly identifiable boundaries of all areas(s) that will contain mature plants at any point in time, including all of the space(s) within the boundaries; and (2)CANOPY may be non-contiguous but each unique area included in the total canopy calculation shall be separated by an identifiable boundary which includes, but is not limited to: interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedgerows, fencing, garden beds or garden plots; and if mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total CANOPY calculation. CAREGIVER or PRIMARY CAREGIVER. Have the same meaning as that term is defined in the Cal. Health and Safety Code, § 11362.7. CITY. The City of San Bernardino, a California charter city. COMMERCIAL CANNABIS ACTIVITY. Includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for in this chapter. COMMERCIAL CANNABIS BUSINESS. Any person which engages in commercial cannabis activity. COMMERCIAL CANNABIS BUSINESS PERMIT. A regulatory permit issued by the city pursuant to this chapter to a commercial cannabis business, and is required before any commercial cannabis activity may be conducted in the city. The initial permit and annual renewal of a COMMERCIAL CANNABIS BUSINESS PERMIT is made expressly contingent upon the business’ ongoing compliance with all of the requirements of this chapter and any regulations adopted by the city governing the commercial cannabis activity at issue. COMPASSIONATE USE ACT (PROPOSITION 215). The Compassionate Use Act of 1996, found at the Cal. Health and Safety Code, § 11362.5. CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of cannabis. CULTIVATION SITE. A location where cannabis is planted, grown, harvested, dried, cured, graded or trimmed, or a location where any combination of those activities occurs. CUSTOMER. A natural person 21 years of age or over or a natural person 18 years of age or older who possesses a physician’s recommendation. DAYCARE CENTER. Has the same meaning as in the Cal. Health and Safety Code, § 1596.76. DELIVERY. The commercial transfer of cannabis or cannabis products to a customer. DELIVERY also includes the use by a retailer of any technology platform owned and controlled by the retailer. DEPARTMENT. The consolidated Department of Cannabis Control enacted with AB 141 (2021). DISPENSING. Any activity involving the retail sale of cannabis or cannabis products from a retailer. DISTRIBUTION. The procurement, sale and transport of cannabis and cannabis products between licensees. DISTRIBUTOR. A person holding a valid commercial cannabis business permit issued by the City of San Bernardino, and a valid state license for Packet Page 441 Commercial Cannabis Activities 47 distribution, required by state law to engage in the business of purchasing cannabis from a licensed cultivator, or cannabis products from a licensed manufacturer, for sale to a licensed retailer. DRIED FLOWER. All dead cannabis that has been harvested, dried, cured or otherwise processed, excluding leaves and stems. EMPLOYEE. Any natural person who is employed or retained as an independent contractor by any permittee in consideration for direct or indirect monetary wages or profit, or any natural person who volunteers his or her services for an employer. FIRE DEPARTMENT. Has the same meaning as in § 2.12.020. HARVEST BATCH. A specifically identified quantity of dried flower or trim, leaves and other cannabis plant matter that is uniform in strain, harvested at the same time and, if applicable, cultivated using the same pesticides and other agricultural chemicals, and harvested at the same time. LABELING. Any label or other written, printed or graphic matter upon a cannabis product, upon its container. LICENSE. A permit or license issued by the State of California, or one of its departments or divisions, under the Cal. Business and Professions Code, Division 10, to engage in commercial cannabis activity, including both an A-license and an M-license, as well as a testing laboratory license. LICENSEE. Any person holding a state license under the Cal. Business and Professions Code, Division 10, regardless of whether the license held is an A-license or an M-license, and includes the holder of a testing laboratory license. LICENSING AUTHORITY. The state agency responsible for the issuance, renewal or reinstatement of the license, or the state agency authorized to take disciplinary action against the licensee. LIVE PLANTS. Living cannabis flowers and plants, including seeds, immature plants and vegetative stage plants. M-LICENSE. A state license issued for commercial cannabis activity involving medicinal cannabis. M-LICENSEE. Any person holding a license for commercial cannabis activity involving medicinal cannabis. MANUFACTURE. To compound, blend, extract, infuse or otherwise make or prepare a cannabis product. MANUFACTURED CANNABIS. Raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, extraction or other manufactured product intended for internal consumption through inhalation or oral ingestion or for topical application. MANUFACTURER. A person issued a valid commercial cannabis business permit by the City of San Bernardino and a valid state license as required, that conducts the production, preparation, propagation or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or container. MAUCRSA. The Medicinal and Adult Use Cannabis Regulation and Safety Act, Cal. Business and Professions Code, Division 10, commencing with § 26000. MEDICINAL CANNABIS or MEDICINAL CANNABIS PRODUCT. Cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at the Cal. Health and Safety Code, § 11362.5, by a medicinal cannabis patient in California who possesses a physician’s recommendation. NON-VOLATILE SOLVENT. Any solvent used in the extraction process that is not a volatile solvent. For purposes of this chapter, a NON-VOLATILE Packet Page 442 San Bernardino - Business Registration and Regulations48 SOLVENT includes carbon dioxide (CO2) used for extraction and ethanol used for extraction or post extraction processing. NURSERY. A person issued a valid commercial cannabis business permit from the City of San Bernardino and a valid state license as required that produces only clones, immature plants, seeds and other agricultural products used specifically for the propagation and cultivation of cannabis. OPERATION. Any act for which a commercial cannabis business permit is required under the provisions of this chapter or any commercial transfer of cannabis or cannabis products. OWNER. Any of the following: (1) A person with an aggregate ownership interest of 20% or more in the person applying for a license or a licensee, unless the interest is solely a security, lien or encumbrance; (2) The Executive Director of a non-profit or other entity; (3) A member of the board of directors of a non-profit; and (4) An individual who will be participating in the direction, control or management of the person applying for a commercial cannabis business permit or who has a financial interest in the commercial cannabis business other than a fixed lease of real property. PACKAGE. Any container or receptacle used for holding cannabis or cannabis products. PATIENT or QUALIFIED PATIENT. Shall have the same definition as Cal. Health and Safety Code, §§ 11362.7 et seq., as it may be amended, and which means a person who is entitled to the protections of Cal. Health and Safety Code, § 11362.5. PERMIT. A commercial cannabis business permit issued by the City of San Bernardino under this chapter. PERMITTEE. Any person holding a permit under this chapter. PERSON. Includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate or any other group or combination acting as a unit, and the plural as well as the singular. PHYSICIAN’S RECOMMENDATION. A recommendation by a physician and surgeon that a patient use cannabis provided in accordance with the Compassionate Use Act of 1996 (Proposition 215) found at the Cal. Health and Safety Code, § 11362.5. PREMISES. The designated structure or structures and land specified in the application that is owned, leased or otherwise held under the control of the applicant or permittee where the commercial cannabis activity will be or is conducted. The PREMISES shall be a contiguous area and shall only be occupied by one permittee. PURCHASER. The customer who is engaged in a transaction with a permittee for purposes of obtaining cannabis or cannabis products. RETAILER. A commercial cannabis business that offers cannabis, cannabis products or devices for the use of cannabis or cannabis products, either individually or in any combination, for retail sale, including an establishment (whether fixed or mobile) that delivers, pursuant to express authorization, cannabis and cannabis products as part of a retail sale, and where the operator holds a valid commercial cannabis business permit from the City of San Bernardino authorizing the operation of a RETAILER, and a valid state license as required by state law to operate a RETAILER. SELL, SALE and TO SELL. Include any transaction whereby, for any consideration, title to cannabis or cannabis products are transferred from one person to another, and includes the delivery of Packet Page 443 Commercial Cannabis Activities 49 cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return by the original purchaser to the location where the product was purchased. TESTING LABORATORY. A laboratory, facility or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following: (1) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state; and (2) Holds a valid commercial cannabis business permit from the city and a state license as required. TRANSPORT. The transfer of cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity. YOUTH CENTER. Has the same meaning as in the Cal. Health and Safety Code, § 11353.1. VOLATILE SOLVENT. Any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. Examples of VOLATILE SOLVENTS include, but are not limited to, butane, hexane and propane. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.060 COMMERCIAL CANNABIS BUSINESS PERMIT REQUIRED TO ENGAGE IN COMMERCIAL CANNABIS BUSINESS. (A) (1) No person may engage in any commercial cannabis business or in any commercial cannabis activity within the city, including cultivation, manufacture, processing, laboratory testing, transporting, dispensing, special events, distribution or sale of cannabis or a cannabis product unless the person: (a) Has a valid commercial cannabis business permit from the city; (b) Has a valid state seller’s permit; and (c) Is currently in compliance with all applicable state and local laws and regulations pertaining to the commercial cannabis business and the commercial cannabis activities, including the duty to obtain a city business registration certificate and any required state licenses. (2) Engaging in a commercial cannabis business or in any commercial cannabis activity includes establishing, owning, managing, conducting, leasing to, operating, causing, permitting, aiding, abetting, suffering or concealing the fact of such an act. (B) Until Cal. Health and Safety Code, § 11362.775(a) is repealed, the city intends that persons eligible to operate collectives or cooperatives under that subdivision shall be eligible to apply for a city conditional permit to conduct commercial cannabis activities, but only to the degree those activities are authorized under state law for collectives and cooperatives. When the Cal. Health and Safety Code, § 11362.775(a) is repealed, or as soon as collectives and cooperatives are no longer permitted to engage in commercial cannabis activity without a state license under state law, any conditional permit issued to a commercial cannabis business that has not obtained a state license for the commercial cannabis activities shall expire and shall be null and void. Such businesses shall no longer be authorized to engage in any commercial cannabis activities in the city until they obtain both a city issued commercial cannabis business permit and a state license for that commercial cannabis activity. Packet Page 444 San Bernardino - Business Registration and Regulations50 (C) No temporary events shall be permitted at a state designated fair, as that term is defined in Cal. Business and Professions Code, § 19418(a), unless the state designated fair has complied with the requirements of division (A) above and the temporary event is authorized pursuant to a development agreement with the city approved in accordance with Chapter 19.40. Temporary events are prohibited citywide except at a state designated fair. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.070 CANNABIS EMPLOYEE REQUIREMENTS. (A) Any person who is an employee within a commercial cannabis business must be legally authorized to do so under applicable state law. (B) A commercial cannabis business shall keep the following records of each of its employees on file at the premises of the business: (1) Name, address and phone number of the employee; (2) Age and verification of employee. A copy of a birth certificate, driver’s license, government issued identification card, passport or other proof that the applicant is at least 21 years of age must be on file with the business; (3) A list of any crimes enumerated in Cal. Business and Professions Code, § 26057(b)(4) for which the employee has been convicted; (4) Name, address and contact person for all previous employers of the employee for the last ten years, including, but not limited to, all employers from which the applicant was fired, resigned or asked to leave and the reasons for such dismissal or firing; (5) The fingerprints and a recent photograph of the employee; and (6) If applicable, verification that the employee is a qualified patient or primary caregiver. (D) The permittee shall provide to the Chief of Police, or his or her designee, upon request, the records described in division (B) above. The Chief of Police, or his or her designee, may review the records and may conduct a background check to determine whether the employee has been convicted of a crime that shows the employee: (1) Is dishonest; (2) Has committed a felony or misdemeanor involving fraud, deceit or embezzlement; (3) Was convicted of a violent felony, a crime of moral turpitude; or (4) The illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, being 21 U.S.C. §§ 801 et seq., except for cannabis related offenses for which the conviction occurred after the passage of the Compassionate Use Act of 1996. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) Editor’s note: Section 5.10.070(C) is not given in texts of either Ord. MC-1464, passed 3-7-2018 or of Ord. MC-1503, passed 9-5-2018. § 5.10.080 MAXIMUM NUMBER AND TYPE OF AUTHORIZED COMMERCIAL CANNABIS BUSINESSES PERMITTED. The number of each type of commercial cannabis business that shall be permitted to operate in the city shall be established by resolution of the Mayor and City Council but at no time shall the total number of permits for all license types exceed one permit per 12,500 residents of the city as determined by the most recent “Population Estimates for Cities, Counties and the State Report” generated by the State Department of Packet Page 445 Commercial Cannabis Activities 51 Finance and Management Services for the most recent year, unless the Mayor and City Council adopt an ordinance allowing for a greater number of total permits. (A) This chapter is only intended to create a maximum number of commercial cannabis businesses that may be issued permits to operate in the city. Nothing in this chapter creates a mandate that the Mayor and City Council must issue any or all of the commercial cannabis business permits if it is determined that the applicants do not meet the standards which are established in the application requirements or further amendments to the application process or that the Mayor and City Council, upon further deliberation, determines that the issuance of any or all commercial cannabis business permits will impact the public safety, welfare or other policy concerns which may be detrimental in the issuance of these permits. (B) Each year following the Mayor and City Council’s initial award of permits, if any, or at any time in the Mayor and City Council’s discretion, the Mayor and City Council may reassess the number of commercial cannabis business permits which are authorized for issuance to each business type. The Mayor and City Council, in its discretion, may determine by resolution that the number of each type of commercial cannabis permits should be reduced, stay the same or be expanded. (C) In accordance with the first paragraph of this section, the City Council has elected to increase the maximum number of cannabis permits that can be lawfully awarded in accordance with the population formula set forth in this section as follows: the city may award up to 17 retail business permits. This maximum number of retail business permits shall include all awarded microbusiness permits so that there are no more than a total of 17 retail and microbusiness permits, which include a retail component. The city may award an unlimited number of cannabis business permits for other types of cannabis businesses in accordance with the restrictions set forth in this chapter, applicable guidelines adopted in accordance with this chapter and any zoning regulations adopted by the City Council. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018; Ord. MC-1541, passed 9-2-2020; Ord. MC-1625, passed 2-21-2024) § 5.10.090 INITIAL APPLICATION PROCEDURE. (A) The Mayor and City Council shall adopt, by resolution, the procedures to govern the application process, and the manner in which the decision will ultimately be made regarding the issuance of any commercial cannabis business permit(s), which resolution shall include or require the City Manager to provide detailed objective review criteria to be evaluated on a point system or equivalent quantitative evaluation scale tied to each set of review criteria (“review criteria”), which shall require any applicable environmental review pursuant to the Cal. Public Resources Code, Division 13 (commencing with § 21000), as contemplated by Cal. Business and Professions Code, § 26055(h). The resolution shall authorize the City Manager, or his or her designee(s), to prepare the necessary forms; adopt any necessary rules to the application, regulations and processes; solicit applications; conduct initial evaluations of the applicants; and to ultimately provide a final recommendation to the Mayor and City Council. (B) At the time of filing, each applicant shall pay an application fee established by resolution of the Mayor and City Council to cover all costs incurred by the city in the application process. (C) After the initial review, ranking and scoring under the review criteria, the City Manager, or his or her designee(s), will make a recommendation to the Mayor and City Council, and the Mayor and City Council shall make a final determination in accordance with § 5.10.180. (D) The city’s reservation of rights. Packet Page 446 San Bernardino - Business Registration and Regulations52 (1) The city reserves the right to reject any or all initial applications. Prior to permit issuance, the city may also modify, postpone or cancel any request for applications, or the entire program under this chapter, at any time without liability, obligation or commitment to any party, firm or organization, to the extent permitted by law. Persons submitting applications assume the risk that all or any part of the program, or any particular category of permit potentially authorized under this chapter, may be cancelled at any time prior to permit issuance. The city further reserves the right to request and obtain additional information from any candidate submitting an application. (2) In addition to any other justification provided, including a failure to comply with other requirements in this chapter, an application risks being rejected for any of the following reasons: (a) The application was received after the designated time and date; (b) The application did not contain the required elements, exhibits nor organized in the required format; or (c) The application was not considered fully responsive to the request for permit application. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.100 PERSONS PROHIBITED FROM HOLDING A COMMERCIAL CANNABIS BUSINESS PERMIT OR BEING EMPLOYED BY A COMMERCIAL CANNABIS BUSINESS. No person may hold a commercial cannabis business permit, or be employed by a commercial cannabis business, in the city, if any of the following conditions exist: (A) The applicant, permittee or employee has been denied a commercial cannabis business permit, or similar license, or has had such a permit or license suspended or revoked by any city, county, city and county or any state cannabis licensing authority; (B) The applicant, permittee, employee or the owner of the property upon which the proposed commercial cannabis activity is to occur was either convicted of, pled guilty or nolo contendere to or has been found by the city’s hearing officer pursuant to Chapters 9.92 or 9.93 to be responsible for conducting commercial cannabis activity in non-compliance with Title 19, other city ordinances, codes and requirements, or state law, and they failed to discontinue operating in a timely manner; or (C) The applicant, permittee or employee, or the owner of the property upon which the proposed commercial cannabis activity is to occur, was found by the appropriate taxing agency to have been in non-compliance with federal, state or local tax laws or failed to report income from commercial cannabis activities to federal, state or local government in violation of law. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.110 EXPIRATION OF COMMERCIAL CANNABIS BUSINESS PERMITS. Each commercial cannabis business permit issued pursuant to this chapter shall expire three years after the date of its issuance. Commercial cannabis business permits may be renewed as provided in this chapter. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.120 REVOCATION OF PERMITS. Commercial cannabis business permits may be suspended or revoked by the City Manager, or his or her designee, for any violation of any law and/or any rule, regulation and/or standard adopted pursuant to this chapter. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) Packet Page 447 Commercial Cannabis Activities 53 § 5.10.130 RENEWAL APPLICATIONS. (A) An application for renewal of a commercial cannabis business permit shall be filed at least 60 calendar days prior to the expiration date of the current permit. (B) The renewal application shall contain all the information required for new applications. (C) The applicant shall pay a fee in an amount to be set by resolution of the Mayor and City Council to cover the costs of processing the renewal permit application, together with any costs incurred by the city to administer the program created under this chapter. (D) An application for renewal of a commercial cannabis business permit shall be rejected if any of the following exists: (1) The application for renewal is filed less than 60 days before the expiration of the commercial cannabis business permit; (2) The commercial cannabis business permit is suspended or revoked at the time of the application; (3) The commercial cannabis business has not been in regular and continuous operation in the four months prior to the renewal application; (4) The commercial cannabis business has failed to conform to the requirements of this chapter or of any regulations adopted pursuant to this chapter; (5) The permittee fails or is unable to renew its state license; or (6) If the city has determined, based on substantial evidence, that the permittee or applicant is in violation of the requirements of this chapter, of the municipal code or of the state rules and regulations, and the city or state has determined that the violation is grounds for termination or revocation of the commercial cannabis business permit. (E) The Director of Community Development and Housing, or his or her designee(s), is authorized to make all decisions concerning the issuance of a renewal permit. In making the decision, the Director of Community Development and Housing, or his or her designee(s), is authorized to impose additional conditions to a renewal permit, if it is determined to be necessary to ensure compliance with state or local laws and regulations or to preserve the public health, safety or welfare. Appeals from the decision of the Director of Community Development and Housing, or his or her designee(s), shall be handled pursuant to §§ 5.10.150, 5.10.160 and 5.10.170. (F) If a renewal application is rejected, a person may file a new application pursuant to this chapter no sooner than one year from the date of the rejection. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018; Ord. MC-1625, passed 2-21-2024) § 5.10.140 EFFECT OF STATE LICENSE SUSPENSION, REVOCATION OR TERMINATION. Suspension of a license issued by the state, or by any of its departments or divisions, shall immediately suspend the ability of a commercial cannabis business to operate within the city, until the state, or its respective department or division, reinstates or reissues the state license. Should the state, or any of its departments or divisions, revoke or terminate the license of a commercial cannabis business, such revocation or termination shall also revoke or terminate the ability of a commercial cannabis business to operate within the city. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) Packet Page 448 San Bernardino - Business Registration and Regulations54 § 5.10.150 APPEALS. Unless specifically provided elsewhere to the contrary, any determination of the Chief of Police or Director of Community Development and Housing, or the designees of either of them, may only be appealed to the City Manager, which decision shall be final. The City Manager may delegate the appeal to the city’s administrative law officer (“hearing officer”) appointed in conformity with Chapter 9.92, in which case, the decision of the hearing officer shall be final. All decisions of the Mayor and City Council, City Manager or hearing officer under this chapter shall be final. All appeals shall be conducted as prescribed in this section and §§ 5.10.160 and 5.10.170. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018; Ord. MC-1625, passed 2-21-2024) § 5.10.160 WRITTEN REQUEST FOR APPEAL. (A) Within ten calendar days after the date of the determination, an aggrieved party may appeal such determination by filing a written appeal with the City Clerk setting forth the reasons why the determination was not proper. If no appeal of a determination is made within ten days of the date of the determination, the determination shall be final. (B) At the time of filing, the appellant shall pay the designated appeal fee, established by resolution of the Mayor and City Council from time to time. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.170 APPEAL HEARING. (A) Upon receipt of the written appeal, the City Clerk shall set the matter for a hearing before the City Manager, or if the appeal has been delegated to the hearing officer, before the hearing officer. The City Manager or hearing officer shall hear the matter de novo and shall conduct the hearing pursuant to the procedures set forth by the city. (B) The appeal shall be held within a reasonable time after the filing the appeal, but in no event later than 90 calendar days from the date of such filing. The city shall notify the appellant of the time and location at least ten calendar days prior to the date of the hearing. (C) At the hearing, the appellant may present any information they deem relevant to the determination appealed. The formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing. (D) At the conclusion of the hearing, the City Manager or hearing officer may affirm, reverse or modify the decision appealed. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.180 COMMERCIAL CANNABIS BUSINESS PERMITTEE SELECTION PROCESS. (A) The Mayor and City Council shall adopt, by resolution, a procedure guideline and review criteria by which the top applicants in each category of each commercial cannabis business will be presented to the Mayor and City Council for a final determination at a public hearing. (B) The top final applicants for each category may be invited to attend the Mayor and City Council meeting, only if requested by the City Manager, or his or her designee, where they may be expected to make a public presentation introducing their team and providing an overview of their proposal. In order to provide adequate time, presentations may be divided over more than one meeting over multiple days as determined to be necessary. (C) At least ten calendar days prior to the hearing, notice of the hearing shall be sent to all Packet Page 449 Commercial Cannabis Activities 55 property owners located within 600 feet of the proposed business locations of each of the finalists to be considered by the Mayor and City Council. (D) The Mayor and City Council shall either deny or approve the final candidates and shall select the top candidates in each category of the commercial cannabis businesses. The Mayor and City Council’s decision as to the selection of the prevailing candidates shall be final. (E) Official issuance of the commercial cannabis business permit(s), however, is conditioned upon the prevailing applicant(s) obtaining all required land use approvals. Following the Mayor and City Council’s selection, the prevailing applicant(s) shall apply to the City Department of Community Development and Housing to obtain any required land use approvals or entitlements for the permittee’s location, if any. Land use approvals shall include compliance with all applicable provisions of CEQA. The City Manager, or his or her designee(s), shall formally issue the commercial cannabis business permit(s) once the Director of Community Development and Housing, or his or her designee(s), affirms that all of the required land use approvals have been obtained. (F) Issuance of a commercial cannabis business permit does not create a land use entitlement or serve as a building permit. The commercial cannabis business permit shall only be for a term of three years, and shall expire at the end of the three-year period, unless it is renewed as provided herein. Furthermore, no permittee may begin operations, notwithstanding the issuance of a permit, unless all of the state and local laws and regulations, including, but not limited to, the requirements of this chapter, applicable building permits and conditions of the commercial cannabis business permit, have been complied with. Until a state license is available and obtained by the permittee, this means compliance with all provisions of the Medical Cannabis Collective Laws as set forth in § 5.10.060. (G) Notwithstanding anything in this chapter to the contrary, the Mayor and City Council reserves the right to reject any or all applications if it determines it would be in the best interest of the city, taking into account any health, safety and welfare impacts on the community. Applicants shall have no right to a commercial cannabis business permit until a permit is actually issued, and then only for the duration of the permit term. Each applicant assumes the risk that, at any time prior to the issuance of a permit, the Mayor and City Council may terminate or delay the program created under this chapter or otherwise revise, amend or repeal this chapter. (H) If an application is denied, a new application may not be filed for one year from the date of the denial. (I) Each person granted a commercial cannabis business permit shall be required to pay the permit fee established by resolution of the Mayor and City Council to cover the costs of administering the commercial cannabis business permit program created in this chapter. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018; Ord. MC-1625, passed 2-21-2024) § 5.10.190 UPDATED INFORMATION. Within 15 calendar days of any other change in the information provided in the application form or any change in status of compliance with the provisions of this chapter, including any change in the commercial cannabis business location or ownership or management members, the applicant shall file an updated application form with the City Manager, or his or her designee(s), for review along with an application amendment fee, as set forth in §§ 5.10.090 and 5.10.130. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) Packet Page 450 San Bernardino - Business Registration and Regulations56 § 5.10.200 CHANGE IN OWNERSHIP OR LOCATION. (A) The person granted a commercial cannabis business permit shall not transfer ownership or control of the permit to another person unless and until the transferee obtains an amendment to the permit from the City Manager, or his or her designee, stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City Manager, or his or her designee, in accordance with all provisions of this chapter (as though the transferee were applying for an original commercial cannabis business permit) accompanied by a transfer fee in an amount set by resolution of the Mayor and City Council (or if not set, shall be the same amount as the application fee), and the City Manager, or his or her designee, determines, after hearing, in accordance with this chapter that the transferee passed the background check required for permittees and meets all other requirements of this chapter. No transfer of ownership may occur within five years of the date the commercial cannabis business permit is originally issued, except as provided below. (B) Commercial cannabis business permits issued through the grant of a transfer by the City Manager, or his or her designee, shall be valid for a period of one year beginning on the day the City Manager, or his or her designee, approves the transfer of the permit. Before the transferee’s permit expires, the transferee shall apply for a renewal permit in the manner required by this chapter. (C) Changes in ownership of a permittee’s business structure or a substantial change in the ownership of a permittee business entity (changes that result in a change of more than 51% of the original ownership) must be approved by the City Manager, or his or her designee, through the transfer process contained in division (A) above. Failure to comply with this provision is grounds for permit revocation. (D) (1) A permittee may change the form of business entity without applying to the City Manager, or his or her designee, for a transfer of permit; provided that either: (a) The membership of the new business entity is substantially similar to the original permit holder business entity (at least 51% of the membership is identical); or (b) If the original permittee is an unincorporated association, mutual or public benefit corporation, agricultural or consumer cooperative corporation and subsequently transitions to or forms a new business entity as allowed under the MAUCRSA and to comply with § 5.10.060(B); provided that the Board of Directors (or in the case of an unincorporated association, the individual(s) listed on the city permit application) of the original permittee entity are the same as the new business entity. (2) Although a transfer is not required in these two circumstances, the permit holder is required to notify the City Manager, in writing, of the change within ten calendar days of the change. Failure to comply with this provision is grounds for permit revocation. (E) No commercial cannabis business permit may be transferred when the City Manager, or his or her designee, has notified the permittee that the permit has been or may be suspended or revoked. (F) Any attempt to transfer a commercial cannabis business permit, either directly or indirectly, in violation of this section is declared void, and such a purported transfer shall be deemed a ground for revocation of the permit. (G) The location specified in the commercial cannabis business permit may not change without an amendment to the permit, processed in the same Packet Page 451 Commercial Cannabis Activities 57 manner as an initial permit pursuant to the process and fees set forth in § 5.10.090. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.210 CITY BUSINESS REGISTRATION CERTIFICATE. Prior to commencing operations, and at all times thereafter, a commercial cannabis business shall maintain a valid city business registration certificate. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.220 BUILDING PERMITS AND INSPECTION. Prior to commencing operations, and at all times thereafter, a commercial cannabis business shall be subject to a mandatory building inspection, and must obtain all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes, but is not limited to, obtaining any required building permit(s), Fire Department approvals, Health Department approvals and other zoning and land use permit(s) and approvals. No modifications to the structure of the premises shall be made without required approvals listed above. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.230 CERTIFICATION FROM THE DIRECTOR OF COMMUNITY DEVELOPMENT AND HOUSING. Prior to commencing operations, a commercial cannabis business must obtain a certification from the Director of Community Development and Housing, or his or her designee(s), certifying that the business is located on a site that meets all of the requirements of Title 19. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018; Ord. MC-1625, passed 2-21-2024) § 5.10.240 RIGHT TO OCCUPY AND TO USE PROPERTY. As a condition precedent to the city’s issuance of a commercial cannabis business permit pursuant to this chapter, any person intending to open and to operate a commercial cannabis business shall provide sufficient evidence, which sufficiency shall be determined in the reasonable discretion of the Mayor and City Council, of the legal right to occupy and to use the proposed location for the proposed commercial cannabis activity. In the event the proposed location will be leased from another person, the applicant shall be required to provide a signed and notarized statement from all owners of the property, acknowledging that the property owners have read this chapter and consent to the operation of the commercial cannabis business on the owner’s property. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.250 LOCATION AND DESIGN OF CANNABIS BUSINESSES. Commercial cannabis businesses are permitted to engage in commercial cannabis activities subject to the following zoning and locational requirements. (A) The commercial cannabis business must be located on property zoned CG (“Commercial General”), CG-2 (Commercial General-2”), CG-3 (“Commercial General-3”), CR-2 (“Commercial Regional-Downtown”), CR-3 (“Commercial-Tri-City Club”), CCS-1 (“Central City South”), CCS-2 (“Central City”), CH (“Commercial Heavy”), IL (“Industrial Light”), IH (“Industrial Heavy”), OIP Packet Page 452 San Bernardino - Business Registration and Regulations58 (“Office Industrial Park”) or as such successor zones as may be created by the Mayor and City Council from time to time, and must meet all of the requirements for development in these zones. (B) The property on which the cannabis business is located must also meet all of the distance requirements listed in divisions (B)(1) through (B)(3) below, unless the Mayor and City Council adopt an ordinance allowing for a lesser distance. All distances shall be the horizontal distance measured in a straight line from exterior parcel line to exterior parcel line without regard to intervening structures, except as listed in division (B)(4) below. (1) The parcel shall be no closer than 600 feet of any residentially zoned parcel in the city, the city’s sphere of influence, a neighboring incorporated city or unincorporated county. (2) The parcel shall be no closer than 600 feet from any parcel in the city, the city’s sphere of influence, a neighboring incorporated city or unincorporated county containing any of the following: (a) A school providing instruction in kindergarten or any grades one through 12 (whether public, private or charter, including pre-school, transitional kindergarten and K-12) that is in existence at the time the permit is issued; (b) A commercial daycare center licensed by the city, another city or county that is in existence at the time the permit is issued; (c) A youth center that is in existence at the time the permit is issued; or (d) A park that is in existence at the time the permit is issued. (3) The city shall consider the proximity of the proposed commercial cannabis business to religious facilities and libraries in existence at the time the permit is granted when determining whether the issue the permit and any conditions thereto. (4) For the purposes of this division (B), the distance measurement shall be without regard to intervening structures, with the exception of the following, in which case the distance measurement shall be the shortest path of travel around the listed intervening structures: (a) Freeways; (b) Flood control channels; (c) Railroads; and (d) The Santa Ana River. (C) Each proposed cannabis business project shall: (1) Conform with the city’s general plan, any applicable specific plans, master plans and design requirements; (2) Comply with all applicable zoning and related development standards; (3) Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties; (4) Be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and all items required for the development; (5) Be served by highways adequate in width and improved as necessary to carry the kind and quantity of traffic such use will generate; and (6) Be provided with adequate electricity, sewage, disposal, water, fire protection and storm drain facilities for the intended purpose. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018; Ord. MC-1519, passed 7-17-2019) § 5.10.260 LIMITATIONS ON CITY’S LIABILITY. (A) To the fullest extent permitted by law, the city shall not assume any liability whatsoever with Packet Page 453 Commercial Cannabis Activities 59 respect to having issued a commercial cannabis business permit pursuant to this chapter or otherwise approving the operation of any commercial cannabis business. (B) As a condition to the approval of any commercial cannabis business permit, the applicant shall be required to meet all of the following conditions before they can receive the commercial cannabis business permit. (1) They must execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant’s sole cost and expense) and hold the city, and its elected officials, officers, employees, representatives and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the city’s issuance of the commercial cannabis business permit, the city’s decision to approve the operation of the commercial cannabis business or activity, to the process used by the city in making its decision or the alleged violation of any federal, state or local laws by the commercial cannabis business or any of its officers, employees or agents. (2) Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate, from time to time by the City Manager, or his or her designee. (3) Reimburse the city for all costs and expenses, including, but not limited to, legal fees and costs and court costs, which the city may be required to pay as a result of any legal challenge related to the city’s approval of the applicant’s commercial cannabis business permit, or related to the city’s approval of a commercial cannabis activity. The city may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve any of the obligations imposed hereunder. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.270 RECORDS AND RECORD-KEEPING. (A) Each person granted a commercial cannabis business shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of a commercial cannabis business permit issued pursuant to this chapter), or at any time upon reasonable request of the City Manager, or his or her designee, each commercial cannabis business shall file a sworn statement detailing the number of sales by the commercial cannabis business during the previous 12-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross sales for each month, and all applicable taxes paid or due to be paid, including, but not limited to, employee withholdings. On an annual basis, each permittee shall submit to the city a financial audit of the business’s operations conducted by an independent certified public accountant. At the request of the City Manager, or his or her designee, the each permittee shall provide copies of the last three years of their local, state and federal tax returns so that the city may verify the information provided above. Each permittee shall be subject to a regulatory compliance review and financial audit as determined by the City Manager, or his or her designee(s). (B) Each person granted a commercial cannabis business shall maintain a current register of the names and the contact information (including the name, address and telephone number) of anyone owning or holding an interest in the commercial cannabis business, and separately of all the officers, managers, employees and agents currently employed or otherwise engaged by the commercial cannabis business. The register required by this division (B) shall be provided to the City Manager, or his or her designee(s), upon a reasonable request. (C) Prior to state licensing, each commercial cannabis business shall maintain a record of all persons, patients, collectives and primary caregivers served by the commercial cannabis business for a period of no less than four years. Once a state license is obtained, the commercial cannabis business must maintain such records only to the extent permitted or required by the MAUCRSA. Packet Page 454 San Bernardino - Business Registration and Regulations60 (D) All commercial cannabis businesses shall maintain an inventory control and reporting system that accurately documents the present location, amounts and descriptions of all cannabis and cannabis products for all stages of the growing and production or manufacturing, laboratory testing and distribution processes until purchase as set forth MAUCRSA. Additionally, all commercial cannabis businesses shall maintain records that identify the source of all products (company name, location, license numbers and the like). (E) Subject to any restrictions under the Health Insurance Portability and Accountability Act of 1996, being 42 U.S.C. §§ 201 et seq. (“HIPPA”) regulations, each commercial cannabis business shall allow the city officials to have access to the business’s books, records, accounts, together with any other data or documents relevant to its permitted commercial cannabis activities, for the purpose of conducting an audit or examination. Books, records, accounts and any and all relevant data or documents will be produced no later than 24 hours after receipt of the city’s request, unless otherwise stipulated by the city. The city may require the materials to be submitted in an electronic format that is compatible with the city’s software and hardware. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.280 SECURITY MEASURES. (A) A commercial cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the commercial cannabis business. Except as may otherwise be determined by the City Manager, or his or her designee(s), these security measures shall include, but shall not be limited to, all of the following: (1) Preventing individuals from remaining on the premises of the commercial cannabis business if they are not engaging in an activity directly related to the permitted operations of the commercial cannabis business; (2) Establishing limited access areas accessible only to authorized commercial cannabis business personnel; (3) Except for live growing plants which are being cultivated at a cultivation facility, all cannabis and cannabis products shall be stored in a secured and locked room, safe or vault. All cannabis and cannabis products, including live plants that are being cultivated, shall be kept in a manner as to prevent diversion, theft and loss; (4) Installing 24-hour security surveillance cameras of at least HD-quality to monitor all entrances and exits to and from the premises; all interior spaces within the commercial cannabis business which are open and accessible to the public; all interior spaces where cannabis, cash or currency is being stored for any period of time on a regular basis; and all interior spaces where diversion of cannabis could reasonably occur. Cameras shall clearly show each point of sale location, register with a time/date stamp. The commercial cannabis business shall be responsible for ensuring that the security surveillance camera’s footage is remotely accessible by the City Manager, or his or her designee(s), and that it is compatible with the city’s software and hardware. In addition, remote and real-time, live access to the video footage from the cameras shall be provided to the City Manager, or his or her designee(s). Video recordings shall be maintained for a minimum of 120 days, and shall be made available to the City Manager, or his or her designee(s), upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the commercial cannabis business; (5) Sensors shall be installed to detect entry and exit from all secure areas; (6) Panic buttons shall be installed in all commercial cannabis businesses; (7) Having a professionally installed, maintained and monitored alarm system. The owner and operator shall be subject to the city’s security alarm systems requirements of Chapter 8.81; (8) Any bars installed on the windows or Packet Page 455 Commercial Cannabis Activities 61 the doors of the commercial cannabis business shall be installed only on the interior of the building as approved by the Department of Community Development and Housing and Fire Department; (9) Security personnel shall be on-site 24 hours a day or alternative security as authorized by the City Manager, or his or her designee(s). Security personnel must be licensed by the State Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the City Manager, or his or her designee(s), with such approval not to be unreasonably withheld; and (10) Each commercial cannabis business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage. (B) Each commercial cannabis business shall identify a designated security representative/liaison to the city, who shall be reasonably available to meet with the City Manager, or his or her designee(s), regarding any security related measures or and operational issues. The commercial cannabis business shall notify the City Manager, or his or her designee, within 24 hours of a change in designated security representative/liaison. (C) As part of the application and permitting process, each commercial cannabis business shall have a storage and transportation plan, which describes, in detail, the procedures for safely and securely storing and transporting all cannabis, cannabis products and any currency. (D) The commercial cannabis business shall cooperate with the city whenever the City Manager, or his or her designee(s), makes a request, upon reasonable notice to the commercial cannabis business, to inspect or audit the effectiveness of any security plan or of any other requirement of this chapter. (E) A commercial cannabis business shall notify the City Manager, or his or her designee(s), within 24 hours after discovering any of the following: (1) Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the City Manager, or his or her designee(s); (2) Diversion, theft, loss or any criminal activity involving the commercial cannabis business or any agent or employee of the commercial cannabis business; (3) The loss or unauthorized alteration of records related to cannabis, registering qualifying patients, primary caregivers or employees or agents of the commercial cannabis business; or (4) Any other breach of security. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018; Ord. MC-1625, passed 2-21-2024) § 5.10.290 RESTRICTION ON ALCOHOL AND TOBACCO SALES. (A) No person shall cause or permit the sale, dispensing or consumption of alcoholic beverages to any person, including minors, on or about the property occupied by the commercial cannabis business. (B) No person shall cause or permit the sale of tobacco products to any person, including minors, on or about the property occupied by the commercial cannabis business. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.300 FEES AND CHARGES. (A) No person may commence or continue any commercial cannabis activity in the city, without timely paying in full all fees and charges required for the operation of a commercial cannabis activity. Fees and charges associated with the operation of a commercial cannabis activity shall be established by resolution of the Mayor and City Council which may be amended from time to time. Such fees and charges may include, but are not limited to, a regulatory fee imposed for the reasonable regulatory costs to the city for issuing licenses and permits; performing Packet Page 456 San Bernardino - Business Registration and Regulations62 investigations, inspections and audits; and the administrative and criminal enforcement and adjudication thereof. (B) All commercial cannabis businesses authorized to operate under this chapter shall pay all sales, use, business, employment and other applicable taxes, and all license, registration and other fees required under federal, state and local law. Each commercial cannabis business shall cooperate with city with respect to any reasonable request to audit the commercial cannabis business’ books and records for the purpose of verifying compliance with this section, including, but not limited to, a verification of the amount of taxes required to be paid during any period. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.310 MISCELLANEOUS OPERATING REQUIREMENTS. (A)Hours. Commercial cannabis businesses may operate only during the hours specified in the commercial cannabis business permit issued by the city. (B)On-site consumption. On-site consumption of cannabis is prohibited at all times by all individuals on the property. (C)Graphics and outdoor storage. No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a commercial cannabis business permit or on any of the vehicles owned or used as part of the commercial cannabis business. No outdoor storage of cannabis or cannabis products is permitted at any time. (D)Reporting and tracking of product and of gross sales. Each commercial cannabis business shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the commercial cannabis business, including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale), time and date of each sale and other information which may be deemed necessary by the city. The commercial cannabis business shall ensure that such information is compatible with the city’s record-keeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the City Manager, or his or her designee(s), prior to being used by the permittee. (E)State regulations. All cannabis and cannabis products sold, distributed or manufactured shall be cultivated, manufactured and transported by licensed facilities that maintain operations in full conformance with the state and local regulations. No cannabis or cannabis products may be sold, distributed or transferred out of the state. (F)Physician evaluations nearby prohibited. There shall not be a physician located in or around any commercial cannabis business at any time for the purpose of evaluating patients for the issuance of a cannabis recommendation or card where applicable. (G)Verification for medicinal cannabis. Prior to dispensing medicinal cannabis or medicinal cannabis products where applicable to any person, the commercial medicinal cannabis business shall obtain verification from the recommending physician that the person requesting medicinal cannabis or medicinal cannabis products is a qualified patient. (H)Emergency contact. Each commercial cannabis business shall provide the City Manager, or his or her designee(s), with the name, telephone number (both landline and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day. The commercial cannabis business shall notify the City Manager, or his or her designee, within 24 hours of a change in the emergency contact. (I)Signage and notices. (1) In addition to the requirements otherwise set forth in this section, business identification signage for a commercial cannabis Packet Page 457 Commercial Cannabis Activities 63 business shall conform to the requirements of Chapter 19.22, including, but not limited to, seeking the issuance of a city sign permit. (2) No signs placed on the premises of a commercial cannabis business shall obstruct any entrance or exit to the building or any window. (3) Each entrance to a commercial cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited. (4) Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises or lists the services or the products offered. No commercial cannabis business shall advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis business or elsewhere, including, but not limited to, the public right-of-way. (5) In accordance with state law and regulations or as stipulated in the city commercial cannabis business permit, holders of a commercial cannabis business permit shall agree that, as an express and ongoing condition of permit issuance and subsequent renewal, the holder of the permit shall be prohibited from advertising any commercial cannabis business located in the city utilizing a billboard (fixed or mobile), bus shelter, placard, aircraft or other similar forms of advertising anywhere in the state. This division (I)(5) is not intended to place limitations on the ability of a commercial cannabis business to advertise in other legally authorized forms, including on the internet, in magazines or in other similar ways. (J)Minors. (1) Persons under the age of 21 years shall not be allowed on the premises of a commercial cannabis business and shall not be allowed to serve as a driver for a mobile delivery service. It shall be unlawful and a violation of this chapter for any person to employ any person at a commercial cannabis business who is not at least 21 years of age. Except as provided for under § 5.10.330(C). (2) The entrance to the commercial cannabis business shall be clearly and legibly posted with a notice that no person under the age of 21 years of age is permitted to enter upon the premises of the commercial cannabis business. Except as provided for under § 5.10.330(C). (K)Odor control. Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off-site. Commercial cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected outside of the facility; anywhere on adjacent property or public rights-of-way; on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas or any other areas available for use by common tenants or the visiting public; or within any other unit located inside the same building as the commercial cannabis business. As such, commercial cannabis businesses must install and maintain the following equipment, or any other equipment which the Director of Community Development and Housing, or his or her designee(s), determine is a more effective method or technology: (1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; and (2) An air system that creates negative air pressure between the commercial cannabis business’s interior and exterior, so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business. (L)Display of permit and city business license. The original copy of the commercial cannabis business permit issued by the city pursuant to this chapter and the city issued business license shall be posted inside the commercial cannabis business in a location readily-visible to the public. (M)Background check. Every person listed as an Packet Page 458 San Bernardino - Business Registration and Regulations64 owner, manager or supervisor of the commercial cannabis business must submit fingerprints and other information deemed necessary by the Chief of Police, or his or her designee(s), for a background check by the City Police Department, pursuant to Cal. Penal Code, §§ 11105(b)(11) and 13300(b)(11), which authorizes city authorities to access state and local summary criminal history information for employment, licensing or certification purposes; and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation. Pursuant to Cal. Penal Code, §§ 11105(b)(11) and 13300(b)(11), which requires that there be a requirement or exclusion from employment, licensing or certification based on specific criminal conduct on the part of the subject of the record, no person shall be issued a permit to operate a commercial cannabis business unless they have first cleared the background check, as determined by the Chief of Police, or his or her designee(s). A fee for the cost of the background investigation, which shall be the actual cost to the city to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a commercial cannabis business permit is submitted. (N)Loitering. The owner and/or operator of a commercial cannabis business shall prohibit loitering by persons outside the facility both on the premises and within 50 feet of the premises. (O)Permits and other approvals. Prior to the establishment of any commercial cannabis business or the operation of any such business, the person intending to establish a commercial cannabis business must first obtain all applicable planning, zoning, building and other applicable permits from the relevant governmental agency which may be applicable to such commercial cannabis business. (P)Collective or cooperative. If the commercial cannabis business permittee is operating as a collective or cooperative under Cal. Health and Safety Code, § 11362.775(Aa), the commercial cannabis business shall terminate the membership of any member violating any of the provisions of this chapter. (Q)Lighting and windows. The interior and exterior of the premises of the commercial cannabis business shall be well lit at all times. The windows of the building shall provide an unobstructed view into the interior. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018; Ord. MC-1625, passed 2-21-2024) § 5.10.320 OTHER OPERATIONAL REQUIREMENTS. The City Manager, or his or her designee, may develop other commercial cannabis business operational requirements or regulations as are determined to be necessary to protect the public health, safety and welfare. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.330 OPERATING REQUIREMENTS FOR RETAILER FACILITIES; DELIVERY. (A) No more than the number of retailers adopted by resolution may operate within the city at any one time and no more than that number adopted by resolution shall be issued a permit by the city to operate a retailer at one time. Both retailers offering storefront purchase (customers purchase and obtain cannabis on-site) and retailers offering delivery only shall be permitted. Each shall be required to maintain a physical location from which commercial cannabis activities are conducted that are permitted under this chapter. (B) Retailers may only deliver to customers within a county or city that does not expressly prohibit delivery by ordinance. Retailers may only deliver to customers within the city after obtaining a commercial cannabis business permit issued under the chapter. Security plans developed pursuant to this chapter shall include provisions relating to vehicle security and the protection of employees and product during loading and in transit. (C) M-licensee retailers must verify the age and all necessary documentation of each customer to ensure the customer is not under the age of 18 years Packet Page 459 Commercial Cannabis Activities 65 and that the potential customer has a valid doctor’s recommendation. A-licensee retailers must verify the age of customers to ensure persons under the age of 21 are not permitted. (D) Entrances into the retailer shall be locked at all times with entry strictly controlled. A “buzz-in” electronic/mechanical entry system shall be utilized to limit access to and entry to the retailer to separate it from the reception/lobby area. (E) Uniformed licensed security personnel shall be employed to monitor site activity, to control loitering and site access and to serve as a visual deterrent to unlawful activities. (F) Retailers may have only that quantity of cannabis and cannabis products reasonably anticipated to meet the daily demand readily available for sale on-site in the publically accessible retail sales area of the retailer. (G) All restroom facilities shall remain locked and under the control of management. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.340 OPERATING REQUIREMENTS FOR COMMERCIAL CULTIVATION FACILITIES. (A) All outdoor (i.e., open air) cultivation is prohibited. The cultivation of all cannabis must occur indoors or within mixed light structures. (B) In no case shall cannabis plants be discernable from a public or private road, sidewalk, park or any common public viewing area. (C) A permittee permitted to engage in commercial cannabis cultivation in the city shall only be allowed to cultivate the square feet of canopy space permitted by state law. (D) Cannabis cultivation shall be conducted in accordance with state and local laws related to land conversion, grading, electricity, water usage, water quality, woodland and riparian habitat protection, agricultural discharges and similar matters. (E) Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife. (F) The cultivation of cannabis shall, at all times, be operated in such a way as to ensure the health, safety and welfare of the public, the employees working at the commercial cannabis business, visitors to the area, neighboring properties and the end users of the cannabis being cultivated; to protect the environment from harm to streams, fish and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis. (G) All applicants for a cannabis cultivation permit shall submit the following in addition to the information generally otherwise required for a commercial cannabis business: (1) A cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides and other regulated products to be used on the parcel, and a description of the cultivation activities (indoor, mixed-light) and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting (indoor, mixed-light); (2) A description of a legal water source, irrigation plan and projected water use; (3) Identification of the source of electrical power and plan for compliance with applicable Building Codes and related codes; and (4) Plan for addressing odor and other public nuisances that may derive from the cultivation site. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.350 OPERATING REQUIREMENTS Packet Page 460 San Bernardino - Business Registration and Regulations66 FOR TESTING LABS. (A) Testing labs shall be required to conduct all testing in a manner pursuant to Cal. Business and Professions Code, §§ 26100 et seq., and shall be subject to state and local law. Each testing lab shall be subject to additional regulations as determined from time to time as more regulations are developed under this chapter and any subsequent state legislation regarding the same. (B) Testing labs shall conduct all testing in a manner consistent with general requirements for the competence of testing and calibrations activities, including sampling using verified methods. (C) Testing labs shall obtain and maintain ISO/IEC 17025 accreditation as required by the Bureau. (D) Testing labs shall destroy any harvest batch whose testing sample indicates non-compliance with health and safety standards required by the Bureau, unless remedial measures can bring the cannabis or cannabis products into compliance with quality standards as specified by law and implemented by the Bureau. (E) Each operator of a testing lab shall ensure that any testing lab employee takes the sample of cannabis or cannabis products from the distributor’s premises for testing as required by state law and that the testing lab employee transports the sample to the testing lab. (F) Except as provided by state law, a testing lab shall not acquire or receive cannabis or cannabis products except from a licensee in accordance with state law, and shall not distribute, sell or dispense cannabis or cannabis products from the licensed premises from which the cannabis or cannabis products were acquired or received. All transfer or transportation shall be performed pursuant to a specified chain of custody protocol. (G) A testing lab may receive and test samples of cannabis or cannabis products from a qualified patient or primary caregiver only if the qualified patient or primary caregiver presents the qualified patient’s valid physician’s recommendation for cannabis for medicinal purpose. A testing lab shall not certify samples from a qualified patient or primary caregiver for resale or transfer to another party or licensee. All tests performed by a testing lab for a qualified patient or primary caregiver shall be recorded with the name of the qualified patient or primary caregiver and the amount of the cannabis or cannabis products received. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.360 CANNABIS MANUFACTURING: EDIBLES AND OTHER CANNABIS PRODUCTS; SALE OR DISTRIBUTION OF EDIBLE AND OTHER CANNABIS PRODUCTS. (A) In addition to any locational restrictions contained within this chapter, manufacturers requiring a Type-6 or Type-7 or any subsequent created manufacturing state license (using non-volatile and volatile solvents), as defined in MAUCRSA, may only be permitted to operate within those zone districts as similar manufacturing activities under Title 19. (B) Any compressed gases used in the manufacturing process shall not be stored on any property within the city in containers that exceeds the amount which is approved by Fire Department and authorized by the commercial cannabis business permit. Each site or parcel subject to a commercial cannabis business permit shall be limited to a total number of tanks as authorized by the Fire Department on the property at any time. (C) Manufacturers may use the hydrocarbons N-butane, isobutane, propane or heptane or other solvents or gases exhibiting low to minimal potential human related toxicity approved by both the Department of Community Development and Housing and Fire Department. These solvents must be of at least 99% purity and any extraction process must use them in a professional grade closed loop extraction system designed to recover the solvents and work in an environment with proper ventilation, controlling all sources of ignition where a flammable atmosphere is or may be present. Packet Page 461 Commercial Cannabis Activities 67 (D) If an extraction process uses a professional grade closed loop CO2 gas extraction system, every vessel must be certified by the manufacturer for its safe use as referenced in division (F) below. The CO2 must be of at least 99% purity. (E) Closed loop systems for compressed gas extraction systems must be commercially manufactured and bear a permanently affixed and visible serial number. (F) Certification from an engineer licensed by the state must be provided to the Department of Community Development and Housing for a professional grade closed loop system used by any commercial cannabis manufacturing manufacturer to certify that the system was commercially manufactured, is safe for its intended use and was built to codes of recognized and generally accepted good engineering practices, including, but not limited to: (1) The American Society of Mechanical Engineers (“ASME”); (2) American National Standards Institute (“ANSI”); (3) Underwriters Laboratories (“UL”); or (4) The American Society for Testing and Materials (“ASTM”). (G) The certification document must contain the signature and stamp of the professional engineer and serial number of the extraction unit being certified. (H) Professional closed loop systems, other equipment used, the extraction operation and facilities must be approved for their use by the Fire Department and meet any required Fire, Safety and Building Code requirements specified in the California Building Referenced Standards Codes. (I) Manufacturers may use heat, screens, presses, steam distillation, ice water and other methods without employing solvents or gases to create keef, hashish, bubble hash or infused dairy butter, or oils or fats derived from natural sources, and other extracts. (J) Manufacturers may use food grade glycerin, ethanol and propylene glycol solvents to create or refine extracts. Ethanol should be removed from the extract in a manner to recapture the solvent and ensure that it is not vented into the atmosphere. (K) Manufacturers creating cannabis extracts must develop standard operating procedures, good manufacturing practices and a training plan prior to producing extracts for the marketplace. (L) Any person using solvents or gases in a closed looped system to create cannabis extracts must be fully trained on how to use the system, have direct access to applicable material safety data sheets and handle and store solvents and gases safely. (M) Parts per million for one gram of finished extract cannot exceed state standards for any residual solvent or gas when quality assurance tested. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018; Ord. MC-1625, passed 2-21-2024) § 5.10.370 PROMULGATION OF REGULATIONS, STANDARDS AND OTHER LEGAL DUTIES. (A) In addition to any regulations adopted by the Mayor and City Council, the City Manager, or his or her designee, is authorized to establish, subject to approval by the Mayor and City Council, any additional rules, regulations and standards governing the issuance, denial or renewal of commercial cannabis business permits the ongoing operation of commercial cannabis businesses and the city’s oversight, or concerning any other subject determined to be necessary to carry out the purposes of this chapter. (B) Regulations shall be published on the city’s website. (C) Regulations promulgated by the City Manager, or his or her designee, shall become Packet Page 462 San Bernardino - Business Registration and Regulations68 effective upon date of publication. Commercial cannabis businesses shall be required to comply with all state and local laws and regulations, including, but not limited to, any rules, regulations or standards adopted by the City Manager, or his or her designee. (D) Testing labs and distribution facilities shall be subject to state law and shall be subject to additional regulations as determined, from time to time, as more regulations are developed under § 5.10.350(A) and any subsequent state legislation regarding the same. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.380 COMMUNITY RELATIONS. (A) Each commercial cannabis business shall provide the name, telephone number and e-mail address of a community relations contact to whom notice of problems associated with the commercial cannabis business can be provided. Each commercial cannabis business shall also provide the above information to all businesses and residences located within 100 feet of the commercial cannabis business. The commercial cannabis business shall notify the City Manager, or his or her designee, within 24 hours of a change in community relations contact. (B) During the first year of operation pursuant to this chapter, the owner, manager and community relations representative from each commercial cannabis business holding a permit issued pursuant to this chapter shall attend meetings with the City Manager, or his or her designee(s), and other interested parties as deemed appropriate by the City Manager, or his or her designee(s), to discuss costs, benefits and other community issues arising as a result of implementation of this chapter. After the first year of operation, the owner, manager and community relations representative from each such commercial cannabis business shall meet with the City Manager, or his or her designee(s), when and as requested by the City Manager, or his or her designee(s). (C) Commercial cannabis businesses to which a permit is issued pursuant to this chapter shall develop a city approved public outreach and educational program for youth organizations and educational institutions that outlines the risks of youth addiction to cannabis, and that identifies resources available to youth related to drugs and drug addiction. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.390 FEES DEEMED DEBT TO THE CITY. The amount of any fee, cost or charge imposed pursuant to this chapter shall be deemed a debt to the city that is recoverable via an authorized administrative process as set forth by ordinance or in any court of competent jurisdiction. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.400 PERMITTEE RESPONSIBLE FOR VIOLATIONS. The person to whom a permit is issued pursuant to this chapter shall be responsible for all violations of the laws of the state or of the regulations and/or the ordinances of the city, whether committed by the permittee or any employee or agent of the permittee, which violations occur in or about the premises of the commercial cannabis business whether or not said violations occur within the permittee’s presence. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.410 INSPECTION AND ENFORCEMENT. (A) The City Manager, Chief of Police or designee of either of them charged with enforcing the provisions of this chapter, or any provision thereof, may enter the location of a commercial cannabis business at any time, without notice, and inspect the location of any commercial cannabis business as well as any recordings and records required to be maintained pursuant to this chapter or under applicable provisions of state law. (B) It is unlawful for any person, having Packet Page 463 Commercial Cannabis Activities 69 responsibility over the operation of a commercial cannabis business, to impede, obstruct, interfere with or otherwise not to allow the city to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a commercial cannabis business under this chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage or falsify any records, recordings or other documents required to be maintained by a commercial cannabis business under this chapter or under state or local law. (C) The City Manager, Chief of Police or designee of either of them charged with enforcing the provisions of this chapter may enter the location of a commercial cannabis business at any time during the hours of operation and without notice to obtain samples of the cannabis to test for public safety purposes. Any samples obtained by the city shall be logged, recorded and maintained in accordance with established procedures by the City Police Department or regulations adopted pursuant to the authority of this chapter. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.420 COMPLIANCE WITH STATE REGULATION. It is the stated intent of this chapter to regulate commercial cannabis activity in the city in compliance with all provisions MAUCRSA and any subsequent state legislation. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.425 INTEGRITY PROVISION. (A) All applicants listed on an application for a commercial cannabis business permit or any persons representing or lobbying on their behalf shall comply with the integrity standards adopted by separate resolution of the City Council. Failure to abide by the integrity standards may result in disqualification from a commercial cannabis business (“CCB”) permit review process or revocation if it is later determined that the applicant or any person associated with the application or any third party lobbying on their behalf has violated the standards. (B) Prior to voting on the approval of an application of any kind related to a commercial cannabis business (“CCB”) permit, all members of the City Council shall disclose, in public, immediately before the vote, whether they have had any communications directly or through an intermediary with the CCB applicant or a representative of or a lobbyist for a CCB applicant. (Ord. MC-1547, passed 10-21-2020) § 5.10.430 VIOLATIONS DECLARED A PUBLIC NUISANCE. Each and every violation of the provisions of this chapter is deemed unlawful and a public nuisance and may be summarily abated by the City Manager, Chief of Police or designee of either of them. The city may recover any nuisance abatement costs and/or administrative fines relating to such violations in accordance with Cal. Gov’t Code, §§ 38773.1 and 38773.5 in accordance with Chapter 8.30. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.440 EACH VIOLATION A SEPARATE OFFENSE. Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the city. Additionally, as a nuisance per se, any violation of this chapter shall be subject to injunctive relief, any permit issued pursuant to this chapter being deemed null and void, disgorgement and payment to the city for any monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees and any other relief or remedy available at law or in equity. The city may also pursue any and all remedies and actions available and applicable under state and local laws for any violations committed by the commercial cannabis business or persons related to, or associated with, the commercial cannabis activity. Additionally, when there is determined to be an imminent threat to public health, safety or welfare, the Packet Page 464 San Bernardino - Business Registration and Regulations70 City Manager, Chief of Police or designee of either of them may take immediate action to temporarily suspend a commercial cannabis business permit issued by the city, pending a hearing before the City Manager, or his or her designee(s). (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.450 CRIMINAL PENALTIES. Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this chapter shall be guilty of a misdemeanor, and may, in the discretion of the City Attorney, be prosecuted as a misdemeanor and, upon conviction, be subject to a fine not to exceed $1,000 or imprisonment in the city or county jail for a period of not more than six months, or by both such fine and imprisonment. The City Attorney, in his or her sound discretion, may prosecute a violation of this chapter as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under this provisions of this chapter shall be punished by a fine not exceeding $100 for the first violation, a fine not exceeding $200 for a second violation within one year and a fine not exceeding $500 for a third violation within one year. A fourth violation of this chapter within one year shall be charged as a misdemeanor and may not be reduced to an infraction. Each day a violation is committed or permitted to continue shall constitute a separate offense. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) § 5.10.460 REMEDIES CUMULATIVE AND NOT EXCLUSIVE. The remedies provided herein are not to be construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by law. (Ord. MC-1464, passed 3-7-2018; Ord. MC-1503, passed 9-5-2018) Packet Page 465 CHAPTER 5.12: RESERVED (Repealed by Ord. MC-1050, passed 7-12-1999; Ord. MC-1051, passed 7-19-1999; Ord. MC-1052, passed 7-19-1999) 71 Packet Page 466 San Bernardino - Business Registration and Regulations72 Packet Page 467 CHAPTER 5.14: ENTERTAINMENT - DANCES AND ADULT ENTERTAINMENT Section 5.14.010 Definitions 5.14.020 License - required 5.14.030 License - application and fees 5.14.040 Application requirements 5.14.050 Issue of license - investigation 5.14.060 Operational standards 5.14.070 License - non-transferable - posting 5.14.080 License - fee 5.14.090 License - duration 5.14.100 Exemptions from filing, processing and license fees 5.14.110 Suspension/revocation of license 5.14.120 Appeal 5.14.130 Licenses and fees not exclusive 5.14.140 Exceptions 5.14.150 Severability 5.14.160 Violations and penalties § 5.14.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DINE AND DANCE CLUBS and NIGHT CLUBS. All hotels, restaurants, cafés, road houses, inns, taverns, bars or any place open to the public, wherein or whereat beverages, meals or dinners are served, and where the public and patrons thereof may dance, or where entertainers may perform. ENTERTAINMENT. (1) Any act, play, review, pantomime, scene, dance act, song and dance act, concert or gathering and playing of band(s) and/or musical groups, performed by one or more persons, whether or not such person or persons are compensated for such performance, when the same is performed at a public dance hall, public dance, dancing club, dine and dance club or night club; (2) Any fashion or style show, except: (a) When the same is conducted by a non-profit club, organization or association, as a part of the social activities of such club, organization or association to which members of the general public are not invited; or (b) When the same is conducted by a person as a part of a commercial business which primarily involves the sale or manufacture of clothing or wearing apparel. (3) The following is included in the term ENTERTAINMENT: the presence of any performer, dancer, employee, agent, model or other person, collectively and/or individually referred to as entertainer, in any place of ENTERTAINMENT, as defined in this section, who engages in any “specified sexual activity” (as that term is defined in Chapter 19.06) not otherwise prohibited by local, state or federal law, or who exposes any specified anatomical part (as that term is defined in Chapter 19.06) not otherwise prohibited by local, state or federal law, or who performs in attire commonly referred to as pasties or a G-string, or any other opaque covering which does not expose the areola or nipples of the female breast, and while covering the natal cleft and pubic area covers less than one inch on either side of the entire length of the natal cleft and two inches across the pubic area. ENTERTAINMENT, as described in this definition, shall be subject to all regulations as described in Chapter 19.06, including, but not limited to, the requirement for a development permit II. LICENSE. A license required and issued 73 Packet Page 468 San Bernardino - Business Registration and Regulations74 pursuant to the provisions of this chapter. NOTICE. Written notice, given by personal service upon the addressee or given by United States mail, postage prepaid, addressed to the person to be notified at his or her last known address. Service of such NOTICE shall be effective upon the completion of personal service or upon the placing of the same in the custody of the United States Postal Service. PUBLIC DANCE, DANCING CLUB or PUBLIC DANCE HALL. Any place open to the public wherein or whereat the public may engage in dancing as a result of the entertainment provided, including places and dances where admission thereto is by membership or other special privilege. (Ord. MC-1100, passed 7-24-2001; Ord. MC-1129, passed 8-20-2002) § 5.14.020 LICENSE - REQUIRED. (A) It is unlawful for any person, firm, corporation or association of persons to operate, conduct or carry on any act of entertainment, public dance hall, public dance, dancing club, dine and dance club or night club, as the same are defined in § 5.14.010, without first obtaining a license to do so as provided in this chapter. (B) Notwithstanding the first sentence of this section, the requirements of this chapter do not apply to not-for-profit I.R.C. § 501(c)(3) religious organizations, religious assemblies or institutions or the religious exercise of a person, or to schools, school districts and/or institutions of higher learning. (Ord. MC-1100, passed 7-24-2001) § 5.14.030 LICENSE - APPLICATION AND FEES. Any person required to obtain a license pursuant to this chapter shall file a written application therefor with the City Clerk and shall be accompanied by a fee established by resolution of the City Council which shall be no more than necessary to cover the costs of processing and investigation. § 5.14.040 APPLICATION REQUIREMENTS. The following information shall be submitted to the City Clerk by the owner at the time of applying for a license: (A) A description of all proposed entertainment business activities and anticipated occupancy; (B) A site plan describing the building and/or unit proposed for the entertainment establishment, a fully dimensioned interior floor plan and the following information: (1)Entry program. For each type of event, the entry program will describe how patrons will enter the entertainment establishment, including a map of the proposed waiting line, estimated length of time a waiting line will exist, security searches or identification verification at entrance; (2)Map showing parking and loading areas. An area plan shall be submitted identifying parking areas to be used by customers, including the number of spaces available and loading areas to be used by the entertainers; (3)Security company staffing and equipment. For each type of event, the number of security guards, their responsibilities and equipment to be used; (4)Maintenance provisions. For each type of event, the need and number of trash receptacles, crowd control barriers and sanitation facilities; (5)Clean-up provisions. For each type of event, description of the need for and provision of area clean-up; and (6)Noise control provisions. For each type of event, description of how the noise standards of this chapter shall be met. (C) The application shall contain the following information: (1) The owner’s name, residence street address and mailing address, if different, and state Packet Page 469 Entertainment - Dances and Adult Entertainment 75 driver’s license number and any and all aliases; (2) The name under which the entertainment enterprise is to be operated; (3) The telephone number of the enterprise and the address and legal description of the parcel of land on which the enterprise is located; (4) The date on which the owner acquired the enterprise for which the license is sought, and the date on which the enterprise began or will begin operations at the location for which the license is sought; and (5) If the enterprise is owned and/or operated by a corporation, or other limited liability entity, or association of persons, the name of each officer and/or director of the corporation, limited liability entity or association of persons. If the enterprise is owned and or operated by a partnership, the name of each general partner of the partnership; (D) A statement under oath that the owner has personal knowledge of the information contained in the application and the information contained is true and correct; (E) A statement that the owner has read and understands the provisions of this chapter; (F) A statement whether the owner previously operated in this or any other county, city or state under an entertainment establishment license/permit or similar business license, and whether the owner has ever had a license revoked or suspended and the reason therefor, and the business entity or trade name under which the owner operated that was subject to the suspension or revocation; and (G) If the premises are being rented or leased or being purchased under contract, a copy of such lease or contract shall accompany the application. (Ord. MC-1100, passed 7-24-2001) § 5.14.050 ISSUE OF LICENSE - INVESTIGATION. (A)Application approval process. (1) Upon receipt of an application for an entertainment license, the City Clerk shall conduct an investigation to determine if the proposed business is in compliance with the provisions of this chapter. The investigation shall include immediately forwarding copies of the application to the Police Department, Development Services and the Fire Department for its own independent investigation. Each department shall make recommendations as to the issuance or denial of the license and forward said results to the City Clerk within 20 days of receipt of the application. The City Clerk shall, within 30 days of receipt of a complete license application, approve and issue the license if all the requirements of this section have been met. If the City Clerk determines that the application does not satisfy the requirements of this chapter, he or she shall deny the application. If no determination is made by the City Clerk within 30 days of receipt of a complete license application, then the applicant may commence operations under a temporary license, subject to strict compliance with this chapter, until the City Clerk’s determination. (2) The applicant shall be served with written notice of the decision. Notice shall be personally served or served by deposit in the United States mail, first class postage prepaid, at the address shown on the application. Service shall be deemed complete upon personal service or deposit in the United States post mail. (B)Standards for approval of license. The City Clerk shall approve and issue an entertainment license if the application and evidence submitted show that: (1) The operation, as proposed by the applicant, if permitted, would comply with all applicable laws, including, but not limited to, the city’s building, fire, zoning and health regulations; and (2) The applicant has not knowingly made any false, misleading or fraudulent statement of fact in the license application process, or on any document required by the city in conjunction therewith; the applicant’s age is 18 years or more; and the applicant has paid the required application fees. (Ord. MC-1100, passed 7-24-2001; Ord. MC-1129, Packet Page 470 San Bernardino - Business Registration and Regulations76 passed 8-20-2002) § 5.14.060 OPERATIONAL STANDARDS. The following operational standards shall apply to all entertainment described in § 5.14.010. (A) No operator, entertainer or employee of a place of entertainment shall permit to be performed, offer to perform, perform or allow patrons to perform sexual intercourse, oral or anal copulation, lap or straddle dancing, fondling or stimulation of human genitals, pubic region, buttocks or female breasts. (B) No operator, entertainer or employee of a place of entertainment shall encourage or permit any person upon the premises to lap or straddle dance, touch, caress or fondle the breasts, buttocks, anus or genitals of any other person. (C) If the place of entertainment is licensed to serve alcoholic beverages, the licensee shall abide by the rules and regulations set forth by the State Department of Alcoholic Beverage Control. (D) No person shall perform for patrons any entertainment described in § 5.14.010 except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least six feet from the nearest area occupied by patrons, and no patron shall be permitted within six feet of the stage while the stage is occupied by an entertainer. This division (D) shall not apply to individual viewing areas where the stage is completely separated from the viewing area, floor to ceiling, by plexiglass or other clear permanent barrier. (E) Stage or entertainment areas shall not be open to view from outside the premises. (F) Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business. (G) No exterior door or window shall be propped or kept open at any time during hours of operation; any exterior windows shall be covered with opaque covering at all times. (H) No person under the age of 18 years shall be permitted within the premises at any time during hours of operation. (I) The place of entertainment shall maintain separate restroom facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from either looking into or using the restrooms for females and female patrons and employees shall be prohibited from using the restrooms for males except to carry out the duties of repair, maintenance and cleaning of the restroom facilities. Restrooms shall not contain television monitors or other motion picture or video projection recording or reproduction equipment. (J) The premises shall provide separate dressing room facilities for male and female entertainers which are exclusively dedicated to the entertainer’s use. (K) The licensee shall provide an entrance/exit to the premises for entertainers which is separate from the entrance/exit used by patrons. (L) No entertainer shall have physical contact with any patron and no patron shall have physical contact with any entertainer while on the premises. (M) All areas of the place of entertainment accessible to patrons shall be illuminated at least to the extent of two foot-candles (measured as units of illuminance), minimally maintained and evenly distributed at ground level. (N) Individual viewing areas shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas. (O) No individual viewing area may be occupied by more than one person at any one time. (P) All individual viewing areas shall be physically arranged in such a manner that the entire Packet Page 471 Entertainment - Dances and Adult Entertainment 77 interior portion of the individual viewing area is directly visible from aisles and public areas of the premises. Visibility into the individual viewing rooms shall not be blocked or obscured by doors, curtains, partitions, drapes or any other obstruction whatsoever. (Q) No patron, guest or invitee shall directly pay or give any gratuity to any performer, dancer, employee or model and no dancer, performer, employee or model shall solicit any pay or gratuity from any patron. (R) No owner or other person with managerial control over an adult business (as that term is defined in Chapter 19.06) shall permit any person on the premises of the adult business to engage in a live showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, and/or the female breasts with less than a fully opaque covering over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specific anatomical part required to be covered. (S) (1) If the occupancy limit of that portion of the premises where entertainment is performed is greater than 200 persons, at least one security guard will be on duty outside the premises, patrolling the grounds and parking areas at all times while the entertainment is provided. An additional security guard will be on duty inside the premises if the occupancy exceeds 400 persons. (2) The security guards shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of the chapter. No security guard required pursuant to this division (S)(2) shall act as a door person, ticket seller, ticket taker or admittance person while acting as a security guard. An additional security guard shall be provided if one security guard is to be utilized for the purpose of conducting searches on patrons. All security guards shall be licensed in accordance with Cal. Business and Professions Code, §§ 7582 et seq. (T) The premises within which the entertainment is located shall provide sufficient sound absorbing insulation so that noise generated inside the premises shall not be audible anywhere on adjacent property or public right-of-way or within any other building or other separate unit within the same building. (U) All signage conforms to the standards applicable in Title 19. (V) Every place of entertainment shall have a manager on the premises at all times when entertainment is performed. (W) The place of entertainment must not operate or be open between the hours of 2:00 a.m. and 8:00 a.m.; however, the restriction herein imposed applies only to permitting or allowing the public to dance and to the providing of entertainment of any sort other than mechanical music between such hours and is not deemed to prevent or make unlawful the serving of meals or refreshments between such hours. (X) All business activities must take place within the enclosed structures, unless otherwise permitted by the city. (Y) The City Clerk shall impose conditions prior to approval of an application which are deemed necessary by the Police Department, Development Services and the Fire Department to ensure compliance with the provisions of this chapter or to protect the public health and safety. Such conditions shall be limited to the following: hours of operation; maximum occupancy; fire and life and public safety issues; fire suppression; exterior signage prohibiting loitering and littering; clean-up of premises; location of the business; amount and type of calls for police service in the area; exterior lighting; existence of public telephones; and security guards. The conditions imposed shall include the posting of a bond or cash Packet Page 472 San Bernardino - Business Registration and Regulations78 equivalent for the clean-up of premises, dependent upon the physical condition of past premises as a result of past entertainment events of applicant. (Ord. MC-1129, passed 8-20-2002) § 5.14.070 LICENSE - NON-TRANSFERABLE - POSTING. No entertainment establishment license shall be sold, transferred or assigned by any license holder, or by operation of law, to any other person, group, partnership, corporation or any other entity, and any such sale, transfer or assignment or attempted sale, transfer or assignment shall be deemed to constitute a voluntary surrender of such license, and such license shall be thereafter null and void. A license held by an individual in the name of a corporation or partnership is subject to the same rules of transferability as contained above. License shall be valid only for the exact location specified in the permit. Each license shall be posted in a conspicuous place in or upon the premises for which it is issue and shall be shown to any city official upon demand. § 5.14.080 LICENSE - FEE. (A) For every person, firm, corporation or association of persons conducting, operating, managing or carrying on a public dance, dance hall, dancing club, dine and dance club or night club as the same are defined in § 5.14.010, the license fee shall be at the rate set by resolution adopted by the Mayor and CommonCity Council. (B) Every person, firm, corporation or association of persons operating, conducting or carrying on a public dance where the owner, manager or operator does not operate, conduct or carry on a public dance at least one night in each month shall pay a license fee at the rate set by resolution adopted by the Mayor and CommonCity Council. § 5.14.090 LICENSE - DURATION. Licenses issued pursuant to this chapter shall be valid for a period of one year or until revoked or abandoned. § 5.14.100 EXEMPTIONS FROM FILING, PROCESSING AND LICENSE FEES. A bona fide church, non-profit organization or charitable organization recognized as such under state law, bona fide lodge, fraternal organization or fraternal society which carries on such dances solely for the amusement or entertainment of its bona fide members, or for the purpose of securing funds for such organization for its own operating needs or for charitable purposes, shall be exempt from payment of filing, processing and license fees. § 5.14.110 SUSPENSION/REVOCATION OF LICENSE. The City Clerk shall suspend or revoke a permit issued under the provisions of this chapter for any of the following reasons: (A) The licensee has ceased to meet the requirements for issuance of license; (B) The applicant gave materially false, fraudulent or misleading information on the application; (C) The operation, as conducted by the licensee, does not comply with all applicable laws, including, but not limited to, the city’s building, fire, zoning and health regulations; (D) Excessively loud music or noise from the establishment for which the permit was issued interferes with the peace and quiet of the neighborhood; Packet Page 473 Entertainment - Dances and Adult Entertainment 79 (E) The place of entertainment has been operated in violation of any of the requirements of this chapter; (F) The license holder is convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the place of entertainment is located which offense is classified by the state as an offense involving any sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring registration under Cal. Penal Code, § 290, or any violation of Cal. Penal Code, §§ 243.3, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 287, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647; or (G) If any person or persons is (are) convicted of a felony or misdemeanor for an offense set forth in division (F) above as a result of such person’s activity on the premises or property on which the place of entertainment is located, and the person or persons were employees, contractors or agents of the place of entertainment at the time the offenses were committed. § 5.14.120 APPEAL. (A) Any applicant aggrieved by the decision of the City Clerk with reference to the issuance, conditional issuance, denial, suspension or revocation of a license may appeal to the hearing officer for the city. The hearing officer shall be appointed by the Mayor to hear all appeals under this section for a fixed term not to exceed two years; after which, such hearing officer shall be ineligible for reappointment until after one year has passed. Upon the timely filing of an appeal from the denial, suspension or revocation of a license, the decision of the City Clerk is stayed until the appeal is decided by the hearing officer. (B) The right to appeal to the hearing officer from the denial, suspension or revocation of any license required by this chapter shall terminate upon the expiration of 15 days following the deposit of a certified letter in the United States Post Office advising the applicant of the action of the City Clerk and of his or her right to appeal such action to the hearing officer. (C) The hearing shall be held within 20 days of the receipt by the City Clerk of the appeal, or at the next regularly scheduled meeting of the hearing officer, whichever is sooner. (D) The hearing officer shall render his or her decision within five days from the conclusion of the hearing. Said decision shall be sent by certified mail. The City Clerk or any applicant aggrieved by the decision of the hearing officer shall have the right to appeal to the City Planning Commission. Upon the timely filing of an appeal, the decision of the hearing officer is stayed until the appeal is decided by the Planning Commission. The right to appeal to the City Planning Commission shall terminate upon the expiration of 15 days following the deposit of said decision by certified mail and advising the applicant of his or her right to appeal such decision to the City Planning Commission. The appeal hearing before the City Planning Commission shall be held within 20 days of the receipt by the City Clerk of the appeal request. The Planning Commission shall render its decision within 14 days from the conclusion of the hearing. The decision of the Planning Commission shall be final and conclusive and shall not be subject to appeal to the Mayor and CommonCity Council. Pursuant to Cal. Code of Civil Procedure, § 1094.8, any action to review the decision of the Planning Commission shall be filed and served not later than 21 calendar days following the Planning Commission’s decision unless the parties jointly waive the time limit. (E) The city shall comply with all of the requirements of Cal. Code of Civil Procedure, § 1094.8 and shall take all lawful steps to ensure that any applicant aggrieved by its decision shall be afforded prompt judicial review of said Planning Commission’s decision. (Ord. MC-1058, passed 9-21-1999; Ord. MC-1059, passed 10-5-1999; Ord. MC-1129, passed 8-20-2002) Packet Page 474 San Bernardino - Business Registration and Regulations80 § 5.14.130 LICENSES AND FEES NOT EXCLUSIVE. Fees and licenses required by this chapter shall be in addition to any license, permit or fee required under any other chapter of this code. § 5.14.140 EXCEPTIONS. (A) The provisions of this chapter shall apply prospectively and shall not operate to revoke any valid live entertainment license in effect as of the date of the ordinance codified in this chapter. (B) The provisions of this chapter shall not be deemed to require an entertainment license for the following: (1) For the use of a radio, record player, juke box or television receiver in any establishment; (2) For the use of a piano or organ in any establishment; (3) For any entertainment provided for members and their guests at a private club where admission is not open to the public; and (4) For the playing of background music by any electronic means or instrument in conjunction with the service and consumption of food. § 5.14.150 SEVERABILITY. In the event that any provision of this chapter, or any part thereof, or any application thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its face or as applied, such holding shall not affect the validity or effectiveness of any of the remaining provisions of this ordinance, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is declared to be the legislative intent of the city that this chapter would have been adopted had such unconstitutional, invalid or ineffective provisions not been included herein. § 5.14.160 VIOLATIONS AND PENALTIES. Any person who violates § 5.14.020 is guilty of a misdemeanor, punishable upon conviction in accordance with § 1.12.010(A). Each and every day during which such person violates § 5.14.020 shall constitute a separate offense chargeable under this section. (Ord. MC-1052, passed 7-19-1999; Ord. MC-1051, passed 7-19-1999; Ord. MC-1050, passed 7-12-1999; Ord. MC-1129, passed 8-20-2002) Packet Page 475 CHAPTER 5.16: FIRE, REMOVAL OR CLOSING-OUT SALES (Repealed by Ord. MC-1485, passed 4-18-2018) Cross-reference: For additional provisions and license fees for fire, bankrupt or wreck sales, see § 5.04.265. 81 Packet Page 476 San Bernardino - Business Registration and Regulations82 Packet Page 477 CHAPTER 5.18: CANNABIS BUSINESS TAX Section 5.18.010 Title 5.18.020 Authority and purpose 5.18.030 Intent 5.18.040 Definitions 5.18.050 Tax imposed 5.18.060 Reporting and remittance of tax 5.18.070 Payments and communications - timely remittance 5.18.080 Payment - when taxes deemed delinquent 5.18.090 Notice not required by the city 5.18.100 Penalties and interest 5.18.110 Refunds and credits 5.18.120 Refunds and procedures 5.18.130 Personal cultivation not taxed 5.18.140 Administration of the tax 5.18.150 Appeal procedure 5.18.160 Enforcement - action to collect 5.18.170 Apportionment 5.18.180 Constitutionality and legality 5.18.190 Audit and examination of premises and records 5.18.200 Other licenses, permits, taxes, fees or charges 5.18.210 Payment of tax does not authorize unlawful business 5.18.220 Deficiency determinations 5.18.230 Failure to report - non-payment, fraud 5.18.240 Tax assessment - notice requirements 5.18.250 Tax assessment - hearing, application and determination 5.18.260 Relief from taxes - disaster relief 5.18.270 Conviction for violation - taxes not waived 5.18.280 Violation deemed misdemeanor 5.18.290 Severability 5.18.300 Remedies cumulative 5.18.310 Amendment or repeal § 5.18.010 TITLE. This chapter shall be known as the “Cannabis Business Tax Ordinance.” (Ord. MC-1501, passed 11-6-2018) § 5.18.020 AUTHORITY AND PURPOSE. (A) The purpose of this chapter is to adopt a tax, for revenue purposes, pursuant to the Cal. Gov’t Code, §§ 37101 and 37100.5, upon cannabis businesses that engage in business in the city. The cannabis business tax is levied based upon business gross receipts and square footage of plant canopy. It is not a sales and use tax, a tax upon income or a tax upon real property. (B) The cannabis business tax is a general tax enacted solely for general governmental purposes of the city and not for specific purposes. All of the proceeds from the tax imposed by this chapter shall be placed in the city’s General Fund and be available for any legal municipal purpose. (Ord. MC-1501, passed 11-6-2018) § 5.18.030 INTENT. The intent of this chapter is to levy a tax on all cannabis businesses that operate in the city, regardless of whether such business would have been legal at the time this chapter was adopted. Nothing in this chapter shall be interpreted to authorize or permit any business activity that would not otherwise be legal or permissible under laws applicable to the activity at the time the activity is undertaken. (Ord. MC-1501, passed 11-6-2018) 83 Packet Page 478 San Bernardino - Business Registration and Regulations84 § 5.18.040 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BUSINESS. Includes all activities engaged in or caused to be engaged in within the city, including any commercial or industrial enterprise, trade, profession, occupation, vocation, calling or livelihood, whether or not carried on for gain or profit, but shall not include the services rendered by an employee to his or her employer. CALENDAR YEAR. The 12 consecutive month period from January 1 through the following December 31, inclusive. CANNABIS. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture salt, derivative, mixture or preparation of the plant, its seeds or resin. CANNABIS also means the separated resin, whether crude or purified, obtained from CANNABIS. CANNABIS also means marijuana, as defined by the Cal. Health and Safety Code, § 11018, and is not limited to medical cannabis. CANNABIS BUSINESS. Any business activity involving cannabis, including, but not limited to, cultivating, transporting, distributing, manufacturing, compounding, converting, processing, preparing, storing, packaging, delivering, testing, dispensing, retailing and wholesaling of cannabis, of cannabis products or of ancillary products and accessories, whether or not carried on for gain or profit. CANNABIS BUSINESS TAX or BUSINESS TAX. The tax due pursuant to this chapter for engaging in cannabis business in the city. CANNABIS PRODUCT. Raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product or a topical product. CANNABIS PRODUCT also means marijuana products, as defined by the Cal. Health and Safety Code, § 11018.1, and is not limited to medical cannabis products. CANOPY. All areas occupied by any portion of a cannabis plant whether contiguous or non-contiguous on any one site. When plants occupy multiple horizontal planes (as when plants are placed on shelving above other plants), each plane shall be counted as a separate CANOPY area. CITY PERMIT. A permit issued by the city to a person to authorize that person to operate or engage in a cannabis business. COMMERCIAL CANNABIS CULTIVATION. Cultivation in the course of conducting a cannabis business. CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of cannabis and includes, but is not limited to, the operation of a nursery. EMPLOYEE. Each and every person engaged in the operation or conduct of any business, whether as owner, member of the owner’s family, partner, associate, agent, manager or solicitor, and each and every other person employed or working in such business for a wage, salary, commission, barter or any other form of compensation. ENGAGED IN BUSINESS AS A CANNABIS BUSINESS. (1) The commencing, conducting, operating, managing or carrying on of a cannabis business, whether done as owner, or by means of an officer, agent, manager, employee or otherwise, whether operating from a fixed location in the city or coming into the city from an outside location to engage in such activities. (2) A person shall be deemed ENGAGED IN BUSINESS within the city if: (a) Such person or person’s employee maintains a fixed place of business within the city for the benefit or partial benefit of such person; Packet Page 479 Cannabis Business Tax 85 (b) Such person or person’s employee owns or leases real property within the city for business purposes; (c) Such person or person’s employee regularly maintains a stock of tangible personal property in the city for sale in the ordinary course of business; (d) Such person or person’s employee regularly conducts solicitation of business within the city; or (e) Such person or person’s employee performs work or renders services in the city. (3) The foregoing specified activities shall not be a limitation on the meaning of ENGAGED IN BUSINESS. EVIDENCE OF DOING BUSINESS. Evidence such as, without limitation, use of signs, circulars, cards or any other advertising media, including the use of internet or telephone solicitation, or representation to a government agency or to the public that such person is engaged in a cannabis business in the city. GROSS RECEIPTS. Except as otherwise specifically provided, means, whether designated a sales price, royalty, rent, commission, dividend or other designation, the total amount (including all receipts, cash, credits, services and property of any kind or nature) received or payable for sales of goods, wares or merchandise or for the performance of any act or service of any nature for which a charge is made or credit allowed (whether such service, act or employment is done as part of or in connection with the sale of goods, wares, merchandise or not), without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, losses or any other expense whatsoever. However, the following shall be excluded from the definition of GROSS RECEIPTS: (1) Cash discounts where allowed and taken on sales; (2) Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser; (3) Such part of the sale price of any property returned by purchasers to the seller as refunded by the seller by way of cash or credit allowances or return of refundable deposits previously included in gross receipts; (4) Receipts derived from the occasional sale of used, obsolete or surplus trade fixtures, machinery or other equipment used by the taxpayer in the regular course of the taxpayer’s business; (5) Cash value of sales, trades or transactions between departments or units of the same business; (6) Whenever there are included within the gross receipts amounts which reflect sales for which credit is extended and such amount proved uncollectible in a subsequent year, those amounts may be excluded from the gross receipts in the year they prove to be uncollectible; provided, however, if the whole or portion of such amounts excluded as uncollectible are subsequently collected, they shall be included in the amount of gross receipts for the period when they are recovered; (7) Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded when in excess of $1; (8) Amounts collected for others where the business is acting as an agent or trustee and to the extent that such amounts are paid to those for whom collected. These agents or trustees must provide the City Department of Finance and Management Services with the names and the addresses of the others and the amounts paid to them. This exclusion shall not apply to any fees, percentages or other payments retained by the agent or trustees; and (9) Retail sales of t-shirts; sweaters; hats; stickers; key chains; bags; books; posters; rolling papers; cannabis accessories, such as pipes, pipe screens; vape pen batteries (without cannabis); or other personal tangible property which the Tax Packet Page 480 San Bernardino - Business Registration and Regulations86 Administrator has excluded in writing by issuing an administrative ruling per § 5.18.140 shall not be subject to the cannabis business tax under this chapter. However, any business activities not subject to this chapter as a result of the administrative ruling shall be subject to the appropriate business tax provisions of Chapter 5.04 or any other chapter or title as determined by the Tax Administrator. LIGHTING. A source of light that is primarily used for promoting the biological process of plant growth. LIGHTING does not include sources of light that primarily exist for the safety or convenience of staff or visitors to the facility, such as emergency lighting, walkway lighting or light admitted via small skylights, windows or ventilation openings. NURSERY. A facility or part of a facility that is used only for producing clones, immature plants, seeds and other agricultural products used specifically for the planting, propagation and cultivation of cannabis. PERSON. An individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate or any other group or combination acting as a unit, whether organized as a non-profit or for-profit entity, and includes the plural as well as the singular number. SALE. Any sale, exchange or barter. STATE. The State of California. STATE LICENSE , LICENSE or REGISTRATION. A state license issued pursuant to the Cal. Business and Professions Code, §§ 26050 et seq. or other applicable state law. TAX ADMINISTRATOR. The Director of Finance and Management Services of the City of San Bernardino, or his or her designee. TESTING LABORATORY. A cannabis business that: (1) Offers or performs tests of cannabis or cannabis products; (2) Offers no service other than such tests; (3) Sells no products, excepting only testing supplies and materials; (4) Is accredited by an accrediting body that is independent from all other persons involved in the cannabis industry in the state; and (5) Is registered with the Bureau of Cannabis Control. (Ord. MC-1501, passed 11-6-2018; Ord. MC-1625, passed 2-21-2024) § 5.18.050 TAX IMPOSED. (A) Beginning January 1, 2019, there is imposed upon each person who is engaged in business as a cannabis business, a cannabis business tax. Such tax is payable regardless of whether the business has been issued a cannabis business license or permit to operate lawfully in the city or is operating unlawfully. The city’s acceptance of a cannabis business tax payment from a cannabis business operating illegally will not constitute the city’s approval or consent to such illegal operations. (B) The initial rate of the cannabis business tax shall be as follows: (1) (a) For every person who is engaged in commercial cannabis cultivation in the city: 1. Seven dollars annually per square foot of canopy space in a facility that uses exclusively artificial lighting; 2. Four dollars annually per square foot of canopy space in a facility that uses a combination of natural and supplemental artificial lighting; 3. Two dollars annually per square foot of canopy space in a facility that uses no artificial lighting; and 4. One dollar annually per square foot of canopy space for any nursery. Packet Page 481 Cannabis Business Tax 87 (b) For purposes of this division (B), the square feet of canopy space for a business shall be rebuttably presumed to be the maximum square footage of canopy allowed by the business’s city permit for commercial cannabis cultivation, or, in the absence of a city permit, the square footage shall be the maximum square footage of canopy for commercial cannabis cultivation allowed by the state license type. Should a city permit be issued to a business which cultivates only for certain months of the year, the city shall prorate the tax as to sufficiently reflect the period in which cultivation is occurring at the business. In no case shall canopy square footage which is authorized by the city commercial cannabis permit but not utilized for cultivation be deducted for the purpose of determining the tax for cultivation, unless the Tax Administrator is informed in writing and authorizes such reduction for the purpose of relief from the tax prior to the period for which the space will not be used, that such space will not be used. (2) For every person who engages in the operation of a testing laboratory: 1% of gross receipts; (3) For every person who engages in the retail sales of cannabis as a retailer (dispensary) or non-store front retailer (delivery) or microbusiness (retail sales): 4% of gross receipts; (4) For every person who engages in a cannabis distribution business: 2% of gross receipts; and (5) For every person who engages in a cannabis manufacturing, processing or microbusiness (non-retail), or any other type of cannabis business not described in divisions (B)(1), (B)(2), (B)(3) or (B)(4) above: 2.5% of gross receipts. However, cultivation for a microbusiness shall be taxed at the rate established in division (B)(1)(a)1. above. (C) The City Council may, by resolution or ordinance, adjust the rate of the cannabis business tax. However, in no event may the City Council set any adjusted rate that exceeds the maximum rate calculated pursuant to division (D) below for the date on which the adjusted rate will commence. (D) The maximum rate shall be calculated as follows. (1) For every person who is engaged in commercial cannabis cultivation in the city: (a) Through January 1, 2021, the maximum rate shall be: 1. Ten dollars annually per square foot of canopy space in a facility that uses exclusively artificial lighting; 2. Seven dollars annually per square foot of canopy space in a facility that uses a combination of natural and supplemental artificial lighting; 3. Four dollars annually per square foot of canopy space in a facility that uses no artificial lighting; and 4. Two dollars annually per square foot of canopy space for any nursery. (b) On January 1, 2022 and on each January 1 thereafter, the maximum annual tax rate per square foot of each type of canopy space shall increase by the percentage change between January of the calendar year prior to such increase and January of the calendar year of the increase in the Consumer Price Index (“CPI”) for all urban consumers in the Riverside-San Bernardino-Ontario area, as published by the United States Government Bureau of Labor Statistics. However, no CPI adjustment resulting in a decrease of any tax imposed by this division (D)(1)(b) shall be made. (2) For every person who engages in the operation of a testing laboratory, the maximum tax rate shall not exceed 2.5% of gross receipts. (3) For every person who engages in the retail sales of cannabis as a retailer (dispensary) or non-store front retailer (delivery business) or microbusiness (retail sales activity), the maximum tax rate shall not exceed 6% of gross receipts. (4) For every person who engages in a cannabis distribution business, the maximum tax rate Packet Page 482 San Bernardino - Business Registration and Regulations88 shall not exceed 3% of gross receipts. (5) For every person who engages in a cannabis manufacturing, processing or microbusiness (non-retail activity) or any other type of cannabis business not described in divisions (D)(1), (D)(2), (D)(3) or (D)(4) above, the maximum tax rate shall not exceed 4% of gross receipts. However, the maximum tax rate for cultivation for a microbusiness shall be the rate established in division (D)(1)(a)1. above, as may be increased, from time to time, by the provisions of division (D)(1)(b) above. (Ord. MC-1501, passed 11-6-2018) § 5.18.060 REPORTING AND REMITTANCE OF TAX. (A) The cannabis business tax imposed by this chapter shall be paid, in arrears, on a quarterly basis. For commercial cannabis cultivation, the tax due for each calendar quarter shall be based on the square footage of the business’s canopy space during the quarter and the rate shall be 25% of the applicable annual rate. For all other cannabis businesses activities, the tax due for each calendar quarter shall be based on the gross receipts for the quarter. (B) Each person owing cannabis business tax for a calendar quarter shall, no later than the last day of the month following the close of the calendar quarter, file with the Tax Administrator a statement of the tax owed for that calendar quarter and the basis for calculating that tax. The Tax Administrator may require that the statement be submitted on a form prescribed by the Tax Administrator. The tax for each calendar quarter shall be due and payable on that same date that the statement for the calendar quarter is due. (C) Upon cessation of a cannabis business, tax statements and payments shall be immediately due for all calendar quarters up to the calendar quarter during which cessation occurred. (D) The Tax Administrator may, at his or her discretion, establish shorter report and payment periods for any taxpayer as the Tax Administrator deems necessary to ensure collection of the tax. The Tax Administrator may also require that a deposit, to be applied against the taxes for a calendar quarter, be made by a taxpayer at the beginning of that calendar quarter. In no event shall the deposit required by the Tax Administrator exceed the tax amount he or she projects will be owed by the taxpayer for the calendar quarter. The Tax Administrator may require that a taxpayer make payments via a cashier’s check, money order, wire transfer or similar instrument. (E) For purposes of this section, the square feet of canopy space for a business shall be rebuttably presumed to be no less than the maximum square footage of canopy allowed by the business’s city permit for commercial cannabis cultivation, or, in the absence of a city permit, the square footage shall be the maximum square footage of canopy for commercial cannabis cultivation allowed by the state license type. In no case shall canopy square footage which is authorized by the permit or license but not utilized for cultivation be excluded from taxation unless the Tax Administrator is informed in writing, prior to the period for which the space will not be used, that such space will not be used. (Ord. MC-1501, passed 11-6-2018) § 5.18.070 PAYMENTS AND COMMUNICATIONS - TIMELY REMITTANCE. Whenever any payment, statement, report, request or other communication is due, it must be received by the Tax Administrator on or before the final due date. A postmark will not be accepted as timely remittance. If the due date would fall on a Saturday, Sunday or a holiday observed by the city, the due date shall be the next regular business day on which the city is open to the public. (Ord. MC-1501, passed 11-6-2018) Packet Page 483 Cannabis Business Tax 89 § 5.18.080 PAYMENT - WHEN TAXES DEEMED DELINQUENT. Unless otherwise specifically provided under other provisions of this chapter, the taxes required to be paid pursuant to this chapter shall be deemed delinquent if not received by the Tax Administrator on or before the due date as specified in §§ 5.18.060 and 5.18.070. (Ord. MC-1501, passed 11-6-2018) § 5.18.090 NOTICE NOT REQUIRED BY THE CITY. The city may, as a courtesy, send a tax notice to the business. However, the Tax Administrator is not required to send a delinquency or other notice or bill to any person subject to the provisions of this chapter. Failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this chapter. (Ord. MC-1501, passed 11-6-2018) § 5.18.100 PENALTIES AND INTEREST. (A) Any person who fails or refuses to pay any cannabis business tax required to be paid pursuant to this chapter on or before the due date shall pay penalties and interest as follows: (1) A penalty equal to 10% of the amount of the tax, in addition to the amount of the tax, plus interest on the unpaid tax calculated from the due date of the tax at the rate of 1% per month; (2) If the tax remains unpaid for a period exceeding one calendar month beyond the due date, an additional penalty equal to 25% of the amount of the tax, plus interest at the rate of 1% per month on the unpaid tax and on the unpaid penalties; and (3) Interest shall be applied at the rate of 1% per month on the first day of the month for the full month and will continue to accrue monthly on the tax and penalty until the balance is paid in full. (B) Whenever a check or electronic payment is submitted in payment of a cannabis business tax and the payment is subsequently returned unpaid by the bank for any reason, the taxpayer will be liable for the tax amount due plus any fees, penalties and interest as provided for in this section, and any other amount allowed under state law. (Ord. MC-1501, passed 11-6-2018) § 5.18.110 REFUNDS AND CREDITS. (A) No refund shall be made of any tax collected pursuant to this chapter, except as provided in § 5.18.120. (B) No refund of any tax collected pursuant to this chapter shall be made because of the discontinuation, dissolution or other termination of a business. (Ord. MC-1501, passed 11-6-2018) § 5.18.120 REFUNDS AND PROCEDURES. (A) Whenever the amount of any cannabis business tax, penalty or interest has been overpaid, paid more than once or has been erroneously collected or received by the city under this chapter, it may be refunded to the claimant who paid the tax provided that a written claim for refund is filed with the Tax Administrator within one year of the date the tax was originally due and payable. (B) The Tax Administrator, his or her designee or any other city officer charged with the administration of this chapter shall have the right to examine and audit all the books and business records of the claimant in order to determine the eligibility of Packet Page 484 San Bernardino - Business Registration and Regulations90 the claimant to the claimed refund. No claim for refund shall be allowed if the claimant refuses to allow such examination of claimant’s books and business records after request by the Tax Administrator to do so. (C) In the event that the cannabis business tax was erroneously paid, and the errors attributable to the city, the city shall refund the amount of tax erroneously paid up to one year from the date that the tax was paid. (Ord. MC-1501, passed 11-6-2018) § 5.18.130 PERSONAL CULTIVATION NOT TAXED. The provisions of this chapter shall not apply to personal cannabis cultivation, as defined in the Medicinal and Adult Use Cannabis Regulation and Safety Act. This chapter shall not apply to personal use of cannabis that is specifically exempted from city and state licensing requirements, that meets the definition of personal use or equivalent terminology under state law and for which the individual receives no compensation whatsoever related to that personal use. (Ord. MC-1501, passed 11-6-2018) § 5.18.140 ADMINISTRATION OF THE TAX. (A) It shall be the duty of the Tax Administrator to collect the taxes, penalties, fees and perform the duties required by this chapter. (B) For purposes of administration and enforcement of this chapter generally, the Tax Administrator may, from time to time, promulgate such administrative interpretations, rules and procedures consistent with the purpose, intent and express terms of this chapter as he or she deems necessary to implement or clarify such provisions or aid in enforcement. (C) The Tax Administrator may take such administrative actions as needed to administer the tax, including, but not limited to: (1) Provide to all cannabis business taxpayers forms for the reporting of the tax; (2) Provide information to any taxpayer concerning the provisions of this chapter; (3) Receive and record all taxes remitted to the city as provided in this chapter; (4) Maintain records of taxpayer reports and taxes collected pursuant to this chapter; (5) Assess penalties and interest to taxpayers pursuant to this chapter; and (6) Determine amounts owed and enforce collection pursuant to this chapter. (Ord. MC-1501, passed 11-6-2018) § 5.18.150 APPEAL PROCEDURE. Any taxpayer aggrieved by any decision of the Tax Administrator with respect to the amount of tax, interest, penalties and fees, if any, due under this chapter may appeal to the City Council by filing a notice of appeal with the City Clerk within 30 calendar days of the serving or mailing of the determination of tax due. The City Clerk, or his or her designee, shall fix a time and place for hearing such appeal, and the City Clerk, or his or her designee, shall give notice in writing to such operator at the last known place of address. The finding of the City Council shall be final and conclusive and shall be served upon the appellant in the manner prescribed by this chapter for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of the notice. (Ord. MC-1501, passed 11-6-2018) Packet Page 485 Cannabis Business Tax 91 § 5.18.160 ENFORCEMENT - ACTION TO COLLECT. Any taxes, penalties and/or fees required to be paid under the provisions of this chapter shall be deemed a debt owed to the city. Any person owing money to the city under the provisions of this chapter shall be liable in an action brought in the name of the city for the recovery of such debt. The provisions of this section shall not be deemed a limitation upon the right of the city to bring any other action including criminal, civil and equitable actions, based upon the failure to pay the tax, penalties and/or fees imposed by this chapter or the failure to comply with any of the provisions of this chapter. (Ord. MC-1501, passed 11-6-2018) § 5.18.170 APPORTIONMENT. If a business subject to the tax is operating both within and outside the city, it is the intent of the city to apply the cannabis business tax so that the measure of the tax fairly reflects the proportion of the taxed activity actually carried on in the city. To the extent federal or state law requires that any tax due from any taxpayer be apportioned, the taxpayer may indicate said apportionment on his or her tax return. The Tax Administrator may promulgate administrative procedures for apportionment as he or she finds useful or necessary. (Ord. MC-1501, passed 11-6-2018) § 5.18.180 CONSTITUTIONALITY AND LEGALITY. This tax is intended to be applied in a manner consistent with the U.S. and California Constitutions and state law. None of the tax provided for by this chapter shall be applied in a manner that causes an undue burden upon interstate commerce, a violation of the equal protection or due process clauses of the U.S. or California Constitutions or a violation of any other provision of the California Constitution or state law. If a person believes that the tax, as applied to him or her, is impermissible under applicable law, he or she may request that the Tax Administrator release him or her from the obligation to pay the impermissible portion of the tax. (Ord. MC-1501, passed 11-6-2018) § 5.18.190 AUDIT AND EXAMINATION OF PREMISES AND RECORDS. (A) For the purpose of ascertaining the amount of cannabis business tax owed or verifying any representations made by any taxpayer to the city in support of his or her tax calculation, the Tax Administrator shall have the power to inspect any location where commercial cannabis cultivation occurs and to audit and examine all books and records (including, but not limited to, bookkeeping records, state and federal income tax returns and other records relating to the gross receipts of the business) of persons engaged in cannabis businesses. In conducting such investigation, the Tax Administrator shall have the power to inspect any equipment, such as computers or point of sale machines, that may contain such records. (B) It shall be the duty of every person liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of at least three years, all records as may be necessary to determine the amount of such tax as he or she may have been liable for the collection of and payment to the city, which records the Tax Administrator, or his or her designee, shall have the right to inspect at all reasonable times. (Ord. MC-1501, passed 11-6-2018) § 5.18.200 OTHER LICENSES, PERMITS, TAXES, FEES OR CHARGES. (A) Nothing contained in this chapter shall be deemed to repeal, amend, be in lieu of, replace or in Packet Page 486 San Bernardino - Business Registration and Regulations92 any way affect any requirements for any city permit, permit or license required by, under or by virtue of any provision of any other chapter of this code or any other ordinance or resolution of the city, nor be deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee or other charge imposed, assessed or required by, under or by virtue of any other chapter of this code or any other ordinance or resolution of the city. Any references made or contained in any other chapter of this code to any licenses, license taxes, fees or charges, or to any schedule of license fees, shall be deemed to refer to the licenses, license taxes, fees or charges, or schedule of license fees, provided for in the other chapter of this code. (B) Notwithstanding division (A) above, a cannabis business shall not be required to pay the license fee required by Chapter 5.04 so long as all of business’s activities within the city that would require payment of a license fee are activities subject to the cannabis business tax. (C) The Tax Administrator may revoke or refuse to renew the license required by Chapter 5.04 for any business that is delinquent in the payment of any tax due pursuant to this chapter or that fails to make a deposit required by the Tax Administrator pursuant to § 5.18.060. (Ord. MC-1501, passed 11-6-2018) § 5.18.210 PAYMENT OF TAX DOES NOT AUTHORIZE UNLAWFUL BUSINESS. (A) The payment of a cannabis business tax required by this chapter, and its acceptance by the city, shall not entitle any person to carry on any cannabis business unless the person has complied with all of the requirements of this code and all other applicable state laws. (B) No tax paid under the provisions of this chapter shall be construed as authorizing the conduct or continuance of any illegal or unlawful business or any business in violation of any local or state law. (Ord. MC-1501, passed 11-6-2018) § 5.18.220 DEFICIENCY DETERMINATIONS. If the Tax Administrator is not satisfied that any statement filed as required under the provisions of this chapter is correct, or that the amount of tax is correctly computed, he or she may compute and determine the amount to be paid and make a deficiency determination upon the basis of the facts contained in the statement or upon the basis of any information in his or her possession or that may come into his or her possession within three years of the date the tax was originally due and payable. One or more deficiency determinations of the amount of tax due for a period or periods may be made. When a person discontinues engaging in a business, a deficiency determination may be made at any time within three years thereafter as to any liability arising from engaging in such business whether or not a deficiency determination is issued prior to the date the tax would otherwise be due. Whenever a deficiency determination is made, a notice shall be given to the person concerned in the same manner as notices of assessment are given under § 5.18.240. (Ord. MC-1501, passed 11-6-2018) § 5.18.230 FAILURE TO REPORT - NON-PAYMENT, FRAUD. (A) Under any of the following circumstances, the Tax Administrator may make and give notice of an assessment of the amount of tax owed by a person under this chapter at any time: (1) If the person has not filed a complete statement required under the provisions of this chapter; (2) If the person has not paid the tax due under the provisions of this chapter; Packet Page 487 Cannabis Business Tax 93 (3) If the person has not, after demand by the Tax Administrator, filed a corrected statement, or furnished to the Tax Administrator adequate substantiation of the information contained in a statement already filed, or paid any additional amount of tax due under the provisions of this chapter; or (4) If the Tax Administrator determines that the non-payment of any business tax due under this chapter is due to fraud, a penalty of 25% of the amount of the tax shall be added thereto in addition to penalties and interest otherwise stated in this chapter and any other penalties allowed by law. (B) The notice of assessment shall separately set forth the amount of any tax known by the Tax Administrator to be due or estimated by the Tax Administrator, after consideration of all information within the Tax Administrator’s knowledge concerning the business and activities of the person assessed, to be due under each applicable section of this chapter, and shall include the amount of any penalties or interest accrued on each amount to the date of the notice of assessment. (Ord. MC-1501, passed 11-6-2018) § 5.18.240 TAX ASSESSMENT - NOTICE REQUIREMENTS. The notice of assessment shall be served upon the person either by personal delivery, by overnight delivery by a nationally-recognized courier service or by a deposit of the notice in the United States mail, postage prepaid thereon, addressed to the person at the address of the location of the business or to such other address as he or she shall register with the Tax Administrator for the purpose of receiving notices provided under this chapter; or, should the person have no address registered with the Tax Administrator for such purpose, then to such person’s last known address. For the purposes of this section, a service by overnight delivery shall be deemed to have occurred one calendar day following deposit with a courier and service by mail shall be deemed to have occurred three days following deposit in the United States mail. (Ord. MC-1501, passed 11-6-2018) § 5.18.250 TAX ASSESSMENT - HEARING, APPLICATION AND DETERMINATION. Within 30 calendar days after the date of service, the person may apply in writing to the Tax Administrator for a hearing on the assessment. If application for a hearing before the city is not made within the time herein prescribed, the tax assessed by the Tax Administrator shall become final and conclusive. Within 30 calendar days of the receipt of any such application for hearing, the Tax Administrator shall cause the matter to be set for hearing before him or her no later than 30 calendar days after the receipt of the application, unless a later date is agreed to by the Tax Administrator and the person requesting the hearing. Notice of such hearing shall be given by the Tax Administrator to the person requesting such hearing not later than five calendar days prior to such hearing. At such hearing, said applicant may appear and offer evidence why the assessment as made by the Tax Administrator should not be confirmed and fixed as the tax due. After such hearing, the Tax Administrator shall determine and reassess the proper tax to be charged and shall give written notice to the person in the manner prescribed in § 5.18.240 for giving notice of assessment. (Ord. MC-1501, passed 11-6-2018) § 5.18.260 RELIEF FROM TAXES - DISASTER RELIEF. (A) If a business is unable to comply with any tax requirement due to a disaster, the business may notify the Tax Administrator of this inability to comply and request relief from the tax requirement. A request for relief must clearly indicate why relief is requested, the time period for which the relief is requested and the reason relief is needed for the specific amount of time. Packet Page 488 San Bernardino - Business Registration and Regulations94 (B) To obtain relief, the cannabis business must agree to grant the Tax Administrator, or his or her designee, access to the location where the cannabis business has been impacted due to a disaster. (C) The Tax Administrator, in his or her sole discretion, may provide relief from the cannabis business tax requirement for businesses whose operations have been impacted by a disaster of such tax liability does not exceed $5,000. If such tax liability is $5,001 or more, then such relief shall only be approved by the City Council. (D) Temporary relief from the cannabis tax may be granted for a reasonable amount of time as determined by the Tax Administrator or the City Council, as applicable in order to allow the cannabis business time to recover from the disaster. (E) The Tax Administrator or City Council, as applicable, may require that certain conditions be followed in order for a cannabis business to receive temporary relief from the cannabis business tax requirement. (F) For purposes of this section, DISASTER means fire, flood, storm, tidal wave, earthquake or similar public calamity, whether or not resulting from natural causes. (Ord. MC-1501, passed 11-6-2018) § 5.18.270 CONVICTION FOR VIOLATION - TAXES NOT WAIVED. The conviction and punishment of any person for failure to pay the required tax shall not excuse or exempt such person from any civil action for the tax debt unpaid at the time of such conviction. No civil action shall prevent a criminal prosecution for any violation of the provisions of this chapter or of any state law requiring the payment of all taxes. (Ord. MC-1501, passed 11-6-2018) § 5.18.280 VIOLATION DEEMED MISDEMEANOR. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. (Ord. MC-1501, passed 11-6-2018) § 5.18.290 SEVERABILITY. If any provision of this chapter, or its application to any person or circumstance, is determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this chapter or the application of this chapter to any other person or circumstance and, to that end, the provisions hereof are severable. (Ord. MC-1501, passed 11-6-2018) § 5.18.300 REMEDIES CUMULATIVE. All remedies and penalties prescribed by this chapter or which are available under any other provision of the municipal code and any other provision of law or equity are cumulative. The use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. (Ord. MC-1501, passed 11-6-2018) § 5.18.310 AMENDMENT OR REPEAL. (A) This chapter may be repealed or amended by the City Council without a vote of the people to the extent allowed by law. However, as required by Article XIII C of the California Constitution, voter approval is required for any amendment that would increase the rate of any tax levied pursuant to this chapter. Packet Page 489 Cannabis Business Tax 95 (B) The people of the city affirm that the following actions shall not constitute an increase of the rate of a tax: (1) The restoration or adjustment of the rate of the tax to a rate that is no higher than that set by this chapter, if the City Council has acted to reduce the rate of the tax or incrementally implement an increase authorized by this chapter; (2) An action that interprets or clarifies the methodology of the tax, or any definition applicable to the tax, so long as interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this chapter; or (3) The collection of the tax imposed by this chapter even if the city had, for some period of time, failed to collect the tax. (Ord. MC-1501, passed 11-6-2018) Packet Page 490 San Bernardino - Business Registration and Regulations96 Packet Page 491 CHAPTER 5.19: PEDDLING AND SOLICITING Section 5.19.010 Definitions 5.19.020 Permit required 5.19.030 Application for permit and permit fee 5.19.040 Police department investigation 5.19.050 Permit procedures 5.19.060 Display of permit 5.19.070 Tax exempt organizations exemption to payment of permit fee 5.19.080 Exemption of children selling for school, charity or other fundraising events 5.19.090 Violation - penalty 5.19.100 Supplemental procedure 5.19.110 Severability § 5.19.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. PEDDLING. The act by any person of going from house to house, place to place or in or along the streets within the city, either on foot, by wagon, cart, automobile, motor truck, ice cream cart, ice cream wagon, ice cream truck or any conveyance, selling and making immediate delivery of, or offering for sale and immediate delivery of, any goods, wares, merchandise or anything of value, in possession of the person. SOLICITING. The act by any person of going from house to house, place to place or in or along the streets within the city, selling or taking orders for, or offering to sell or take orders for, goods, wares, merchandise or other things of value for future delivery, or for services to be performed in the future, or asking for charitable donations. § 5.19.020 PERMIT REQUIRED. (A) It shall be unlawful for any person to engage in the business of peddling goods, wares, merchandise, fruits and vegetables or prepared/prepackaged foods, including, but not limited to: ice cream; or of soliciting orders for goods or services; or of soliciting donations for charity in an open public place or door to door within the city without first having secured a peddling or soliciting permit. A separate permit shall be required for each person who will be peddling or soliciting. (B) Permits shall be issued for a one-year period. Upon expiration of the permit, the former permitee may apply for a new permit in the same manner as a new applicant, except that if the permitee applies for a new permit before the old permit expires, the old permit shall remain in force until the City Clerk, or his or her designee, either approves or denies the application for the new permit. § 5.19.030 APPLICATION FOR PERMIT AND PERMIT FEE. (A)Permit application. The applicant for any peddling or soliciting permit shall provide to the City Clerk, or his or her designee, on a form prepared by the Clerk the following information: (1) The name, address and telephone number of the applicant; (2) The place and date of any conviction within the past ten years for a crime of moral turpitude, criminal battery, fraud, burglary or theft of the applicant; 97 Packet Page 492 San Bernardino - Business Registration and Regulations98 (3) Such fingerprints and/or other documents which reasonably relate to permitting under this title, as may be required by the Police Department, of the applicant; (4) A copy of the state sales tax permit (Cal. Revenue and Taxation Code, § 6066) for the applicant’s activities attached to the application; (5) A general description of the type of merchandise or service that the applicant proposes to peddle or solicit; (6) A statement that the applicant is not required to register under Cal. Penal Code, §§ 290 et seq.; and (7) If the applicant is a corporation, a list of all officers, directors and majority stockholders. (B)Permit application fee. Each application shall be accompanied by a non-refundable investigative fee established by resolution of the Mayor and CommonCity Council. § 5.19.040 POLICE DEPARTMENT INVESTIGATION. Upon the filing of the application required by § 5.19.030, together with the application fee(s), the City Clerk, or his or her designee, shall transmit one copy to the Police Department. The applicant shall cooperate with the Police Department in conducting its investigation and shall, if requested, provide the Police Department other documents or materials which may be requested which reasonably relate to the course of the Department’s investigation. Within 45 calendar days of the date the application is filed with the City Clerk, the Chief of Police shall report to the City Clerk in writing recommending approval or denial of the permit and stating the reasons therefor. § 5.19.050 PERMIT PROCEDURES. (A) The City Clerk, or his or her designee, shall not issue a peddler’s or solicitor’s permit unless all of the following requirements are met: (1) The applicant has submitted a correct and complete application form both as to the applicant and, if applicant is a corporation, a list of the corporation’s officers, directors and majority stockholders; (2) The applicant has provided fingerprints, if requested by the Police Department, of the applicant; (3) The applicant has paid the application fee; (4) Neither the applicant nor, if the applicant is a corporation, the corporation’s officers, directors and majority stockholders has within the past ten years been convicted of a crime of moral turpitude, criminal battery, fraud, burglary or theft; (5) Neither the applicant nor, if the applicant is a corporation, the corporation’s officers, directors and majority stockholders has ever been convicted of a crime that requires registration under Cal. Penal Code, § 290; and (6) If required, the applicant has obtained a food permit from the County Environmental Health Department. (B) Any person denied a permit pursuant to this chapter shall not peddle or solicit within the city. Upon determination of grounds to deny a permit, the City Clerk, or his or her designee, shall cause a “notice of denial” to be mailed by first class, postage prepaid mail, to the notice address designated by the applicant. (C) Any person denied a permit pursuant to these provisions may appeal pursuant to §§ 5.82.100 through 5.82.150. (D) All permits issued hereunder are non-transferable. § 5.19.060 DISPLAY OF PERMIT. Every person to whom a permit has been granted shall display the permit in a conspicuous place at all Packet Page 493 Peddling and Soliciting 99 times while peddling or soliciting. Failure to display the permit is a violation of this chapter. § 5.19.070 TAX EXEMPT ORGANIZATIONS EXEMPTION TO PAYMENT OF PERMIT FEE. Whenever any person intends to peddle or solicit goods, wares, services or merchandise for the purpose of raising funds or soliciting donations for a tax exempt organization, said applicant may apply to the City Clerk for a permit to be issued without payment of the permit fee. If satisfied that the funds will be used for the purposes mentioned herein, the City Clerk shall order the issuance of a permit for said peddling or solicitation for a term fixed by the City Clerk. § 5.19.080 EXEMPTION OF CHILDREN SELLING FOR SCHOOL, CHARITY OR OTHER FUNDRAISING EVENTS. This chapter shall not apply to children selling items for school, charity or other fundraising events. § 5.19.090 VIOLATION - PENALTY. Any person violating this chapter is guilty of a misdemeanor which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. § 5.19.100 SUPPLEMENTAL PROCEDURE. The prohibitions set forth in this chapter are supplemental to any similar prohibitions set forth in state law. § 5.19.110 SEVERABILITY. Should any provision, section, paragraph, sentence or words of this chapter be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this chapter shall remain in full force and effect. (Ord. MC-1282, passed 8-19-2008) Packet Page 494 San Bernardino - Business Registration and Regulations100 Packet Page 495 CHAPTER 5.20: MASSAGE PARLORS - MASSAGISTS Section 5.20.010 Definitions 5.20.020 Permit - required - massage technician license 5.20.030 Permit - exceptions 5.20.040 Permit - application - fee 5.20.050 Permit - application - contents 5.20.060 Necessary facilities 5.20.070 License procedures 5.20.080 Display of permit 5.20.090 Change of location 5.20.100 Employees 5.20.110 Inspection 5.20.120 Revocation of permit 5.20.130 Grounds for revocation 5.20.140 Records of treatment 5.20.150 Those practicing before chapter becomes effective 5.20.160 Expiration and renewal of permit Cross-reference: For license fees for massage parlors, see § 5.04.335. § 5.20.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. MASSAGE. The manipulation of body tissues for remedial, hygienic or other purposes by rubbing, touching, stroking, tapping, kneading or vibrating with the hands or by an instrument. MASSAGE PARLOR. Any massage establishment, or place of business wherein massage as to all, or any one or more of the subjects and methods listed in the definition of MASSAGE TECHNICIAN are administered or used. MASSAGE TECHNICIAN. Any person who practices or administers as to all or any of the following named subjects, and who has made a study of the underlying principles of anatomy and physiology as generally included in a regular course of study by a recognized and approved school of massage: the art of body massage, either by hands or with a mechanical or vibratory apparatus for the purpose of body massaging, reducing or contouring; the use of oil rubs, heat lamps, salt glows, hot and cold packs, tub, shower or cabinet baths; variations of the following procedures are employed: touch, stroking, friction, kneading, vibration, percussion and medical gymnastics. MASSAGE TECHNICIANS shall not diagnose or treat classified diseases, nor practice spinal or other joint manipulations, nor prescribe medicines or drugs. (Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975) § 5.20.020 PERMIT - REQUIRED - MASSAGE TECHNICIAN LICENSE. (A) It is unlawful for any person, association, firm or corporation to engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises within the city, the business of a massage parlor or to render or permit to be rendered massage services at a location removed from a massage establishment within the city in the absence of a permit issued pursuant to the provisions hereinafter set forth. (B) It is unlawful for any person or persons to engage in the practice or attempt to practice massage, 101 Packet Page 496 San Bernardino - Business Registration and Regulations102 whether for a fee or gratuitously, or to conduct massage without a permit issued pursuant to the provisions of this chapter. (C) It is unlawful for any person, association, firm or corporation to operate or conduct any massage parlor which does not conform to the sanitary provisions contained in this chapter, or to employ any person as a massage operator who does not hold a permit. (Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975) § 5.20.030 PERMIT - EXCEPTIONS. The requirements of this chapter shall have no application and no effect upon and shall not be construed as applying to any physician, surgeon, chiropractor, osteopath or physical therapist duly licensed by the state, or to any nurse, assistant, trainee or other person administering under the immediate Cal. Business and Professions Code or any other law of this state. (Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975) § 5.20.040 PERMIT - APPLICATION - FEE. (A) Any person desiring to obtain a permit to operate a massage parlor or to perform massage services shall make written application to the City Clerk, who shall refer all such applications to the Chief of Police for appropriate investigations. (B) (1)Massage parlor. Each application shall be accompanied by a non-refundable investigative fee established by resolution of the Mayor and CommonCity Council for each owner, plus an additional non-refundable fee established by resolution of the Mayor and CommonCity Council for each massage technician. (2)Beauty salon - accessory service. For established beauty salons holding a current business registration certificate and providing massage services as an incidental or accessory service, each application for a massage technician providing massage services shall be accompanied by a non-refundable investigative fee established by resolution of the Mayor and CommonCity Council. (C) (1)Massage parlor. Each application shall be accompanied by a non-refundable examination fee established by resolution of the Mayor and CommonCity Council for each owner, plus an additional non-refundable examination fee established by resolution of the Mayor and CommonCity Council for each massage technician. (2)Beauty salon - accessory service. For established beauty salons holding a current business registration certificate and providing massage services as an incidental or accessory service, each application for a massage technician providing massage services shall be accompanied by a non-refundable, examination fee established by resolution of the Mayor and CommonCity Council. (D) A permit to perform massage services as a massage technician does not authorize the operation of a massage parlor (E) Any person licensed to perform massage services who desires to operate a massage parlor shall separately apply for a permit therefor. (Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975; Ord. MC-744, passed 10-8-1990; Ord. MC-1273, passed 6-17-2008) § 5.20.050 PERMIT - APPLICATION - CONTENTS. An applicant for a permit shall submit the following information: (A) Full name and any alias heretofore used or currently used and current address; (B) Fingerprints as may be required by the City Police Department; (C) The two previous business and residence addresses of the applicant immediately prior to the current address; Packet Page 497 Massage Parlors - Massagists 103 (D) Written statements of at least three bona fide residents of the county that the applicant is a person of good moral character; (E) Written proof that the applicant is over the age of 18 years; (F) Applicant’s height, weight and color of eyes and hair; (G) Two current photographs at least two inches by two inches in size; (H) The business, occupation or employment of the applicant for three years immediately preceding the date of the application; (I) Any massage or similar business license history of the applicant, including whether such person, in previous operation, in this or another area, has had his or her license revoked or suspended, the reason therefor and any business activity or occupation subsequent to the action of suspension or revocation; (J) All convictions and the grounds therefor; (K) A certificate from a medical doctor designating that the applicant has, within 30 days immediately prior thereto, been examined and found to be free of any contagious or communicable disease; and (L) Applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession or work of massage technician or therapist is taught. RECOGNIZED SCHOOL means and includes any school or institution of learning approved by the State Board of Education, which has, for its purpose, the teaching of the theory, method, profession or work of massage technician, which school requires a resident course of study of not less than 600 hours to be given in not less than six calendar months before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of such study or learning. Schools offering correspondence courses and not requiring actual class attendance shall not be deemed RECOGNIZED SCHOOLS. The City Clerk shall confirm that an applicant has actually attended classes and matriculated in a recognized school by requiring the applicant to submit to a written examination in massage subjects and techniques. (Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975) § 5.20.060 NECESSARY FACILITIES. No permit to conduct a massage parlor shall be issued unless an inspection discloses that the massage parlor complies with each of the following minimum requirements. (A) A readable sign shall be posted at the main entrance identifying the establishment as a massage parlor; provided also that all such signs shall otherwise comply with the general sign requirements of Chapter 16.04. (B) Minimum lighting shall be provided in accordance with the UniformInternational Building Code, and, additionally, at least one artificial light of not less than 40 watts shall be provided in each enclosed room or booth where massage services are being rendered. (C) Minimum ventilation shall be provided in accordance with the UniformInternational Building Code. (D) Adequate equipment for disinfecting and sterilizing any instruments used for massage shall be provided. (E) Hot and cold running water shall be provided. (F) Closed cabinets shall be utilized for the storage of clean linen. (G) Adequate dressing and toilet facilities shall be provided for patrons. (H) All walls, ceilings, floors, steam or vapor rooms, and all other physical facilities for the massage parlor shall be kept in good repair and maintained in Packet Page 498 San Bernardino - Business Registration and Regulations104 a clean and sanitary condition. (I) Clean and sanitary towels and linens shall be provided for patrons receiving massage services. No common use of towels or linens shall be permitted. (Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975) § 5.20.070 LICENSE PROCEDURES. (A) Upon payment of all fees, submitting of all information required by application and upon proper inspection, a permit shall be granted, if all requirements of all departments concerned as well as those described herein are met, and unless it appears that any such applicant has deliberately falsified the application, or the record of such applicant reveals a conviction of a felony or a crime of moral turpitude. (B) Any person denied a permit pursuant to these provisions may appeal to the CommonCity Council in writing, stating reasons why the permit should be granted. The CommonCity Council may grant or deny the permit. The Council may also review any determination of the City Clerk granting or denying a permit on its own motion. (C) All permits issued hereunder are non-transferable; provided, however, that a change of location of a massage parlor may be permitted pursuant to the provisions hereof. (Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975) § 5.20.080 DISPLAY OF PERMIT. Every person to whom a permit has been granted shall display the permit in a conspicuous place. (Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975) § 5.20.090 CHANGE OF LOCATION. A change of location of the massage premises shall be approved by the Chief of Police; provided all general ordinances are complied with and the change of location fee of $10 is first paid. (Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975) § 5.20.100 EMPLOYEES. It is unlawful for the holder of a permit for a massage parlor to employ, use or permit any person to practice as a massage technician unless such massage technician has first obtained a valid permit pursuant to this chapter. (Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975; Ord. MC-460, passed 5-13-1985) § 5.20.110 INSPECTION. At least twice each year, an inspection of each massage parlor may be made for the purpose of determining that the provisions of this chapter are met. (Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975) § 5.20.120 REVOCATION OF PERMIT. (A) No permit shall be revoked until due notice and a hearing shall have been held before the Mayor and CommonCity Council to determine just cause for revocation. Notice of such hearing shall be given in writing and served at least ten days prior to the date of the hearing thereon. The notice shall state the grounds of the complaint against the holder of such permit, and shall designate the time and place where such hearing will be had. (B) The notice shall be served upon the permit holder by delivering the same personally or by leaving such notice at the place of business or residence of the permit holder in the custody of a person over the age of 18 years. In the event the permit holder cannot be found, and the service of such notice cannot be otherwise made in the manner herein provided, a copy of such notice shall be mailed, certified postage fully prepaid, addressed to the permit holder at his or her place of business or residence at least ten days prior to the date of such hearing. (Ord. 763, passed 3-2-1920; Ord. 3495, passed Packet Page 499 Massage Parlors - Massagists 105 4-24-1975) § 5.20.130 GROUNDS FOR REVOCATION. The permit of a massage technician may be revoked upon one or more of the following grounds: (A) That the holder is guilty of fraud or deceit in his or her being licensed to the practice of massage; (B) That the holder is practicing massage in a manner intended to arouse, appeal to or gratify the lust or passions or sexual desires of another; (C) That the holder has been convicted in a court of competent jurisdiction of a felony or a crime of moral turpitude; the conviction of a felony shall be the conviction of an offense which, if committed within this state, would constitute a felony under the laws thereof; (D) That the holder is impersonating another practitioner of a like or different name; and (E) That the holder has employed, allowed or permitted an unlicensed person to perform massage in his or her massage parlor. (Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975) § 5.20.140 RECORDS OF TREATMENT. Every person, association, firm or corporation operating a massage parlor under a permit as provided in this chapter shall keep a record of the date and hour of each treatment, the name and address of the patron and the name of the technician administering such treatment. Identical records shall be kept of treatments rendered off the business site, and, in addition, shall describe the address where the treatment was rendered. The records shall be maintained for a period of two years. The records shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and for other purposes related to this chapter. (Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975) § 5.20.150 THOSE PRACTICING BEFORE CHAPTER BECOMES EFFECTIVE. Any person who is actively engaged in the practice of massage in the city on the effective date of this chapter and who has practiced such profession continuously for three years or more, or has served as an apprentice continuously for three years or more at any place within the state, or has a diploma from a recognized school of massage, as defined in § 5.20.010, on the effective date of this chapter, or who is eligible for membership in the American Massage and Therapy Association (also called “A.M.T.A.”) based upon his or her experience and qualifications shall be granted a permit as a massage technician without first complying with other requirements of this chapter, except for physical conditions and adequacy of facilities, upon payment of the prescribed fee. Such person shall have one year from the effective date of this chapter to so qualify. (Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975) § 5.20.160 EXPIRATION AND RENEWAL OF PERMIT. All permits issued under the provisions hereof shall expire on January 1, 1982, and thereafter, on July 1 of each year commencing with 1983. For the period from January 1, 1982 to June 30, 1983, a renewal permit may be issued upon application to the City Clerk and payment of a renewal fee of $15. Any application for renewal must be made on or before January 15, 1982. For any renewal permits sought after June 30, 1983, a renewal permit may be issued upon application to the City Clerk and the payment of a renewal fee established by resolution of the Mayor and CommonCity Council. Any application for renewal must be made on or before July 15 of each year, commencing in 1983. In the event or failure to so apply for the renewal on or before the date specified, a person whose permit has expired shall be deemed a new applicant and shall qualify by taking the examination therefor. (Ord. 763, passed 3-2-1920; Ord. 3495, passed 4-24-1975; Ord. MC-118, passed 11-16-1981; Ord. MC-744, passed 10-8-1990) Packet Page 500 San Bernardino - Business Registration and Regulations106 Packet Page 501 CHAPTER 5.22: OUTDOOR SALES AND DISPLAYS Section 5.22.010 Permit required 5.22.020 Permit - fee 5.22.030 Permit - issuance 5.22.040 Limited outdoor displays permitted 5.22.050 Exemptions § 5.22.010 PERMIT REQUIRED. It is unlawful for any person, firm or corporation to conduct outdoor sales or displays, except upon issuance of a permit by the City Clerk. (Ord. MC-535, passed 8-6-1986) § 5.22.020 PERMIT - FEE. The permit fee shall be established by resolution of the Mayor and CommonCity Council. (Ord. MC-535, passed 8-6-1986) § 5.22.030 PERMIT - ISSUANCE. (A) Said permits shall be issued only to persons holding an active business license at the time of the application for such permit, and such permit shall be kept on the premises while in force. (B) A permit shall not be issued for the same location more than four times in any calendar year and not more than once within any 30-day period. The permit shall be valid for nine calendar days, including holidays. The beginning and ending date of the sale shall be stated in the permit. (Ord. MC-535, passed 8-6-1986) § 5.22.040 LIMITED OUTDOOR DISPLAYS PERMITTED. Limited outdoor sales and displays of merchandise may be permitted upon issuance of a permit pursuant to § 5.22.010, as long as the following criteria are met. (A) No merchandise shall be located in public rights-of-way. (B) Merchandise may be located in the parking lot, utilizing not more than 10% of the available parking spaces. (C) No merchandise shall be located in areas required to meet the landscaping standards set forth in Chapter 19.28 of the Development Code. (D) No merchandise shall be located in such a way that it creates a public safety hazard. (E) The location of merchandise for sale or display shall be restricted to those sides of the building where customer entrances are located. (Ord. MC-535, passed 8-6-1986; Ord. MC-970, passed 6-4-1996) 107 Packet Page 502 San Bernardino - Business Registration and Regulations108 § 5.22.050 EXEMPTIONS. The following uses are exempt from the provisions of this chapter: (A) Permanent outdoor sales and display areas, for major tenants (15,000 square feet or greater), pursuant to Chapter 19.06 of the Development Code; (B) Limited outside uses, such as patio dining areas and nursery sales, pursuant to Chapter 19.06 of the Development Code; (C) Display areas for the sale or rent of motor vehicles, pursuant to Chapter 19.06 of the Development Code; (D) City-sponsored uses and activities, or activities occurring on city owned property, occurring at regular periodic intervals (weekly, monthly, yearly and the like). Other city permits (building permits, encroachment permits, tent permits and the like) may be required; and (E) Personal property sales, pursuant to Chapter 5.68. (Ord. MC-970, passed 6-4-1996) Packet Page 503 CHAPTER 5.24: TRANSPORTING PERSONS FOR HIRE Section 5.24.010 Definitions 5.24.020 Tax-imposed 5.24.030 Reserved 5.24.040 Reserved 5.24.050 Reserved 5.24.060 Reserved 5.24.070 Reserved 5.24.080 Reserved 5.24.090 Reserved 5.24.100 Reserved 5.24.110 Reserved 5.24.120 Reserved 5.24.130 Reserved 5.24.140 Reserved 5.24.150 Exemption for vehicles operated exclusively in interstate commerce 5.24.160 Exemption for certain school buses 5.24.170 Exemptions and exceptions Statutory reference: For provisions authorizing local authorities to license and regulate vehicles for hire, see Cal. Vehicle Code, §§ 16501, 21100 and 21112. For provisions on the financial responsibility of commercial passenger vehicles, see Cal. Vehicle Code, §§ 16500 et seq. § 5.24.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. MOTOR VEHICLE. Used in this chapter as defined in the Motor Vehicle Transportation License Tax Act of California. OPERATOR. Defined in the Motor Vehicle Transportation License Tax Act of California, with reference only, however, to persons engaging in the transportation of persons for hire. TRANSPORTATION FOR HIRE. Deemed to include transportation for gain or profit, direct or indirect. (Ord. 763, passed 3-2-1920; Ord. 3627, passed 2-24-1977) Statutory reference: Motor Vehicle Transportation License Tax Act of California, see Cal. Revenue and Taxation Code, §§ 10701 through 11053 § 5.24.020 TAX-IMPOSED. (A) Every person whose business in whole or in part is that of operator, as defined in § 5.24.010, of any motor vehicle for the transportation of persons for hire and who, in the course of that business, uses the public streets and highways of this city for the purpose of such business, shall pay a business tax established by resolution of the Mayor and CommonCity Council. (B) The business taxed under the provisions of this chapter shall be the transportation of persons by an operator: (1) Wholly within the city; (2) From a place or places outside the city to a place or places within the city; (3) From a place or places within the city to a place or places outside of the city; and (4) From a place or places within the city to a place or places also within the city even though such transportation involves going outside the city in the 109 Packet Page 504 San Bernardino - Business Registration and Regulations110 course thereof. (C) This chapter shall not apply to the business of operating motor coaches or other motor vehicles under the provisions of a franchise granted pursuant to provisions of the City Charter and Ord. 1666 (Chapter 5.60) or 1987 (Chapter 5.76); nor shall this section apply to an operator who transports persons for hire from a place or places outside the city to a place or places within the city by taxicabs when said operator does not also transport persons for hire from a place within the city. (Ord. 763, passed 3-2-1920; Ord. 3627, passed 2-24-1977; Ord. MC-743, passed 10-8-1990) § 5.24.030 RESERVED. [Reserved] (Repealed by Ord. MC-743, passed 10-8-1990) § 5.24.040 RESERVED. [Reserved] (Repealed by Ord. MC-743, passed 10-8-1990) § 5.24.050 RESERVED. [Reserved] (Repealed by Ord. MC-743, passed 10-8-1990) § 5.24.060 RESERVED. [Reserved] (Repealed by Ord. MC-743, passed 10-8-1990) § 5.24.070 RESERVED. [Reserved] (Repealed by Ord. MC-743, passed 10-8-1990) § 5.24.080 RESERVED. [Reserved] (Repealed by Ord. MC-743, passed 10-8-1990) § 5.24.090 RESERVED. [Reserved] (Repealed by Ord. MC-743, passed 10-8-1990) § 5.24.100 RESERVED. [Reserved] (Repealed by Ord. MC-743, passed 10-8-1990) § 5.24.110 RESERVED. [Reserved] (Repealed by Ord. MC-743, passed 10-8-1990) § 5.24.120 RESERVED. [Reserved] (Repealed by Ord. MC-743, passed 10-8-1990) § 5.24.130 RESERVED. [Reserved] (Repealed by Ord. MC-743, passed 10-8-1990) § 5.24.140 RESERVED. [Reserved] (Repealed by Ord. MC-743, passed 10-8-1990) § 5.24.150 EXEMPTION FOR VEHICLES OPERATED EXCLUSIVELY IN INTERSTATE COMMERCE. No tax hereunder shall be required for the operation of any motor vehicle for any day or fraction thereof when such vehicle is operated exclusively between points within this city and points without this state. (Ord. 763, passed 3-2-1920; Ord. 3627, passed Packet Page 505 Transporting Persons for Hire 111 2-24-1977) § 5.24.160 EXEMPTION FOR CERTAIN SCHOOL BUSES. No tax hereunder shall be required for the operation of any motor vehicle for any day or fraction thereof when such vehicle is operated exclusively on any day to transport students or members of bona fide youth organizations and their supervising adults to and from public or private schools, school events or other youth activities, without regard to the manner or source of compensation to the operator. (Ord. 763, passed 3-2-1920; Ord. 3627, passed 2-24-1977) § 5.24.170 EXEMPTIONS AND EXCEPTIONS. No tax hereunder shall be required for the operation of any motor vehicle for any day or fraction thereof when such vehicle is operated exclusively between fixed termini or over regular routes in passenger stage operations under certificate issued by the Public Utilities Commission pursuant to the Cal. Public Utilities Code, Division 1, Part 1, Chapter 5, Article 2 and for which operation a certificate of public convenience and necessity has been issued by the Interstate Commerce Commission. (Ord. 763, passed 3-2-1920; Ord. 3627, passed 2-24-1977) Packet Page 506 San Bernardino - Business Registration and Regulations112 Packet Page 507 CHAPTER 5.26: SHOPPING CARTS Section 5.26.010 Purpose 5.26.020 Definitions 5.26.030 Removal of shopping carts from public property 5.26.040 Disposal 5.26.050 Tag tampering prohibited 5.26.060 Unauthorized removal or possession of shopping carts 5.26.070 Impound appeal § 5.26.010 PURPOSE. Abandoned shopping carts located outside the premises or parking areas of retail establishments and on public or private properties and viewable from the public rights-of-way are injurious to the public health, safety and welfare and constitute a public nuisance. This nuisance is caused by persons unlawfully removing shopping carts from the premises or parking areas of retail establishments, by certain retail establishments failing to maintain adequate supervision of their premises and parking areas and failing to implement effective cart removal prevention programs or cart retrieval programs. The purpose of this chapter is to establish reasonable regulations for the collection and impound of abandoned shopping carts and to supplement provisions of state law regarding the unauthorized removal of shopping carts from the premises and parking areas of retail establishments. § 5.26.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AUTHORIZED CONTRACTOR. A private company providing shopping cart retrieval services, as designated by the City Council. CITY. The City of San Bernardino or its designated representatives. OWNER-IDENTIFIED SHOPPING CART. A shopping cart that has a permanently affixed sign that identifies, in accordance with the Cal. Business and Professions Code, § 22435.1, the owner of the cart or the retailer, or both; notifies the public of the procedure to be utilized for authorized removal of the cart from the owner’s premises; notifies the public that the unauthorized removal of the cart from the cart owner’s premises or parking area or the unauthorized possession of the cart is a violation of the state law; and lists a valid telephone number or address for returning the cart to the owner or retailer. PERSON. An individual or entity. PUBLIC PROPERTY. All real property in the city in which a public agency has a fee simple, easement, lease-hold interest or any possessory interest. This includes, but is not limited to, streets, sidewalks, parks and flood control facilities. RETAIL ESTABLISHMENT. Any establishment utilizing shopping carts outside of the establishment. SHOPPING CART or CART. A basket that is mounted on wheels or a similar device generally used in retail establishment by a customer for the purpose of transporting goods of any kind. UNIDENTIFIED SHOPPING CART. A shopping cart that is not an owner-identified shopping cart. § 5.26.030 REMOVAL OF SHOPPING CARTS 113 Packet Page 508 San Bernardino - Business Registration and Regulations114 FROM PUBLIC PROPERTY. (A) Upon the discovery of an unidentified shopping cart on public property, the city or its authorized contractor may remove the cart. Such carts shall be tagged with date and location and shall be impounded for 30 calendar days at a location selected by the city. A claim for a cart shall be presented to the City Administrator, or his or her duly authorized representative, and shall be accompanied by proof of ownership of the cart. A person demonstrating proof of ownership of a cart stored by the city shall pay the city’s tagging and retrieval fee, as set by City Council resolution, prior to the cart being released. (B) Upon the discovery of any owner-identified shopping cart on public property, the city or its authorized contractor may remove the cart and promptly return it to the owner or premises identified thereon, or impound the same for safekeeping and provide actual notice within 24 hours following such storage to the owner, or his or her agent, where it may be retrieved at no charge or cost if so retrieved within three business days following the date of actual notice as provided herein. Each such cart shall be tagged with the date and location of impoundment. Pursuant to Cal. Business and Professions Code, § 22453.7(i)22435.7(i), said actual notice given to the owner of any owner-identified shopping cart which is impounded pursuant to this section shall further specify the date and time of such impoundment, the cost of retrieval if not so retrieved within three business days following date of actual notice and that failure to retrieve such cart within 30 calendar days of receipt of such notice may result in the cart being disposed of as permitted by law. (C) This section shall not apply to a cart attended by any person who can demonstrate, to the satisfaction of the city or its authorized contractor, ownership of the shopping cart, or written permission of the owner, to have the cart in his or her possession. § 5.26.040 DISPOSAL. After the expiration of the 30-day period specified in § 5.26.030(A), the city, or its authorized contractor with the city’s approval, may sell an unclaimed unidentified shopping cart at public auction or otherwise dispose of the cart. After the expiration of the 30-day period specified in § 5.26.030(B), the city may sell or otherwise dispose of any unclaimed owner-identified shopping cart as authorized by Cal. Business and Professions Code, § 22435.7(g). § 5.26.050 TAG TAMPERING PROHIBITED. (A) It shall be a misdemeanor for any person to remove any tag affixed by the city, or its authorized contractor, to any shopping cart with the intent of interfering with the enforcement of this chapter or evading any of its provisions. (B) It shall be a misdemeanor for any person to obstruct, impede or interfere with any representative of the city, or its authorized contractor, who is engaged in tagging, removing or transporting a shopping cart in accordance with this chapter. § 5.26.060 UNAUTHORIZED REMOVAL OR POSSESSION OF SHOPPING CARTS. (A) It shall be a misdemeanor to do any of the following acts with respect to an owner-identified shopping cart: (1) Remove a shopping cart from the premises or parking area of a retail establishment with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart; (2) Be in possession of any shopping cart that has been removed from the premises or the parking area of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart; (3) Be in possession of any shopping cart with serial numbers removed, obliterated or altered, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart; (4) Leave or abandon a shopping cart at a location other than the premises or parking area of the retail establishment with the intent to temporarily or Packet Page 509 Shopping Carts 115 permanently deprive the owner or retailer of possession of the cart; (5) Alter, convert or tamper with a shopping cart, or remove any part or portion thereof, or to remove, obliterate or alter serial numbers on a cart, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart; and (6) Be in possession of any shopping cart while that cart is not located on the premises or parking lot of a retail establishment, with the intent to temporarily or permanently deprive the owner or retailer of possession of the cart. (B) This section shall not apply to any person who can satisfactorily demonstrate ownership of the shopping cart, or to any person having written permission of the owner to have the cart in his or her possession. (C) Any such shopping cart in the possession of any person found to be in violation of Cal. Business and Professions Code, § 22435.2 may be returned to the owner or premises identified thereon by the city or its authorized contractor, or may be impounded for safekeeping provided actual notice within 24 hours following such storage is given to the owner, or his or her agent, where said cart may be retrieved at no charge or cost if so retrieved within three business days following the date of actual notice as provided herein. Each such cart shall be tagged with the date and location of impoundment. Pursuant to Cal. Business and Professions Code, § 22453.7(i)22435.7(i), said actual notice given to the owner of any such shopping cart which is impounded pursuant to this section shall further specify the date and time of such impoundment, the cost of retrieval if not so retrieved within three business days following date of actual notice and that failure to retrieve such cart within 30 calendar days of receipt of such notice may result in the cart being disposed of as permitted by law. § 5.26.070 IMPOUND APPEAL. (A) Any person who can demonstrate that he or she is a cart owner may appeal the imposition of a tagging and retrieval fee by presenting evidence that the cart removal and storage was not performed substantially in accordance with the provisions of this chapter. Appeals shall be made in writing to the Mayor, or the Mayor’s duly authorized representative, within ten calendar days of notification of such assessed fee. An office hearing will be held within 30 calendar days of the receipt of such appeal request. The shopping cart owner or authorized representative may appear and be heard on the matter. If the Mayor, or the Mayor’s duly authorized representative, determines that the shopping cart was not removed and stored in substantial accordance with the provisions of this chapter, the tagging and retrieval fee shall be waived and the shopping cart shall be returned. (B) The Mayor, or the Mayor’s duly authorized representative, shall, within ten working days after the conclusion of the hearing, give written notice of his or her decision to the party or parties who filed the appeal. The notice shall contain the decision and the reasons therefor. The decision of the Mayor, or the Mayor’s duly authorized representative, shall be final and conclusive and shall not be subject to any further appeal. Pursuant to Cal. Code of Civil Procedure, § 1094.6, any action to review said decision shall be commenced not later than the ninetieth day after the date of the written notice of decision. (Ord. MC-1038, passed 1-12-1999) Packet Page 510 San Bernardino - Business Registration and Regulations116 Packet Page 511 ARTICLE II. SPECIFIC BUSINESSES CHAPTER 5.28: AUTOMOBILE WRECKERS Section 5.28.010 Copy of notification to Police Department § 5.28.010 COPY OF NOTIFICATION TO POLICE DEPARTMENT. Any licensed automobile wrecker who, as a transferee, obtains actual possession of a vehicle subject to registration under Cal. Vehicle Code, Division 5, Chapter 3 (commencing with § 11500) or other law for the purpose of wrecking or dismantling shall forward a copy of the notification required by Cal. Vehicle Code, § 11520 to the City Police Department. (Ord. 821, passed 8-9-1921; Ord. 2455, passed 8-13-1962) 117 Packet Page 512 San Bernardino - Business Registration and Regulations118 Packet Page 513 CHAPTER 5.30: SIDEWALK VENDING Section 5.30.010 Purpose and intent 5.30.020 Definitions 5.30.030 Permits required 5.30.040 Review of permit application; decision 5.30.050 Renewal of sidewalk vending permit 5.30.060 Stationary sidewalk vending locations and standards 5.30.070 Sidewalk vending in parks, certified farmers’ markets 5.30.080 Roaming sidewalk vending 5.30.090 Suspension; rescission 5.30.100 Appeals 5.30.110 Compliance with all applicable state laws 5.30.120 Penalties § 5.30.010 PURPOSE AND INTENT. The vending of prepared or pre-packaged foods, goods and/or wares at semi-permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety and welfare of residents and visitors. The purpose of this chapter is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices; prevent safety, traffic and health hazards; and preserve the public peace, safety and welfare of the community. (Ord. MC-1517, passed 6-19-2019) § 5.30.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AGRICULTURAL PRODUCTS. Agricultural, horticultural, viticultural and dairy products, livestock and the products thereof, the products of poultry and bee raising, the edible products of forestry and any and all products raised or produced on farms and processed or manufactured products thereof. AGRICULTURAL PRODUCTS does not include cannabis or cannabis products. CERTIFIED FARMERS’ MARKET. A location operated in accordance with the Cal. Food and Agricultural Code, Division 17, Chapter 10.5 (commencing with § 47000) and any regulations adopted pursuant to that chapter. CITY. The City of San Bernardino. COUNTY. The County of San Bernardino. DIRECTOR OF FINANCE AND MANAGEMENT SERVICES. The Director of Finance and Management Services, or his or her designee. PARK. A public park owned by the city. ROAMING SIDEWALK VENDOR or VENDING. A sidewalk vendor who moves from place to place and stops only to complete a transaction. SIDEWALK VENDOR or VENDING. A person who sells, offers to sell, operates, engages in or carries on a food or merchandise vending business 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, property or other pedestrian path. 119 Packet Page 514 San Bernardino - Business Registration and Regulations120 STATIONARY SIDEWALK VENDOR. A person who sells, offers to sell, operates, engages in or carries on a food or merchandise vending business from a fixed location without assistance from a transport. SWAP MEET. A location operated in accordance with the Cal. Business and Professions Code, Division 8, Chapter 9, Article 6 (commencing with § 21660), and any regulations adopted pursuant to that article. TEMPORARY EVENT PERMIT. Any use as permitted under Chapter 19.70. (Ord. MC-1517, passed 6-19-2019; Ord. MC-1625, passed 2-21-2024) § 5.30.030 PERMITS REQUIRED. (A) (1) All sidewalk vendors shall obtain a sidewalk vending permit from the City Business Registration Division prior to engaging in any sidewalk vending activities. (2) The following information shall be required: (a) Name, current mailing address and phone number of the vendor; (b) If the vendor is an agent of an individual, company, partnership or corporation, the name and business address of the principal; (c) A description of the merchandise/ goods to be offered for sale or exchange and the days/hours of sales; (d) A copy of the state seller’s permit with the sales tax number issued by the State Department of Tax and Fee Administration to the vendor; (e) The vendor must present a valid identification, such as a state identification, Matricula Consular or any other government-issued identification card; (f) If preparing or selling food, a copy of a current County Public Health Department permit issued to the vendor; (g) If vendor is selling food, a current decal sticker posted on the food cart issued by the County Public Health Department; (h) If the vendor proposes to be a sidewalk vendor, a description or site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of 36 inches of accessible route area, in compliance with the Americans with Disabilities Act of 1990, being 42 U.S.C. §§ 12101 et seq.; (i) If the vendor proposes to be a sidewalk vendor, an encroachment permit pursuant to § 12.03.060; (j) A copy of general liability policy naming the city as additional insured in the amount of $1,000,000; and (k) A certification by the vendor that, to his or her knowledge and belief, the information contained in the application is true. (B) At the time the application or renewal application is filed, the application shall pay the permit processing fee established by separate resolution of the City Council. (Ord. MC-1517, passed 6-19-2019) § 5.30.040 REVIEW OF PERMIT APPLICATION; DECISION. (A)Denial of application. The Director of Finance and Management Services may deny an application for a permit if he or she makes any of the following findings: (1) The applicant has failed to pay the application permit fee; (2) The applicant has made one or more material misstatements in the application for a permit; (3) The applicant’s vending operation, as Packet Page 515 Sidewalk Vending 121 described in the application, is inconsistent with the standards, conditions and requirements of this chapter; or (4) It is determined that the applicant does not possess all federal, state and local permits and licenses necessary to engage in the activity in which he or she seeks to engage. (B)Notice of denial. If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form. (C)Approval of permit. If the Director of Finance and Management Services approves the applicant’s permit, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant. (D)Exemptions. A sidewalk vending permit shall not be required for the following activities: (1) The sale of agriculture products on the site where the product is grown. As defined in § 5.30.020, AGRICULTURE PRODUCTS does not include cannabis. Sale of cannabis products must adhere to regulations as stipulated in Chapter 5.10; (2) Catering for private parties held exclusively on private property and not open to the general public; and (3) Events permitted pursuant to a lawfully issued temporary event permit, including, but not limited to, a certified farmers’ market, swap meet, street fairs, outdoor concerts, sport league opening day and business sidewalk sales. (E)Term of permit. A sidewalk vending permit issued pursuant to this chapter shall automatically expire one year from the date issued, unless an earlier expiration date is noted on the permit. (F)Transferability. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated. (Ord. MC-1517, passed 6-19-2019; Ord. MC-1625, passed 2-21-2024) § 5.30.050 RENEWAL OF SIDEWALK VENDING PERMIT. All sidewalk vendors shall annually apply for renewal of their sidewalk vending permit from the City Director of Finance and Management Services prior to continuing to engage in any sidewalk vending activities. Any sidewalk vendor who currently possesses a sidewalk vending permit allowing him, her or it to operate a vending operation must, upon time of renewal of his, her or its license, apply for a sidewalk vending permit, supplying the information as required in § 5.30.030. (Ord. MC-1517, passed 6-19-2019; Ord. MC-1625, passed 2-21-2024) § 5.30.060 STATIONARY SIDEWALK VENDING LOCATIONS AND STANDARDS. (A) Stationary sidewalk vendors shall be prohibited from operating or establishing in any residential zone of the city. (B) Stationary sidewalk vendors may operate in non-residential zones of the city, including mixed use zones, provided they meet the following: (1) The sidewalk vendor is duly licensed and meets all requirements of § 5.30.030; (2) The sidewalk vendor can set up his or her vending operation while still leaving a minimum of 36 inches of accessible path of travel, without obstruction, along the public sidewalk or public pathway; (3) If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid health permit issued by the county in a conspicuous location on the food cart; (4) If the sidewalk vendor is selling food, all employees shall possess a current food handlers Packet Page 516 San Bernardino - Business Registration and Regulations122 card, issued by the county; (5) Sidewalk vendor food cart shall possess a current decal sticker posted on the food cart; (6) Sidewalk vending hours shall be conducted between the hours of 8:00 a.m. and 3:00 a.m. the following day; (7) The sidewalk vendor maintains the vending area in a clean, orderly and sanitary condition; (8) The sidewalk vendor location does not block entrances to private buildings, private driveways, parking spaces or building windows; (9) No vending shall occur within ten feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway or police station driveway; (10) No tables, chairs, fences, shade structures, other site furniture or any freestanding signs shall be permitted in conjunction with the vendors vending activities; (11) The vendor shall not attach or use any water lines, electrical lines or gas lines during vending operations; (12) Exterior storage or display of refuse, equipment, materials, goods, wares or merchandise associated with the vendor is prohibited; (13) No vending shall occur within the immediate vicinity of a certified farmers’ market, a swap meet or an event held pursuant to a temporary event permit; and (14) The sidewalk vendor shall not discharge any liquid (e.g., water, grease, oil and the like) onto or into the city streets, storm drains, catch basins or sewer facilities. All discharges shall be contained and properly disposed of by the vendor. (Ord. MC-1517, passed 6-19-2019) § 5.30.070 SIDEWALK VENDING IN PARKS, CERTIFIED FARMERS’ MARKETS. (A) Sidewalk vending of food or merchandise by roaming or stationary vendors shall be prohibited in any city park with a concession stand operated by a vendor under exclusive contract with the city selling similar food or merchandise or in an area occupied by a certified farmers’ market. (B) Subject to division (A) above, sidewalk vendors may operate in city parks; provided they meet the following: (1) The sidewalk vendor is duly licensed and meets all requirements of § 5.30.030(A); (2) For stationary sidewalk vending, the sidewalk vendor can set up their vending operation while still leaving a minimum of 36 inches of accessible path of travel, without obstruction, along the public sidewalk or public pathway; (3) The sidewalk vendor shall cease operations one hour prior to the close of the park; (4) The sidewalk vendor maintains the vending area in a clean, orderly and sanitary condition; (5) If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid health permit issued by the county in a conspicuous location on the food cart; (6) If the sidewalk vendor is selling food, all employees shall possess a current food handlers card, issued by the county; (7) Sidewalk vendor food cart shall possess a current decal sticker posted on the food cart; (8) The sidewalk vendor location does not block entrances to buildings, driveways, parking spaces or building windows; (9) No vending shall occur within the immediate vicinity of an event held pursuant to a temporary event permit; Packet Page 517 Sidewalk Vending 123 (10) In city parks that are located within a residential zone, where stationary sidewalk vending is prohibited, as described in division (A) above, only roaming sidewalk vendors shall be allowed in such parks; and (11) The city can impose regulations to limit the number of sidewalk vendors in city parks to limit the undue concentration of commercial activity that unreasonable interferes with the scenic and natural character of the park or necessary to endure the public’s use and enjoyment of the natural resources and recreational opportunities of city parks. (Ord. MC-1517, passed 6-19-2019) § 5.30.080 ROAMING SIDEWALK VENDING. Roaming sidewalk vendors shall meet the following: (A) The sidewalk vendor is duly licensed and meets all requirements of § 5.30.030(A); (B) If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid health permit issued by the county in a conspicuous location on the food cart; (C) If the sidewalk vendor is selling food, all employees shall possess a current food handlers card, issued by the county; (D) Sidewalk vendor food cart shall possess a current decal sticker posted on the food cart; (E) Sidewalk vending hours for residential zones shall be conducted between the hours of 8:00 a.m. and 8:00 p.m.; (F) Sidewalk vending hours for non-residential zones shall be conducted between the hours of 8:00 a.m. and 8:00 p.m. of every day; (G) The sidewalk vendor maintains their temporary vending area in a clean, orderly and sanitary condition; (H) The sidewalk vendor does not block entrances to buildings, driveways, parking spaces or building windows; (I) The sidewalk vendor does not conduct sales from a public street; (J) No vending shall occur within the immediate vicinity of a certified farmers’ market, a swap meet or an event held pursuant to a temporary event permit; and (K) The vendor shall not discharge any liquid (e.g., water, grease, oil and the like) onto or into city streets, storm drains, catch basins or sewer facilities. All discharges shall be contained and properly disposed of by the vendor. (Ord. MC-1517, passed 6-19-2019) § 5.30.090 SUSPENSION; RESCISSION. (A) A sidewalk vendor permit issued under this chapter may be suspended or rescinded by the Director of Finance and Management Services after four or more violations of this chapter, for any of the following causes: (1) Fraud or misrepresentation in the course of vending; (2) Fraud or misrepresentation in the application for the permit; and/or (3) Vending in a manner that creates a public nuisance or constitutes a danger to the public. (B) Notice of the suspension or rescission of a sidewalk vendor permit issued under this chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address. (C) No person whose street vending permit has been revoked pursuant to this chapter shall be issued a street vending permit for a period of two years from the date revocation becomes final. (Ord. MC-1517, passed 6-19-2019; Ord. MC-1625, passed 2-21-2024) Packet Page 518 San Bernardino - Business Registration and Regulations124 § 5.30.100 APPEALS. In the event that any applicant or permittee desires to appeal from any order, rescission or other ruling of the Director of Finance and Management Services made under the provisions of this chapter, such applicant or any other person aggrieved shall have the right to appeal such action or decision in accordance with § 8.30.030. (Ord. MC-1517, passed 6-19-2019; Ord. MC-1625, passed 2-21-2024) § 5.30.110 COMPLIANCE WITH ALL APPLICABLE STATE LAWS. It is the intent of this chapter to regulate sidewalk street vendors in compliance with all provisions of the Safe Sidewalk Vending Act. It is also the intent of this provision for sidewalk vendors to comply with all applicable state and local laws. (Ord. MC-1517, passed 6-19-2019) Statutory reference: Safe Sidewalk Vending Act, see Cal. Gov’t Code, §§ 51036 through 51039 § 5.30.120 PENALTIES. (A) (1) It is unlawful for any person to violate any provision or fail to comply with any requirements of this chapter. (2) A violation of this chapter shall by punished by: (a) An administrative fine not exceeding $100 for a first violation; (b) An administrative fine not exceeding $200 for a second violation within one year of the first violation; and (c) An administrative fine not exceeding $500 for each additional violation within one year of the first violation. (B) A violation of vending without a sidewalk vending permit may, in lieu of the penalties set forth in division (A) set forth above, be punished by: (1) An administrative fine not exceeding $250 for a first violation; (2) An administrative fine not exceeding $500 for a second violation within one year of the first violation; and (3) An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation. (C) If an individual is subject to division (B) above for vending without a sidewalk vending permit, upon the individual providing proof of a valid permit issued by the city, the administrative fines set forth in this chapter shall be reduced to the administrative fines set forth in division (A) above, respectively. (D) The proceeds of any administrative fines assessed pursuant to this chapter shall be deposited in the City Treasury. (E) Failure to pay an administrative fine assessed under this chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments or any other financial conditions beyond those authorized in this chapter shall not be assessed. (F) Any violation of this chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this chapter shall not be subject to arrest except when otherwise permitted under law. (G) When assessing an administrative fine pursuant to this chapter, the adjudicator shall take into consideration the person’s ability to pay the fine. The city shall provide the person with notice of his or her right to request an ability-to-pay determination and Packet Page 519 Sidewalk Vending 125 shall make available instructions or other materials for requesting an ability-to-pay determination. The person 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 comprehensive collection program. (1) If the person meets the criteria described in Cal. Gov’t Code, § 68632(a) or (b), the city shall accept, in full satisfaction, 20% of the administrative fine imposed pursuant to this chapter. (2) The city may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine or may offer an alternative disposition. (H) A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under SB 946 (being Cal. Gov’t Code, §§ 51036 through 51039) had SB 946 been in effect at the time of the offense, may petition for dismissal of the sentence, fine or conviction before the trial court that entered the judgment of conviction in his or her case. (I) Nothing contained herein shall be construed to impede the city’s or county’s ability to enforce County Health Department codes, regulations and ordinances. (Ord. MC-1517, passed 6-19-2019; Ord. MC-1545, passed 10-7-2020) Packet Page 520 San Bernardino - Business Registration and Regulations126 Packet Page 521 CHAPTER 5.32: BILLIARD ROOMS AND POOLROOMS Section 5.32.010 License and permit - required 5.32.020 Permit - application 5.32.030 Permit - condition and unlawful acts 5.32.040 Violations of laws on lotteries, gaming or gambling 5.32.050 Profanity 5.32.060 Responsibility of owner for enforcement 5.32.070 Signs to be posted setting forth rules and regulations 5.32.080 Games open to public view when 5.32.090 Imposition of condition upon issuance of permit 5.32.100 Investigation fee 5.32.110 Suspension or revocation of permit 5.32.120 Reserved § 5.32.010 LICENSE AND PERMIT - REQUIRED. It is unlawful for any person, whether as principal, officer, clerk, agent or employee, either for himself or herself or for any other person, to engage in, conduct, carry on or maintain the business, trade, occupation or calling of conducting a billiard room or poolroom in the city without first having procured therefor a license from the City Clerk and a permit in writing from the CommonCity Council. (Ord. 2589, passed 6-23-1964) § 5.32.020 PERMIT - APPLICATION. Any person who desires to procure a permit for conducting or maintaining in the city a billiard room or poolroom shall make application therefor in writing to the City Clerk. Such application shall be made on a form prescribed by the City Clerk, and shall be verified by one of the applicants. Such application shall set forth the name of the applicant or applicants, the location of such proposed business and the number of billiard or pool tables intended to be kept therein. (Ord. 2589, passed 6-23-1964) § 5.32.030 PERMIT - CONDITION AND UNLAWFUL ACTS. (A) Each permit shall be conditional upon, and it is unlawful: (1) For any person under the age of 18 years to enter and remain in any establishment where any billiard or pool table is maintained for public use or hire unless accompanied by his or her parent or guardian, or unless said parent or guardian has signed in the presence of the owner thereof, an annual written consent and permission for attendance by such person when he or she was of the age of 14 or more years; (2) For the management of any establishment where any billiard or pool table is maintained for public use or hire to permit a person under the age of 18 years to enter and remain in such establishment unless accompanied by his or her parent or guardian, or unless said parent or guardian has signed in the presence of the owner thereof, an annual written consent and permission for attendance by such person when he or she was of the age of 14 or more years; (3) For any person under the age of 18 years to enter and remain in any establishment where any billiard or pool table is maintained for public use or hire after the hour of 10:00 p.m.; (4) For the management of any 127 Packet Page 522 San Bernardino - Business Registration and Regulations128 establishment where any billiard or pool table is maintained for public use or hire to permit a person under the age of 18 years to enter and remain in such an establishment after the hour of 10:00 p.m.; (5) For any person under the age of 21 years to violate any law pertaining to alcoholic beverages in any establishment where any billiard or pool table is maintained for public use or hire; (6) For the management of any establishment where any billiard or pool table is maintained for public use or hire to violate any law pertaining to alcoholic beverages; and (7) For the management of any establishment where any billiard or pool table is maintained for public use or hire to fail to have an employee of the age of 21 years or older in attendance at all times when the establishment is open to the public. (B)MANAGEMENT includes owner, lessee or any agent, employee, representative or concessionaire of such owner or lessee. (C) For the purpose of preventing the violation of any portion of this section, the management shall refuse to permit any person to remain in any establishment where any billiard or pool table is maintained for public use or hire who is unable to produce adequate written evidence of his or her age, or in the event such person is under the age of 18 years, who is not accompanied by his or her parent or guardian, or for whom there is not an annual written consent and permission document on file with the management. (Ord. 2589, passed 6-23-1964; Ord. 2598, passed 7-25-1964) § 5.32.040 VIOLATIONS OF LAWS ON LOTTERIES, GAMING OR GAMBLING. It is unlawful for any person to violate any law pertaining to lotteries, gaming or gambling on the premises of the billiard room or poolroom. (Ord. 2589, passed 6-23-1964) § 5.32.050 PROFANITY. No profanity of any kind shall be used, suffered, allowed or permitted on the premises of the billiard room or poolroom. (Ord. 2589, passed 6-23-1964) § 5.32.060 RESPONSIBILITY OF OWNER FOR ENFORCEMENT. The owners, managers and operators, and each of them, of the billiard room or poolroom shall be strictly responsible for the enforcement of all required rules and regulations, and shall not permit any person violating any rule or regulation to remain in such billiard room or poolroom, and shall not permit any habitual violator to enter such billiard room or poolroom. (Ord. 2589, passed 6-23-1964) § 5.32.070 SIGNS TO BE POSTED SETTING FORTH RULES AND REGULATIONS. At least four signs shall be posted and maintained at conspicuous places in and about the billiard room or poolroom, printed in bold one-inch high letters placed on a contrasting background, and setting forth the substance of the rules and regulations contained in this chapter. (Ord. 2589, passed 6-23-1964) § 5.32.080 GAMES OPEN TO PUBLIC VIEW WHEN. When any room or place is maintained where games of billiards, pool or bagatelle are conducted for profit, which room or place is a part or portion of a business affording amusement or recreational games for which a fee is charged, said games shall be, at all times, open to public view from the sidewalk or street right-of-way adjoining the room or place; and any partitions between the room or place and other game areas shall be made of not less than 50% transparent glass between a point three feet above the floor and a point six feet above the floor. (Ord. 2589, passed 6-23-1964) Packet Page 523 Billiard Rooms and Poolrooms 129 § 5.32.090 IMPOSITION OF CONDITION UPON ISSUANCE OF PERMIT. The CommonCity Council may impose any reasonable condition upon the issuance of the permit in addition to the conditions and regulations set forth in this chapter (Ord. 2589, passed 6-23-1964) § 5.32.100 INVESTIGATION FEE. At the time of filing each original application, the applicant shall pay to the City Clerk an application investigation fee of $25 for each location or address where it is proposed to conduct a billiard room or poolroom. If the application is denied, such fee shall not be refunded. (Ord. 2589, passed 6-23-1964) § 5.32.110 SUSPENSION OR REVOCATION OF PERMIT. Any permit issued for a billiard room or poolroom may be revoked or suspended for a violation of any of the conditions of the permit, or of the provisions of this chapter or other provisions of law, or for good cause, which shall include, but not be limited to, a material misstatement in the application for the permit, or conduct which does not comport with the public welfare. No permit shall be revoked for any cause or violation until a public hearing has been held thereon by the CommonCity Council, and the permittee has been given five days’ notice in writing of the time and place of such hearing either by United States mail, or by personal service, and a brief statement of specific charges; provided that any permit may be suspended by the Mayor, pending the holding of a public hearing as provided above, by causing a written notice of such temporary suspension to be delivered to the permittee personally, or to his or her manager. (Ord. 2589, passed 6-23-1964) § 5.32.120 RESERVED. [Reserved] (Repealed by Ord. MC-460, passed 5-15-1985) Packet Page 524 San Bernardino - Business Registration and Regulations130 Packet Page 525 CHAPTER 5.36: BINGO GAMES Section 5.36.010 Definitions 5.36.015 Remote caller bingo - authorization 5.36.020 License - required 5.36.030 License - fee and investigation fee 5.36.040 License - application 5.36.050 License - issuance 5.36.060 Operation of bingo game 5.36.065 Operation of remote caller bingo games 5.36.070 Financial interest 5.36.080 Accounts for profits and proceeds 5.36.090 Participation limited to those present 5.36.100 Bingo game open to public 5.36.110 Value of prizes 5.36.120 Minors prohibited from participation 5.36.130 Display of license 5.36.140 License not transferable 5.36.150 Suspension or revocation of license 5.36.160 Disciplinary action - grounds 5.36.170 Procedure 5.36.180 Pending revocation or suspension - proceedings effect on license 5.36.190 License renewal - effect of pendency of proceeding to suspend or revoke license 5.36.200 Fictitious name Statutory reference: For provisions authorizing bingo games for charity, see Cal. Penal Code § 326.5. § 5.36.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BINGO. A game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. BINGO shall be conducted in accordance with the applicable statutes of the State of California. MINORS. All persons defined as minors under Cal. Civil Code, § 25.1.Family Code, § 6500. NON-PROFIT ORGANIZATION. An organization exempted by the bank and corporation tax by Cal. Revenue and Taxation Code, §§ 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) or 23701(l).§§ 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701. PRIZES. Cash, kind or both for each separate game which is held. REMOTE CALLER BINGO. A game of bingo, as defined in Cal. Penal Code, § 326.3(u)(1). (Ord. 3606, passed 10-26-1976; Ord. 3684, passed 11-9-1977; Ord. 3976, passed 10-8-1980; Ord. MC-146, passed 3-16-1982; Ord. MC-486, passed 12-4-1985; Ord. MC-1401, passed 6-2-2014) § 5.36.015 REMOTE CALLER BINGO - AUTHORIZATION. Remote caller bingo is added to this chapter pursuant to § 19 of Article IV of the California Constitution, as implemented by Cal. Penal Code, §§ 326.3 and 326.4. (Ord. MC-1401, passed 6-2-2014) 131 Packet Page 526 San Bernardino - Business Registration and Regulations132 § 5.36.020 LICENSE - REQUIRED. It is unlawful for any person, firm, corporation, association, partnership or organization other than a non-profit organization, mobile home park association or senior citizen organization to conduct bingo games. Such organizations or associations shall not conduct bingo games without first securing a license to conduct such games from the City Clerk as hereinafter provided, and the receipts of such games shall be used only for charitable purposes. (Ord. 3606, passed 10-26-1976; Ord. 3684, passed 11-9-977; Ord. MC-146, passed 3-16-1982; Ord. MC-460, passed 5-15-1985) § 5.36.030 LICENSE - FEE AND INVESTIGATION FEE. (A) An annual license fee, in the amount to be set by resolution, shall be paid upon the approval of each application for license for the purpose of defraying the expense incidental to the processing of such application. (B) At the time of filing of the application for a license, the applicant shall also pay to the City Clerk an investigation fee in an amount to be determined by resolution. This fee is for the purpose of defraying the costs of the inspection of the premises upon which the bingo games are to be conducted and of investigating the qualifications of the applicant. (Ord. 3606, passed 10-26-1976; Ord. MC-1401, passed 6-2-2014) § 5.36.040 LICENSE - APPLICATION. (A) Applicants for bingo licenses shall file a written, signed and acknowledged application with the City Clerk, showing: (1) The name and address of applicant; (2) The day, dates, hours and locations where the bingo games will be operated; (3) The name or names of the person or persons having the management or supervision of the games; (4) The maximum number of participants expected on the premises; (5) Whether food and beverages will be available; and (6) Such other reasonable information as may be required as to the identity or character of the applicant, manager or members of applicant operating the games. (B) If the applicant is a non-profit organization, the application shall be accompanied by a copy of the tax exempt status determination issued by the State Franchise Tax Board to the applicant organization. (C) If the applicant does not own the premises for which the license is sought, the applicant shall submit with the application a copy of the lease under which the applicant has the right to use such premises. If the use of the premises is donated, a copy of the agreement under which the applicant has the right to use the premises shall be submitted. (D) For remote caller bingo, applicants must also submit a copy of the executed agreement between the applicant and the provider of the equipment to be used. (Ord. 3606, passed 10-26-1976; Ord. 3684, passed 11-9-1977; Ord. MC-146, passed 3-16-1982; Ord. MC-1401, passed 6-2-2014) § 5.36.050 LICENSE - ISSUANCE. (A) (1) When an application is filed, the City Clerk shall refer the application to the Department of Community Development and Housing, the Fire Department, the Police Department and to all other interested departments of the city for investigation. The Department of Community Development and Housing, Fire Department and the Police Department shall make reports of their findings, together with recommendations as to whether or not the applicant should be granted a license, to the City Clerk within 20 working days after the application was referred to them. The license shall be issued for a specified location and shall specify the maximum number of Packet Page 527 Bingo Games 133 participants permitted on the premises. The license shall be valid for the remainder of the calendar year from the date of issuance. (2) Upon receipt of the application, or whenever there is a change of officers of the organization or in the position of game manager, the Chief of Police, or his or her designee, shall make an investigation regarding the character and moral fitness of applicants, the cost of which investigation shall be borne by the applicants, pursuant to Cal. Penal Code, § 326.5(1)(2)326.5(l)(1) and (l)(2), in an amount set by resolution. This investigation shall include the obtaining of criminal history statements, through fingerprints, for all officers/board members and game manager(s) associated with the day-to-day operation of the game. The purpose of this investigation is to determine those persons who have been convicted of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude. If any person investigated does in fact have a criminal record, or presents any cause for concern related to the community’s public health, peace, safety or welfare, such person shall be notified in writing and the license suspended until such person is removed from the application or does not participate in bingo operations. Such person shall not, at any time in the future, be permitted to participate in any way in any bingo operation licensed under this chapter. Any person objecting to the Chief of Police’s determination, pursuant to this division (A), may appeal to the City Manager, or designee, provided he or she files a notice of appeal with the City Clerk within ten days of the Chief of Police’s determination. (B) An applicant shall not be entitled to more than one license in the city; provided, however, that a church or non-profit organization, which is subsidiary to or affiliated with an organization operating throughout the state or nation, and which is separately and independently operated and staffed locally, shall be considered as an individual applicant for purposes of this chapter. (C) Licenses are not transferable and there are no rebates if the bingo operation licensed under this chapter is discontinued during the period for which the license was issued. (Ord. 3606, passed 10-26-1976; Ord. 3724, passed 5-4-1978; Ord. MC-1027, passed 9-9-1998; Ord. MC-1401, passed 6-2-2014; Ord. MC-1625, passed 2-21-2024) § 5.36.060 OPERATION OF BINGO GAME. (A) A bingo game shall be conducted only on property owned or leased by, or donated to, the licensed organization or association and used by it for an office or for performance of the purposes for which the organization or association is organized. Use solely for the purposes of conducting bingo games is not an acceptable use. The bingo game shall be operated and staffed only by members of the licensed organization or association which organized the game, except that security personnel may be employed. No person may receive or pay a profit, wage or salary from the receipts of any bingo game, except that security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games. Only the organization or association licensed to conduct a bingo game shall operate such game or participate in the promotion, supervision or any other phase of such game. (B) Bingo games shall not be held: (1) For more than two sessions in any one week; (2) For more than five hours in any 24-hour period; or (3) Between the hours of 2:00 a.m. and 6:00 a.m. of any one day. (Ord. 3606, passed 10-26-1976; Ord. 3684, passed 11-9-1977; Ord. MC-146, passed 3-16-1982; Ord. MC-314, passed 11-7-1983; Ord. MC-486, passed 12-4-1985; Ord. MC-1401, passed 6-2-2014; Ord. MC-1520, passed 6-19-2019) § 5.36.065 OPERATION OF REMOTE CALLER BINGO GAMES. Remote caller bingo games may be conducted in the city subject and pursuant to the following provisions. Packet Page 528 San Bernardino - Business Registration and Regulations134 (A) Remote caller bingo games may be conducted by any organization eligible to receive a valid traditional bingo license issued pursuant to § 5.36.020 if: (1) The organization has been incorporated or in existence for three years or more; and (2) The organization obtains approval from the Chief of Police as provided in § 5.36.050 (B) Remote caller bingo games shall be conducted in compliance with Cal. Penal Code, §§ 326.3 and 326.4 and all other applicable local and state laws and regulations. (C) Remote caller bingo games shall not be conducted by any licensee more than two days during any week, except that a licensee may hold one additional game, at its election, in each calendar quarter. (D) The licensee shall keep full and accurate records of the income and expenses received and distributed in connection with its operation, conduct, promotion, supervision and any other phase of remote caller bingo games which are authorized by this chapter. The city shall have the right to examine and audit such records at any reasonable time, and the licensee shall fully cooperate with the city by making such records available. (E) In addition to the requirements of division (D) above, the licensee shall submit copies of any state mandated audits, including, but not limited to, those required pursuant to Cal. Penal Code, § 326.3(w)(2), to the Chief of Police within five days of his or her submission to the applicable state agency. (F) Except as authorized by Cal. Penal Code, § 326.3, it is a misdemeanor for any person to receive profit, wage or salary from any remote caller bingo game authorized as provided in Article IV, § 19 of the California Constitution. (G) Violations of division (F) above shall be punishable by an administrative fine not to exceed $10,000, which fine shall be deposited in the General Fund of the city. (H) The licensed organization is responsible for ensuring that the conditions of this chapter and Cal. Penal Code, §§ 326.3 and 326.4 are complied with by the organization and its officers and members. A violation of any one or more of these conditions shall constitute cause for the revocation of the organization’s license. At the request of the organization, the city shall hold a public hearing before revoking any license issued pursuant to this chapter. (Ord. MC-1401, passed 6-2-2014) § 5.36.070 FINANCIAL INTEREST. It is unlawful for any individual, corporation, partnership or other legal entity except the organization authorized to conduct a bingo game to hold a financial interest in the conduct of such bingo game. (Ord. 3606, passed 10-26-1976; Ord. MC-460, passed 5-15-1985; Ord. MC-1401, passed 6-2-2014) § 5.36.080 ACCOUNTS FOR PROFITS AND PROCEEDS. (A) All profits derived from a bingo game by organizations exempt from payment of the bank and corporation tax by the Cal. Revenue and Taxation Code, § 23701(d)23701d shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes. (B) (1) With respect to all other licensees, all receipts derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. (2) Such proceeds shall be used for charitable purposes, except as follows: Packet Page 529 Bingo Games 135 (a) Such proceeds may be used for prizes; (b) A portion of such proceeds not to exceed 20% of the proceeds before the deduction for prizes, or $1,000 per month, whichever is less, may be used for rental of property, overhead, the purchase of bingo or security equipment, administrative expenses and security personnel; and (c) Such proceeds may be used to pay license fees. (C) Records required by this section shall be retained for a period of three years. The licensee’s books and records shall be available for inspection by the Chief of Police or the City Clerk, or their designated representative, upon reasonable notice. (Ord. 3606, passed 10-26-1976; Ord. 3684, passed 11-9-1977; Ord. 3976, passed 10-8-1980; Ord. MC-146, passed 3-16-1982; Ord. MC-1401, passed 6-2-2014) § 5.36.090 PARTICIPATION LIMITED TO THOSE PRESENT. It is unlawful for any person to allow a person not physically present at the time and place in which the bingo game is being conducted to participate. (Ord. 3606, passed 10-26-1976; Ord. MC-460, passed 5-15-1985; Ord. MC-1401, passed 6-2-2014) § 5.36.100 BINGO GAME OPEN TO PUBLIC. All bingo games shall be open to the public, not just the members of the licensed organization or association. (Ord. 3606, passed 10-26-1976; Ord. 3684, passed 11-9-1977; Ord. MC-1401, passed 6-2-2014) § 5.36.110 VALUE OF PRIZES. The total value of prizes awarded during the conduct of any bingo game shall not exceed $500 for each separate game which is held. (Ord. 3606, passed 10-26-1976; Ord. MC-1401, passed 6-2-2014; Ord. MC-1520, passed 6-19-2019) § 5.36.120 MINORS PROHIBITED FROM PARTICIPATION. It is unlawful for any person to allow a minor to participate in any bingo game. (Ord. 3606, passed 10-26-1976; Ord. MC-460, passed 5-15-1985; Ord. MC-1401, passed 6-2-2014) § 5.36.130 DISPLAY OF LICENSE. Every licensee shall display the license issued by the city in a conspicuous place in the premises where the bingo games are conducted. (Ord. 3606, passed 10-26-1976; MC-1401, passed 6-2-2014) § 5.36.140 LICENSE NOT TRANSFERABLE. Each license issued under this chapter shall be issued to a specific organization or association for a specific location and shall in no event be transferable from one organization or location to another. (Ord. 3606, passed 10-26-1976; Ord. 3684, passed 11-9-1977; Ord. MC-1401, passed 6-2-2014) § 5.36.150 SUSPENSION OR REVOCATION OF LICENSE. The CommonCity Council may, upon its own motion or upon the verified complaint in writing of any person, investigate the actions of any licensee and may temporarily suspend, for a period not exceeding Packet Page 530 San Bernardino - Business Registration and Regulations136 one year, or revoke the permit of any licensee which commits any one or more of the acts or omissions constituting grounds for disciplinary action under this chapter. (Ord. 3606, passed 10-26-1976; Ord. MC-1401, passed 6-2-2014) § 5.36.160 DISCIPLINARY ACTION - GROUNDS. It shall be a ground for denial, revocation or other disciplinary action of any applicant, licensee, the agent or employee or any person connected or associated with the applicant or licensee as partner, director, officer, stockholder, general manager or person exercising managerial authority of or on behalf of the licensee if such organization or person has: (A) Knowingly made any false, misleading or fraudulent statement of a material fact in an application for a license, or in any report or record required to be filed with the City Clerk; (B) Violated any provision of this chapter or of any statute relating to the permitted activity; (C) Been convicted of a felony or any crime involving moral turpitude; (D) A bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity; (E) Committed any unlawful, false, fraudulent, deceptive or dangerous act while conducting permitted bingo games; (F) Violated any rule or regulation adopted by the CommonCity Council relating to the licensed bingo games; (G) Conducted the permitted bingo game in a manner contrary to the peace, health, safety and general welfare of the public; or (H) Failed to comply with zoning, building and safety; health regulations; all applicable local and state fire regulations; and all laws of the city. (Ord. 3606, passed 10-26-1976; Ord. MC-1401, passed 6-2-2014) § 5.36.170 PROCEDURE. An applicant or licensee may, within ten days after service of a written notice of denial of a license or suspension or revocation of his or her license, file a request for a hearing with the CommonCity Council. The request for a hearing shall be in writing and signed by or on behalf of the applicant or licensee. It need not be verified or follow any particular form. Failure to file such a request for a hearing shall constitute a waiver of the licensee’s right to a hearing. (Ord. 3606, passed 10-26-1976; Ord. MC-1401, passed 6-2-2014) § 5.36.180 PENDING REVOCATION OR SUSPENSION - PROCEEDINGS EFFECT ON LICENSE. Pending the final determination of a proceeding for revocation or suspension of a license, a licensee may continue to operate bingo games until the Council makes such final determination. (Ord. 3606, passed 10-26-1976; Ord. MC-1401, passed 6-2-2014) § 5.36.190 LICENSE RENEWAL - EFFECT OF PENDENCY OF PROCEEDING TO SUSPEND OR REVOKE LICENSE. (A) A licensee may file an application for renewal of a license. Renewal application should be filed at least 30 days prior to expiration of the license period. In the event a renewal application is filed during the pendency of a proceeding to suspend or revoke the license, such filing shall continue such Packet Page 531 Bingo Games 137 license in full force and effect until the entry of the final order by the Council terminating proceedings. (B) Failure of the Council to revoke, suspend, limit or condition the license shall have the effect of granting the license. The application for renewal shall become a part of the pending proceeding and be subject to all evidence which has been or is thereafter presented. No further notice to the applicant is required and the Council is authorized to consider and make findings upon such application in accordance with this chapter. (Ord. 3606, passed 10-26-1976; Ord. MC-1401, passed 6-2-2014) § 5.36.200 FICTITIOUS NAME. It is unlawful for any person or persons to sign a fictitious name or fictitious address in connection with applications submitted pursuant to this chapter. (Ord. 3606, passed 10-26-1976; Ord. MC-1401, passed 6-2-2014) Packet Page 532 San Bernardino - Business Registration and Regulations138 Packet Page 533 CHAPTER 5.40: CHARITABLE AND RELIGIOUS SOLICITATIONS IN CENTRAL CITY MALL (Repealed by Ord. MC-1486, passed 4-18-2018) 139 Packet Page 534 San Bernardino - Business Registration and Regulations140 Packet Page 535 CHAPTER 5.42: OUTDOOR ENTERTAINMENT (Repealed by Ord. MC-1414, passed 7-6-2015) 141 Packet Page 536 San Bernardino - Business Registration and Regulations142 Packet Page 537 CHAPTER 5.44: COIN-OPERATED GAME MACHINES Section 5.44.010 Definitions 5.44.020 Permit - required 5.44.025 Responsibilities of business operators upon whose premises games machines are found 5.44.030 Operator’s permit - application 5.44.040 Investigation 5.44.050 Issuance of permits 5.44.060 Hearing upon denial of permit 5.44.070 Game machine tag 5.44.080 Display of tag or plate 5.44.085 Display of information concerning distributor 5.44.086 Untagged machines; nuisance; reconnection fees; administrative fees 5.44.090 Transfer of permit 5.44.100 Revocation of permit 5.44.110 Permit in addition to business license or other permit 5.44.120 Prohibited devices 5.44.130 Violation - penalty § 5.44.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. COIN-OPERATED GAME MACHINE. Any machine, device or apparatus which is used as a game or contest of any description or for amusement, or which may be used for any such game or contest or for amusement and the operation or use of which is permitted, controlled or made possible by the deposit or placing of any coin, plate, disc, slug or key into any slot, crevice or other opening, or by the payment of any fee or fees in lieu thereof, except a machine, device or apparatus used or offered for use, by children for rides, or as a hobby horse or for the viewing of miniature cartoons or “kiddie theater” films in establishments or areas reserved for the use of children under the age of 14 years and their parents or guardians or by any person for playing or rendering music or as a test of strength or endurance. PERSON. Any natural person, firm, partnership, corporation or association. The singular use includes the plural. (Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975; Ord. 3562, passed 3-17-1976) § 5.44.020 PERMIT - REQUIRED. (A) (1) It is unlawful for any person to engage in the business of renting, operating, leasing, selling or maintaining coin-operated game machines in the city without first having secured a permit from the city to do so. A violation of any provisions of this chapter shall be a misdemeanor punishable by a $500 fine or six months in the county jail, or by both such fine and imprisonment. (2) The following persons owning or operating local business establishments are exempt from the game machine operator permit requirements of this chapter: (a) A person owning, operating and maintaining not more than two coin-operated machines as an incidental business used at a local place of business having the requisite business license pursuant to Article I of this title; and (b) A person leasing coin-operated game machines at a local place of business from a person having a permit under this chapter. 143 Packet Page 538 San Bernardino - Business Registration and Regulations144 (B) Any person required to obtain a permit under this chapter is hereinafter referred to in this chapter as a “game machine operator.” (Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975; Ord. MC-130, passed 1-7-1982; Ord. MC-192, passed 7-22-1982) § 5.44.025 RESPONSIBILITIES OF BUSINESS OPERATORS UPON WHOSE PREMISES GAMES MACHINES ARE FOUND. (A) It is unlawful for any person operating any business enterprise within the city to have, in operation upon the premises of such person, any coin-operated game machine, as defined in this chapter, which does not have affixed thereto or posted in a conspicuous place nearby the tag or plate issued under this chapter as required by § 5.44.080. This section shall not apply to a person owning, operating and maintaining not more than two coin-operated games as an incidental business used at a local place of business having the requisite business license pursuant to Article I of this title, so long as the person actually owns, operates and maintains the machine himself or herself. (B) Any person operating any business enterprise within the city which has in operation upon the premises of such person any coin-operated game machine, as defined in this chapter, shall, at the time of renewal of the annual business license for such business, provide to the Department of Finance and Management Services a list of all game machines then on the premises, and the names and addresses of the distributors of each such machine. (C) Each such business operator shall notify the Department of Finance and Management Services within ten days after any change is made in the number of game machines on his or her premises for which a license is required, or after any change in the name or address of the distributor of any such machine is made. Any such person shall also notify the Department of Finance and Management Services immediately if an untagged game machine is installed upon his or her premises. (Ord. MC-192, passed 7-22-1982; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.44.030 OPERATOR’S PERMIT - APPLICATION. (A) An applicant for a game machine operator’s permit shall submit an application to the Department of Finance and Management Services which application shall be under penalty of perjury and upon a form supplied by the Department of Finance and Management Services. Such application shall include the true names, addresses and past criminal record, if any, of the applicant and of all persons financially interested in the applicant’s business, and such other information as may be deemed necessary by the Department of Finance and Management Services and Chief of Police to determine whether such game machine operator’s permit shall be granted. The application shall be accompanied by a fully executed fingerprint card as to each such applicant, prepared under the direction of the Chief of Police. An applicant shall pay a fee of $293 or such fee as may be subsequently be set by resolution of the Mayor and City Council, to cover the costs of the investigation required by § 5.44.040 and shall provide to the Chief of Police a money order payable to the State Department of Justice in such amount as required by that agency to process its report to the city based upon the fingerprint card provided. A $50 annual permit fee, or such fee as may subsequently be set by resolution of the Mayor and City Council, shall be paid at the time of issuance of a permit, which fee shall be prorated in the event that a permit is only for part of a year. A permit may be renewed annually upon payment of the annual permit fee. (B)PERSONS FINANCIALLY INTERESTED includes all persons who are officers or directors of a corporation or share-holders holding more than 3% of the shares thereof or persons who share in the profits of a non-corporate business on the basis of gross or net revenue, but it does not include persons who receive a portion of such gross or net revenue in return for the privilege of permitting any other person to maintain such coin-operated game machine in their place of business. (Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975; Ord. MC-192, passed 7-22-1982; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) Packet Page 539 Coin-Operated Game Machines 145 § 5.44.040 INVESTIGATION. The Chief of Police shall carefully investigate the applicant and the facts and circumstances concerning the application submitted to him or her pursuant to § 5.44.030. (Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975; Ord. MC-576, passed 1-8-1987; Ord. MC-1484, passed 4-18-2018) § 5.44.050 ISSUANCE OF PERMITS. (A) (1) The Chief of Police shall either approve or deny the issuance of the permit to the applicant within 45 days of the date that the copy of the application is submitted to him or her. (2) The Chief of Police may deny a permit on any of the following grounds: (a) The operation will not comport with the peace, health, safety, convenience and general welfare of the public; (b) The application is not complete in that all requested information is not supplied; (c) The operation has been or is a public nuisance; (d) The operation would be in violation of a city ordinance, state law or federal law; (e) The applicant has been found guilty, pled guilty and/or pled no contest to a crime of moral turpitude; (f) The applicant made a false, misleading or fraudulent statement of fact in his or her application for a permit; (g) The operation by the applicant will be carried on in a building, structure and location which does not comply with and meet all of the health, zoning, fire and safety requirements and standards of the laws of the state and ordinances of the city; (h) The applicant, his or her employee, agent or any person connected or associated with the applicant as a partner, director, officer, stockholder, associate or manager has allowed or permitted acts of sexual misconduct or lewd conduct to be committed within prior or present business operations; and (i) The applicant has within the year prior to the application date willfully violated any provisions of this chapter or of the city licensing provisions in Title 5. (B) The Chief of Police shall notify the applicant of the grant of a permit, or of the denial of his or her application for a permit and the reasons therefor. Service of such notice shall be made personally or by certified mail. The notice shall include or be accompanied by a statement that the applicant may request a hearing before the City Manager by filing with the City Clerk a written request thereof within ten days after service upon him or her of the notice of the denial of his or her application and that failure to do so will constitute a waiver of his or her right to a hearing. (Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975; Ord. MC-576, passed 1-8-1987; Ord. MC-1484, passed 4-18-2018) § 5.44.060 HEARING UPON DENIAL OF PERMIT. Within ten days after service upon the applicant of a written notice of the Police Chief’s denial of application for a permit, the applicant may file a request for hearing in writing and signed by or on behalf of the applicant and shall state his or her mailing address. It need not be verified or follow any particular form. Failure to file such a request for a hearing shall constitute a waiver of the applicant’s right to a hearing. No further notice other than notice of the date and place of hearing need be served on the applicant. Hearings granted under this section shall allow for the applicant to be represented by counsel. The decision of the City Manager shall be final. (Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975; Ord. MC-576, passed 1-8-1987; Ord. MC-1484, passed 4-18-2018) Packet Page 540 San Bernardino - Business Registration and Regulations146 § 5.44.070 GAME MACHINE TAG. Upon the issuance of any game machine operator’s permit, the applicant therefor shall notify the Department of Finance and Management Services in writing of the location of each coin-operated game machine, and in the event of any change in the location of any machine, the permittee shall notify the Department of Finance and Management Services of the change within ten days including the address of the new location. At the time of issuing a business license for any coin-operated game machine, the Department of Finance and Management Services shall issue a tag or plate for each machine to be operated by the game operator within the city limits, and such tags or plates shall be given serial numbers consecutively in the order of their issuance. The tags and plates shall be of wear-resistant materials. (Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975; Ord. MC-192, passed 7-22-1982; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.44.080 DISPLAY OF TAG OR PLATE. Every game machine operator shall, at all times, have affixed to or posted conspicuously nearby each coin-operated game machine regulated under the terms of this chapter the tag or plate issued under this chapter. (Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975; Ord. MC-192, passed 7-22-1982) § 5.44.085 DISPLAY OF INFORMATION CONCERNING DISTRIBUTOR. Every coin-operated game machine regulated under the terms of this chapter shall, at all times, have affixed thereto in a conspicuous place thereon a tag, label, owner-identification card or other identifying device listing the name, current address and current telephone number of the distributor of such game machine. (Ord. MC-192, passed 7-22-1982) § 5.44.086 UNTAGGED MACHINES; NUISANCE; RECONNECTION FEES; ADMINISTRATIVE FEES. (A) Any machine not having the tags required by § 5.44.080 or the information required by §§ 5.44.085 and 5.44.025(B) is declared a nuisance, and shall be subject to disconnection by the city. A representative of the city shall be authorized to disconnect and render said machine inoperative, following which the machine shall not be reconnected or returned to operation within the city until the game machine operator has paid to the Department of Finance and Management Services a reconnect fee of $25, or such amount as subsequently set by resolution of the Mayor and City Council, and has paid the business license fee applicable to each machine under § 5.04.275. No person shall reconnect any machine which has been disconnected or rendered inoperative by a representative of the city, without prior payment of the reconnect fee to the city. No operator of the business upon whose premises the machine is located shall permit such machine to be reconnected without prior payment of the reconnect fee. (B) The Department of Finance and Management Services shall assess the person operating a business enterprise within the city upon whose premises one or more untagged game machines are found for each such untagged game machine, and for each game machine for which the information required under §§ 5.44.085 and 5.44.025(B) has not been provided, an administrative fee in an amount computed to cover the average cost of investigating, locating, disconnecting and controlling untagged game machines and inadequately identified game machines. This assessment shall be the average cost of such procedures, initially in an amount of $50, or such amount as subsequently set by resolution of the Mayor and City Council, for each such untagged game machine, and for each inadequately identified machine, which administrative fee shall hereafter be subject to periodic review and determination by the Mayor and City Council, based upon the experienced costs of such control and regulation. Such assessment shall be in addition to any reconnection fee imposed under § 5.44.086(A). No such fee shall be assessed as to any such untagged machine when the business operator has notified the Department of Finance and Management Services, under the provisions of Packet Page 541 Coin-Operated Game Machines 147 § 5.44.025(B), in advance of the city’s representative appearing at the scene, that such untagged machine was located upon the premises. Failure to pay any assessment within ten days after notice of imposition thereof shall be an omission justifying suspension of any business licensee’s business license under the provisions of § 5.04.650. In the alternative, the Department of Finance and Management Services may notify the person assessed that the business license for those premises will not be renewed or reissued until all outstanding assessment fees have been paid. (Ord. MC-192, passed 7-22-1982; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.44.090 TRANSFER OF PERMIT. No game machine operator’s permit issued pursuant to this chapter shall be assignable or transferable either voluntarily or by operation or law or otherwise. (Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975) § 5.44.100 REVOCATION OF PERMIT. The Department of Finance and Management Services shall have the power, for good cause shown, to revoke or suspend any game machine operator’s permit issued under this chapter. Failure to pay any reconnect fee provided for in § 5.44.086, or any conduct deleterious to the public health, welfare or morals, and the existence of any of the reasons for a denial of a permit as set forth in § 5.44.050, shall each constitute good cause for suspension or revocation. Any such suspension or revocation shall be subject to appeal to the City Manager. The City Manager shall provide a hearing of such appeal, with notice and opportunity to present evidence, witnesses and arguments. The formal rules of evidence shall not apply. The City Manager shall issue a written decision explaining the basis of his or her decision on the appeal and a copy of the written decision shall be mailed to the appellant. The suspension or revocation shall be stayed pending the hearing. (Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975; Ord. MC-192, passed 7-22-1982; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.44.110 PERMIT IN ADDITION TO BUSINESS LICENSE OR OTHER PERMIT. The permit required under the terms of this chapter shall be in addition and supplemental to any business license or any permit required by any ordinance of the city. (Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975) § 5.44.120 PROHIBITED DEVICES. Nothing in this chapter shall be construed to permit the licensing, maintenance or operation of any coin-operated game machine which is forbidden by any state or local law or regulation or to permit the operation of any coin-operated game machine in such a manner as to constitute gambling or otherwise be contrary to any such state law or regulation. (Ord. 3470, passed 12-17-1974; Ord. 3542, passed 12-11-1975) § 5.44.130 VIOLATION - PENALTY. Any person violating any provision of this chapter or failing to perform the duties imposed hereunder is guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. MC-192, passed 7-22-1982; Ord. MC-460, passed 5-15-1985) Packet Page 542 San Bernardino - Business Registration and Regulations148 Packet Page 543 CHAPTER 5.48: RESERVED (Repealed by Ord. MC-460, passed 5-15-1985) 149 Packet Page 544 San Bernardino - Business Registration and Regulations150 Packet Page 545 CHAPTER 5.52: ESCORT BUREAUS Section 5.52.010 Definition 5.52.020 Permit - required - application 5.52.030 Permit - application - contents 5.52.040 Permit - granting 5.52.050 Separate permit for separate locations 5.52.060 Record of transactions to be kept 5.52.070 Suspension or revocation of permit 5.52.080 Applicability to employment agency 5.52.090 Employment of person under 21 prohibited 5.52.100 Furnishing escort to person under 18 - parental request required 5.52.110 Reserved § 5.52.010 DEFINITION. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. ESCORT BUREAU. Any business or agency which, for a fee, commission, hire, reward or profit, furnishes or offers to furnish escorts or persons who, for hire or reward, accompany others to or about social affairs, entertainments or places of amusement, or who consort with others, for hire or reward, about any place of public resort or within any private quarters. The requirements of this chapter shall have no application and no effect upon and shall not be construed as applying to any business, agency or person which provides escort services for elderly persons pursuant to Cal. Welfare and Institutions Code, §§ 9400 et seq., when such services are provided as part of a social welfare and health program for such older persons. (Ord. 2100, passed 3-6-1956; Ord. MC-575, passed 1-8-1987) § 5.52.020 PERMIT - REQUIRED - APPLICATION. It is unlawful for any person to conduct, manage or carry on any escort bureau without first securing a permit therefor from the Chief of Police. No such permit shall be issued by the Chief of Police except upon the verified application in writing of the individual to be in control of, and responsible for, the operation and conduct of the business. The application shall be upon a form furnished by the Police Department and shall set forth such information concerning the applicant and the proposed business as the Chief of Police may require, and must be accompanied by, a fee in the sum of $200, or such amount as subsequently set by resolution of the Mayor and City Council. Each permit issued shall expire on December 31 next following the date of issuance, and each application for the annual renewal thereof shall be accompanied by a renewal fee in the sum of $75, or such amount as subsequently set by resolution of the Mayor and City Council. No permit under this section shall be issued to, or in the name of, any organization, group, corporation, partnership or any other entity than an individual person; but the business may be advertised and carried on by the permittee under a fictitious name in the manner permitted by law; provided such fictitious name is first approved by the Chief of Police. (Ord. 2100, passed 3-6-1956; Ord. MC-460, passed 5-15-1985; Ord. MC-1487, passed 4-18-2018) § 5.52.030 PERMIT - APPLICATION - CONTENTS. Each application must state the names and 151 Packet Page 546 San Bernardino - Business Registration and Regulations152 addresses of all escorts intended to be employed by the applicant, and, if a permit is granted, the permittee must notify the Chief of Police in writing, within 24 hours, of any change in personnel. All such escorts shall be registered by the Police Department and shall be photographed and fingerprinted. No escort shall be registered unless there is furnished to the Chief of Police satisfactory evidence of the good moral character of such escort. The registration of any escort may be canceled for cause by the Chief of Police and thereafter no escort bureau shall employ, engage or deal with such escort. (Ord. 2100, passed 3-6-1956) § 5.52.040 PERMIT - GRANTING. If the Chief of Police, after investigation, finds that the applicant for the permit is of good moral character and reputation, and that the business is to be conducted at a suitable and proper place, and is not calculated or intended to be operated as a subterfuge for the conduct of any unlawful or immoral business or practice, then a permit shall be granted. Otherwise, the application shall be denied. (Ord. 2100, passed 3-6-1956) § 5.52.050 SEPARATE PERMIT FOR SEPARATE LOCATIONS. The permittee shall conduct the business only at the address shown on the permit. Each additional place of business shall require a separate permit. Upon the abandonment of the designated place of business, a change of address may be granted by the Chief of Police upon the payment of a special fee of $25, and the new address shall be endorsed upon the permit. (Ord. 2100, passed 3-6-1956) § 5.52.060 RECORD OF TRANSACTIONS TO BE KEPT. A record shall be kept by each permittee showing every transaction whereby any escort is employed, furnished or arranged for on behalf of any patron or customer; the date and approximate hour of the transaction; the name, address and telephone number of the patron or customer; the name of each escort involved; and such other information as the Chief of Police may reasonably require by rule or regulation. Such record shall be kept available and open to the inspection of any police officer at any time during business hours and shall be presented before the Chief of Police at any time upon written request therefor. (Ord. 2100, passed 3-6-1956) § 5.52.070 SUSPENSION OR REVOCATION OF PERMIT. The Mayor and City Council shall have the power to suspend or revoke any permit, or to deny a renewal after notice and an opportunity for a hearing has been given to the permittee upon any of the following grounds: (A) That the permittee has, in the course of the business, committed or caused, permitted, encouraged or condoned the commission of any act in violation of this section, or any lewd and immoral act, or any act of prostitution; or (B) That the business has been conducted, in whole or in part, as a subterfuge to facilitate or to conceal the conduct of any unlawful business or practice. (Ord. 2100, passed 3-6-1956; Ord. MC-1487, passed 4-18-2018) § 5.52.080 APPLICABILITY TO EMPLOYMENT AGENCY. Nothing contained in this chapter shall apply to the lawful business of any employment agency licensed under the laws of this state. (Ord. 2100, passed 3-6-1956) § 5.52.090 EMPLOYMENT OF PERSON UNDER 21 PROHIBITED. No permittee under this chapter shall employ, as an escort, any person under 21 years of age. (Ord. 2100, passed 3-6-1956) Packet Page 547 Escort Bureaus 153 § 5.52.100 FURNISHING ESCORT TO PERSON UNDER 18 - PARENTAL REQUEST REQUIRED. No permittee shall furnish any escort to or accept employment from any patron, customer or person to be escorted who is under 18 years of age, except at the special instance and request of the parent, guardian or other person in lawful custody of the person upon whose behalf the escort service is engaged. (Ord. 2100, passed 3-6-1956; Ord. MC-575, passed 1-8-1987) § 5.52.110 RESERVED. [Reserved] (Repealed by Ord. MC-460, passed 5-15-1985) Packet Page 548 San Bernardino - Business Registration and Regulations154 Packet Page 549 CHAPTER 5.56: JUNK AND SECONDHAND DEALERS Section 5.56.010 Report of all property received required daily 5.56.020 Blanks to be furnished by Chief of Police 5.56.030 Blanks to be printed in triplicate 5.56.040 Signature, address and fingerprint required of persons leaving property in pledge 5.56.050 Use of fictitious name unlawful 5.56.060 Reserved 5.56.070 License - conditions of issuance 5.56.080 License - application for permit 5.56.090 Possession of hides, bones or sacks used as containers for fertilizer Statutory reference: For provisions on pawnbrokers, see Cal. Financial Code, §§ 21000 through 21209. For provisions on secondhand goods, see Cal. Business and Professions Code, §§ 21500 through 21639. § 5.56.010 REPORT OF ALL PROPERTY RECEIVED REQUIRED DAILY. (A) Every junk dealer, secondhand dealer, pawnbroker, loan broker and every proprietor, keeper or owner of any office or other place of business where money is loaned on personal property for a compensation shall daily make out and deliver to the Chief of Police every day before the hour of 12:00 p.m., on a blank form to be furnished him or her by the Chief of Police for that purpose, a full, true and complete report of all the property and other valuable goods, wares, merchandise or things received on deposit or purchased during the preceding 24 consecutive hours, together with the time, meaning the hour of the day, when received on deposit, in pawn or purchase, and a description of the person or persons by whom left in pledge, or deposited or from whom purchased, and also the true name, as nearly as the same is known to the pawnbroker, junk dealer, secondhand dealer, loan broker or other person heretofore designated. Each junk dealer shall make out and deliver on said form in addition to the foregoing a description, motor number, body serial number, color, make, model and year of any vehicle or part of a vehicle purchased by the junk dealer. The report shall be written in the English language in a clear and legible manner. (B) All the property and other valuable goods, wares, merchandise received on deposit or purchased should be kept intact in its original state by every junk dealer, secondhand dealer, pawnbroker, loan broker and proprietor or owner of any office or any other place of business where money is loaned on personal property for compensation, for a period of 30 calendar days from the day of the purchase, receipt or acquisition of the same, and shall be exhibited to the Chief of Police upon demand being made by the Chief of Police. (Ord. 404, passed 12-7-1908; Ord. 2457, passed 8-24-1962) § 5.56.020 BLANKS TO BE FURNISHED BY CHIEF OF POLICE. The Chief of Police shall immediately, upon the adoption and publication of the ordinance codified in this chapter, cause such number of blanks to be printed as may be necessary for the purpose, and shall thereafter, from time to time, cause such additional blanks to be printed as may be required, which blanks shall be so printed and subdivided that it shall have spaces for writing in the following matters: number of pawn ticket; amount loaned; amount purchased; description of articles; name and residence of person 155 Packet Page 550 San Bernardino - Business Registration and Regulations156 pledging or selling; description of person pledging or selling, showing true name as nearly known, age, sex, complexion, color of mustache or beard or both, where both are worn, style of dress, height and visible marks or scars; also the time when the article or articles were received. The blank shall also bear a caption providing blank spaces in which to fill in the date of the report, the name and place of business of the person making the same and the hour of the day when made. The Chief of Police shall further cause to be printed on the blanks in some convenient place thereon a copy of the ordinance codified in this chapter. (Ord. 404, passed 12-7-1908) § 5.56.030 BLANKS TO BE PRINTED IN TRIPLICATE. The blanks shall be printed in triplicate in book form, and shall be distributed by the Chief of Police to the persons from whom the reports are required upon request and upon proof of the payment to the chief administrative officer of the cost of the printing thereof; the Chief of Police upon the receipt of the reports from any of the persons from whom the reports are required shall file the same in his or her office, and the same shall be open to inspection only to members of the City Police Department, or those authorized by the Chief of Police, or to persons presenting a court order for that purpose. (Ord. 404, passed 12-7-1908; Ord. 1951, passed 7-22-1952) § 5.56.040 SIGNATURE, ADDRESS AND FINGERPRINT REQUIRED OF PERSONS LEAVING PROPERTY IN PLEDGE. Every junk dealer, secondhand dealer, pawnbroker, loan broker or proprietor, keeper or owner of any office or other place of business where money is loaned on personal property for compensation, their agents and employees shall cause the person or persons by whom the property is left in pledge, stored, deposited or from whom purchased, to provide the following for inclusion on the report required by § 5.56.010: his or her true signature, correct address and a plain fingerprint impression of his or her right index finger, or if the right index finger is missing, another of his or her fingers with a designation of which finger is used. (Ord. 404, passed 12-7-1908; Ord. 1613, passed 7-19-1938; Ord. MC-391, passed 7-11-1984) § 5.56.050 USE OF FICTITIOUS NAME UNLAWFUL. It is unlawful for any person or persons to sign a fictitious name or fictitious address in connection therewith. (Ord. 404, passed 12-7-1908; Ord. 1613, passed 7-19-1938) § 5.56.060 RESERVED. [Reserved] (Repealed by Ord. MC-460, passed 5-15-1985) § 5.56.070 LICENSE - CONDITIONS OF ISSUANCE. No license to conduct, manage or carry on the business of a junk dealer or collector within the city shall be issued to any person, firm or corporation until a permit, in writing therefor, shall have been granted by the Mayor and CommonCity Council as provided in § 5.56.080. (Ord. 638, passed 8-22-16) § 5.56.080 LICENSE - APPLICATION FOR PERMIT. Any person, firm or corporation desiring to manage, conduct or carry on the business of a junk dealer or collector at any place within the city shall first make application to the Mayor and CommonCity Council of the city for a permit to do so; the application shall state the name of the person desiring to conduct, manage or carry on such business and the place where the same is to be located. Before any permit shall be granted to any person for a license to manage, conduct or carry on the business of a junk dealer or collection at any place within the city, the Packet Page 551 Junk and Secondhand Dealers 157 applicant for such permit shall file with the Mayor and CommonCity Council the written consent to the granting thereof of all the owners and tenants of property within 150 feet of the place where such business is to be conducted. (Ord. 638, passed 8-22-16) § 5.56.090 POSSESSION OF HIDES, BONES OR SACKS USED AS CONTAINERS FOR FERTILIZER. It is unlawful for any junk dealer or collector to have in his or her possession within the city, for a period in excess of one hour, any hides, bones or sacks which have been previously used as containers for fertilizer. (Ord. 638, passed 8-22-16) Packet Page 552 San Bernardino - Business Registration and Regulations158 Packet Page 553 CHAPTER 5.60: MOTOR BUSES (Repealed by Ord. MC-1487, passed 4-18-2018) 159 Packet Page 554 San Bernardino - Business Registration and Regulations160 Packet Page 555 CHAPTER 5.64: MOTOR FUEL SALES Section 5.64.010 Signs to be posted 5.64.020 Size of sign 5.64.030 Compliance with city and state regulations Statutory reference: For provisions on petroleum, see Cal. Business and Professions Code, §§ 20700 et seq. § 5.64.010 SIGNS TO BE POSTED. Every person, firm, co-partnership, association or corporation offering for sale or selling any gasoline or other motor vehicle fuel to the public from any place of business in the city shall post or display a sign which is clearly visible from any entrance to such place of business, and which indicates the actual price per gallon, including all taxes, at which his or her grade of gasoline or other motor vehicle fuel is currently being offered for sale or sold. (Ord. 821, passed 8-9-1921; Ord. 3414, passed 4-4-1974) § 5.64.020 SIZE OF SIGN. When any such sign is portable, it shall not be more than 24 square feet or less than six square feet in size and shall not exceed six feet in height. (Ord. 821, passed 8-9-1921; Ord. 3414, passed 4-4-1974) § 5.64.030 COMPLIANCE WITH CITY AND STATE REGULATIONS. Any sign posted or displayed pursuant to this chapter shall not be inconsistent with the provisions of the Cal. Business and Professions Code, Division 8, Chapter 7, Article 8 (§§ 20880 et seq.)5, Chapter 14, Article 12 (§§ 13530 et seq.), and shall be in compliance with the provisions of any city ordinance regulating size and construction of signs. (Ord. 821, passed 8-9-1921; Ord. 3414, passed 4-4-1974) 161 Packet Page 556 San Bernardino - Business Registration and Regulations162 Packet Page 557 CHAPTER 5.68: PERSONAL PROPERTY SALES (Repealed by Ord. MC-1339, passed 11-16-2010) 163 Packet Page 558 San Bernardino - Business Registration and Regulations164 Packet Page 559 CHAPTER 5.72: SATELLITE HORSE RACE WAGERING Section 5.72.010 City receipt of allocated share 5.72.020 Tax and fee exemption of racing association § 5.72.010 CITY RECEIPT OF ALLOCATED SHARE. Pursuant to the authority of Cal. Business and Professions Code, § 19610.4, the city elects to immediately receive its allocated share of the total parimutuel satellite wagers made at the National Orange Show grounds. This city’s share currently is set at 0.33% but shall be adjusted automatically as the percentage is changed by the state law or regulation. (Ord. MC-26, passed 1-20-1981; Ord. MC-618, passed 2-17-1988) § 5.72.020 TAX AND FEE EXEMPTION OF RACING ASSOCIATION. Any racing association which conducts a racing meeting at the National Orange Show grounds shall be, with respect to any racing event conducted by that racing association, exempt from levy or payment of any city license or excise tax or fee, including, but not limited to, any admission, parking or business tax or any tax or fee levied solely upon the racing association conducting a racing meeting or satellite wagering or any patron. (Ord. MC-26, passed 1-20-1981; Ord. MC-618, passed 2-17-1988) 165 Packet Page 560 San Bernardino - Business Registration and Regulations166 Packet Page 561 CHAPTER 5.76: TAXICABS AND NON-EMERGENCY MEDICAL VEHICLES Section 5.76.010 Short title 5.76.020 Definitions 5.76.030 Permit - required 5.76.040 Permit - petition for - requirements - filing fees 5.76.050 Permit - issuance - hearings 5.76.060 Permit - issuance - increase in service 5.76.070 Transfer of certificates 5.76.080 Notice of amendments 5.76.090 Dial-a-ride service 5.76.100 Only authorized service permitted 5.76.110 Revocation, suspension and cancellation of permits notice - hearing 5.76.120 License - fees - reports on charter vehicle hire 5.76.130 Display of permits 5.76.140 Insurance - non-emergency medical transportation vehicles 5.76.150 Insurance - taxicabs 5.76.160 Numbering of vehicles 5.76.170 Advertising 5.76.180 Availability of service 5.76.190 Cruising and loading 5.76.200 Rates - taxicab service 5.76.210 Medical transportation rates 5.76.220 Rates - minimum and maximum for limousine and chartered vehicle service 5.76.230 Rates - established 5.76.240 Change in rates 5.76.250 Discrimination of rates prohibited 5.76.260 Rates to be displayed 5.76.270 Refusal to pay fare 5.76.280 Drivers 5.76.290 Investigation of drivers 5.76.300 Identification of vehicles 5.76.310 Identity light 5.76.320 Route-passenger limit in taxicabs 5.76.330 Equipment - inspection 5.76.340 Taximeter required - inspection - operation 5.76.350 Waiting time - on-scene time - ambulances 5.76.360 Receipt to be given upon request 5.76.370 Transaction records 5.76.380 Inspection of records 5.76.390 Taxi stands - application for-standing restricted 5.76.400 Taxi stands - issuance of permits 5.76.410 Taxi stands - permits subject to revocation 5.76.420 Taxi stands - authorized use only 5.76.430 Taxi stands - application fee - exemption 5.76.440 Taxi stand maintenance fee 5.76.450 Manner of giving notice 5.76.460 Reserved 5.76.470 Reserved 5.76.480 Reserved 5.76.490 Reserved 5.76.500 Medical transportation rates 5.76.510 Ambulance carrier requirements rates 5.76.520 Drivers and attendants of ambulances 5.76.530 Drivers of wheelchair passenger transportation vehicles or a transportation van for the handicapped 5.76.540 Reserved 5.76.550 Reserved 5.76.555 Reserved 5.76.560 Reserved 5.76.570 Reserved 5.76.575 Application to city 5.76.580 Enforcement 5.76.590 Reserved Statutory reference: 167 Packet Page 562 San Bernardino - Business Registration and Regulations168 For provisions authorizing local authorities to license and regulate vehicles for hire, see Cal. Vehicle Code, §§ 16501, 21100 and 21112. For provisions on privately owned and operated ambulances, see Cal. Vehicle Code, §§ 2500 et seq. For provisions on the financial responsibility of commercial passenger vehicles, see Cal. Vehicle Code, §§ 16500 et seq. § 5.76.010 SHORT TITLE. The ordinance codified in this chapter shall be known as the “Taxicab Ordinance.” (Ord. 1987, passed 7-7-1953) § 5.76.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADVERTISE. To give public notice either by publication in a newspaper, or by means of handbills, placards or other written public notice or call to the public attention by any means whatsoever. AMBULANCE. Any privately owned emergency motor vehicle equipped or used for the purpose of providing medical care and medical transportation, primarily intended for and used for emergency transportation, but shall not mean a funeral coach or hearse. CARRIER. Every person, firm, corporation, partnership, joint venture or other form of business organization engaged in operating or causing to be operated any vehicle required by the provisions of this chapter of the city, as amended, to be covered by a permit. CITY. The City of San Bernardino, California. COMPENSATION. Any money, thing of value, payment, consideration, reward, tip, donation, gratuity or profit paid, accepted or received for transportation of a person or persons or for services rendered, whether paid upon solicitation, demand or contract or voluntarily, or intended as a gratuity or donation. DIALYSIS TRANSPORTATION VEHICLE. Any privately owned motor vehicle which is equipped and used exclusively for the purpose of medical transportation of passengers requiring treatment for end stage renal disease at any licensed hemodialysis unit. DISABLED TRANSPORTATION VAN. A vehicle equipped as a wheelchair transportation vehicle used for the public transportation of disabled persons over the streets of the city but not over defined routes pursuant to an agreement with the city. DRIVER. Every person driving, operating or in charge of any vehicle regulated by this chapter. DRIVER’S PERMIT. The permit issued by the Chief of Police to any person operating or driving any vehicle regulated by this chapter. MEDICAL TRANSPORTATION VEHICLE. Any vehicle included in the definition of an ambulance, a dialysis transportation vehicle or a wheelchair passenger transportation vehicle, which is used for medical transportation. N O N - E M E R G E N C Y M E D I C A L TRANSPORTATION. The transportation for hire, except by taxicab or ambulance, of any passengers who may be wounded, sick, injured, ill, incapacitated, infirm, an expectant mother or dead person, to or from any office, facility or institution which regularly offers any type of non-emergency medical care or service. PERSON. Persons, firms, corporations, associations, syndicates, joint ventures, joint stock companies, partnerships and any other form of business organization. STREET. Every public street, road, alley, place, way or highway in the city. TAXI STAND. A place on a public street designated by the city for the use, while awaiting employment, of a vehicle covered by this chapter. Packet Page 563 Taxicabs and Non-Emergency Medical Vehicles 169 TAXICAB. Every vehicle used for the public transportation of passengers over the streets of the city, but not over defined routes, irrespective of whether such operations extend beyond the city, whether or not compensation is paid for such transportation and whether or not the charge to patrons is determined and indicated by the mechanical calculation of a taximeter, as defined below. TAXIMETER. A mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated, either for distance traveled, or for waiting time, or both, and upon which such charge is plainly registered by means of figures, indicating dollars and cents. TEMPORARY DRIVER’S PERMIT. A permit issued by the Chief of Police to any person to temporarily operate or drive any vehicle regulated by this chapter. W H E E L C H A I R P A S S E N G E R TRANSPORTATION VEHICLE. Any privately owned motor vehicle equipped or used for the purpose of medical transportation of passengers confined to a wheelchair who are unable to be transported in a normal manner by taxicab or private automobile, but do not require the use of a stretcher, litter or ambulance cot. The use of a stretcher, litter or ambulance cot or other device for the transportation of passengers in a reclining position is prohibited in a WHEELCHAIR PASSENGER TRANSPORTATION VEHICLE. (Ord. 1987, passed 7-7-1953; Ord. 3486, passed 3-19-1975; Ord. 3584, passed 7-6-1976; Ord. 3943, passed 6-3-1980; Ord. MC-1480, passed 4-18-2018) Editor’s note: Definition 21 of the prior code was repealed by Ord. MC-943, passed 6-6-1995. § 5.76.030 PERMIT - REQUIRED. It is unlawful for any person to drive, operate or cause to be operated, or to employ, permit or allow another to drive, operate or cause to be operated, any taxicab or non-emergency medical transportation vehicle over any street of this city, regardless of whether such operation extends beyond the boundary limits of the city, or to advertise for, solicit, induce, persuade, invite or procure such transportation of passengers, or sick or injured persons for non-emergency transportation without first obtaining a permit from the city, subject to the exceptions set forth in the following divisions (A) through (I) below: (A) A vehicle or medical transportation vehicle which is lawfully transporting a passenger or a patient from a point outside the city to a destination within the city, or en route to a destination outside the city, is excepted; provided that no such vehicle shall solicit or accept a passenger or patient from within the city for transportation to any destination whatsoever without such permit; (B) Any private medical transportation vehicle accepting and transporting a patient within the city when such private medical transportation vehicle has been requested or summoned by any police, fire or civil defense authority or has been informed by the person requesting such transportation that no permittee hereunder is willing or able to render such transportation and the City Police Department has been notified that such transportation will be made is excepted; provided that the city may revoke the permit of any permittee refusing such transportation unless the following conditions exist: (1) The permittee has notified the city in writing of the time and date of each such refusal and the reasons therefor on or before the tenth day of the following month; and (2) The city finds that the permittee refusing service was not able by reason of unavailability of equipment and personnel to render such service. In making this finding, the city may require the permittee to furnish any further information reasonably necessary for such determination. (C) A vehicle being operated pursuant to franchise issued by the authority of the State Public Utilities Commission or Interstate Commerce Commission is excepted; (D) A vehicle being operated for the purpose of transporting bona fide pupils attending an institution of learning between their homes and such institution is Packet Page 564 San Bernardino - Business Registration and Regulations170 excepted; (E) A vehicle being operated under what is commonly referred to as a “ride share” plan or arrangement, as where a person en route from his or her place of residence to his or her place of business, or vice versa, transports another person living and working in the same general vicinity upon payment of a sum estimated to cover the actual or approximate cost of operation of the vehicle is excepted; (F) A vehicle rented or leased for self-operation by a person using such vehicle under a plan commonly known as “U-Drive,” unless it is used by such person to transport other persons for compensation, is excepted; (G) Any ambulance or medical transport vehicle maintained, owned or operated by any firm, corporation, copartnership or individual engaged in any business other than the ambulance business in this city, which ambulance or medical transport vehicle is maintained, owned or operated exclusively or primarily for the use and benefit of officers, servants or employees of such firm, corporation, co-partnership or individual is excepted; (H) Any disabled transportation van operated pursuant to an agreement with the city subject to the terms, covenants and conditions of such agreement and any applicable rules and regulations adopted by the Mayor and City Council; provided that such rules and regulations may be modified or amended by the Mayor and City Council at any time; and (I) One handicapped transportation van for the handicapped operation pursuant to an agreement with the city subject to the terms, covenants and conditions of such agreement and any applicable rules and regulations adopted by the Bureau of Franchises; provided that such rules and regulations may be modified or amended by the Mayor and CommonCity Council at any time. (Ord. 1987, passed 7-7-1953; Ord. 2979, passed 3-18-1969; Ord. 3486, passed 3-19-1975; Ord. MC-460, passed 5-15-1985; Ord. MC-943, passed 6-6-1995; Ord. MC-947, passed 7-12-1995; Ord. MC-1480, passed 4-18-2018) § 5.76.040 PERMIT - PETITION FOR - REQUIREMENTS - FILING FEES. (A) Any person desiring a permit to operate vehicles regulated by this chapter shall file a petition therefor with the Department of Finance and Management Services. Such petition shall be verified by oath of the applicant, if a natural person; or by oath of an officer or partner of the applicant, if the applicant is a corporation, partnership, association or unincorporated company, and which petition shall set forth the name, age and address of the petitioner, if a natural person, or if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all its officers, together with their respective residence addresses; or if a partnership, association or unincorporated company, then the names of the partners or persons comprising the partnership, association or company, together with their respective ages and residence addresses. The petition shall also state the trade name or style, if any, under which the applicant proposes to operate; full information pertaining to the extent, character and nature of the proposed operation; and the manner in which such proposed operations are to be conducted; the type, model, capacity and condition of the vehicles proposed to be operated; a full statement of the petitioner’s assets and liabilities; and such other or additional information as the Department of Finance and Management Services may require. (B) The Department of Finance and Management Services shall, upon receipt of such petition, make full and complete inquiry into the facts set forth therein, hold a hearing thereon upon such notice to interested persons as it shall prescribe and shall either grant or deny a permit upon the proposed terms, or upon terms other than those proposed. Such permit shall be for a specified number of vehicles which shall only be increased by authority of the Director of Finance and Management Services. Such permit may, at the pleasure of the city, be for a prescribed period or for an indefinite period; provided that in either event, the permit shall be subject to revocation or suspension, as provided in this chapter or other ordinances of the city. When issued, such permit shall constitute evidence of compliance with the terms of this chapter, and shall authorize the permittee to operate vehicles under the conditions therein specified; subject, Packet Page 565 Taxicabs and Non-Emergency Medical Vehicles 171 however, to the requirements, obligations and limitations imposed by other applicable laws, ordinances and shall become effective only upon payment of the fees required by the provisions of all ordinances or resolutions applicable thereto. (C) At or before the time the petition is filed with the Department of Finance and Management Services, the petitioner shall pay to the Department of Finance and Management Services a filing fee of $500, plus $10 for each vehicle proposed to be covered by the permit, or such amount as may subsequently be set by resolution of the Mayor and City Council. (Ord. 1987, passed 7-7-1953; Ord. 3022, passed 10-21-1969; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.76.050 PERMIT - ISSUANCE - HEARINGS. No permit shall be granted to any carrier, as defined in § 5.76.020, except after a hearing thereon, conducted under and in accordance with such rules and regulations as may, from time to time, be prescribed therefor by the Mayor and City Council and until the Department of Finance and Management Services shall have determined that the public convenience and necessity require the operation proposed by the applicant for such permit. The Department of Finance and Management Services, in determining whether or not such facts exist, shall take into consideration the public demand for such service; the adequacy or inadequacy of service being rendered by other carriers; the effect of such service upon traffic; the financial responsibility of the applicant; the amount of wages to be paid to employees; the character of equipment proposed to be furnished; and any and all other facts which the Department of Finance and Management Services may deem relevant. Before granting any such permit, the Department of Finance and Management Services shall require its authorized officer to present an oral or written report which shall include his or her opinion as to the existence of public convenience and necessity for the operation proposed by the applicant. However, the burden of establishing the existence of public convenience and necessity shall always be borne by the applicant, and no permit shall be issued unless there has been an affirmative showing of the existence of such public convenience and necessity by such applicant. The foregoing provisions and requirements shall also apply where an increase in service is requested. (Ord. 1987, passed 7-7-1953; Ord. 3022, passed 10-21-1969; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.76.060 PERMIT - ISSUANCE - INCREASE IN SERVICE. (A) If the Department of Finance and Management Services finds that further service in the nature of that proposed in the city is required by the public convenience and necessity, then each holder of a certificate to operate taxi and/or non-emergency medical transportation vehicles in said class shall be notified as to the total increase in the number of such vehicles for which the convenience and necessity is found. The Department of Finance and Management Services shall then determine, subject to approval, reversal or modification thereof by the City Manager, whether each such holder shall have the right to increase the number of such vehicles in the same proportions that the total increase bears to the number of such vehicles theretofore operated by the holder; or whether an applicant shall be granted a permit to provide such service in accordance with the procedures herein provided upon the condition that the applicant meets all the requirements of this chapter. (B) In making the above findings and determinations, the Department of Finance and Management Services shall be governed and limited by the following standards: not more than one taxicab shall be permitted for each 2,500 residents of the city, or major portion thereof. Packet Page 566 San Bernardino - Business Registration and Regulations172 (C) The number of residents of the city shall be determined by the current population estimate of the State Department of Finance and Management Services. (D) The above limitation of not more than one vehicle for the indicated number of residents means one operating vehicle during each hour of any day. (Ord. MC-119, passed 11-16-1981; Ord. MC-1027, passed 9-9-1998; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.76.070 TRANSFER OF CERTIFICATES. (A) No permit or certificate of public convenience and necessity shall be sold, transferred, assigned, mortgaged or otherwise conveyed without the approval of the Department of Finance and Management Services, and the sale, assignment, mortgaging, transfer or otherwise conveying any such certificate without the approval of the Department of Finance and Management Services first had and obtained shall revoke the certificate. Any successor, transferee or assignee shall comply with each requirement and condition of the permit or certificate. (B) Any aggrieved and interested party may appeal to the City Manager from a decision of the Department of Finance and Management Services made pursuant to this section, by filing a written notice of appeal with the Department of Finance and Management Services within ten days of the challenged decision. The City Manager shall provide a hearing of such appeal, with notice and opportunity to present evidence, witnesses and arguments. The formal rules of evidence shall not apply. The City Manager shall issue a written decision explaining the basis of his or her decision on the appeal and a copy of the written decision shall be mailed to the appellant. (Ord. 1987, passed 7-7-1953; Ord. 3022, passed 10-21-1969; Ord. MC-1017, passed 2-4-1998; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.76.080 NOTICE OF AMENDMENTS. Notice of current amendments to this chapter and of scheduled hearings under § 5.76.050 shall be given to applicants for permits or certificates and to firms and persons to whom operating permits and certificates have been issued; provided that failure to give such notice shall not invalidate any decision made, or permit or certificate issued, pursuant to this chapter. (Ord. 1987, passed 7-7-1953; Ord. 3022, passed 10-21-1969) § 5.76.090 DIAL-A-RIDE SERVICE. (A) A person holding a taxicab permit under the provisions of this chapter and having an agreement with the city authorizing a dial-a-ride service may drive, operate or cause to be driven or operated authorized vehicles on the public streets, subject to the terms, covenants and conditions of said agreement, this chapter and any applicable rules and regulations adopted by the Bureau of Franchises. The Bureau or its Chairperson shall issue a dial-a-ride permit upon execution of the agreement. (B) The Bureau may adopt rules and regulations governing the operation of such service after giving notice and an opportunity to be heard to all persons, firms, corporations and associations having operating permits or certificates issued under this chapter and other interested persons; provided that such rules and regulations shall not conflict with the provisions of the agreement and may be reversed or modified by the Mayor and CommonCity Council at any time during the term of the agreement. (Ord. 1987, passed 7-7-1953; Ord. 3585, passed 7-6-1976) Packet Page 567 Taxicabs and Non-Emergency Medical Vehicles 173 § 5.76.100 ONLY AUTHORIZED SERVICE PERMITTED. It is unlawful for any carrier granted a permit under this chapter to conduct any operation or give any service other than the service authorized by its permit granted by the city. (Ord. 1987, passed 7-7-1953; Ord. MC-1480, passed 4-18-2018) § 5.76.110 REVOCATION, SUSPENSION AND CANCELLATION OF PERMITS NOTICE - HEARING. (A) The Department of Finance and Management Services shall have the power to suspend or revoke any or all of the carrier permits granted under the provisions of this chapter when it has determined that any of the provisions hereof have been violated, or that any holder of such a permit has failed to comply with the terms of such permit or the rules and regulations of the city pertaining to the operation, character and quality of the service of any such vehicles. Before revocation of such permit, the carrier shall be entitled to a hearing thereon before the Department of Finance and Management Services and shall be notified thereof. (B) Notice of hearing on such proposed suspension or revocation shall be in writing and shall be served at least five days prior to the date of the hearing thereon, such service to be upon the holder of such permit, or its manager, or agent, and which notice shall state the grounds of complaint against the holder of such permit and shall also state the time when and the place where such hearing will be held. In the event the holder of such permit cannot be found, or service of such notice cannot be made upon it in the manner herein provided, then a copy of such notice shall be mailed, postage fully prepaid, addressed to such carrier at its last known address, at least five days prior to the date of such hearing. (Ord. 1987, passed 7-7-1953; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.76.120 LICENSE - FEES - REPORTS ON CHARTER VEHICLE HIRE. (A) Each permit issued pursuant to this chapter shall entitle the holder thereof to obtain a license to engage in the business described in the permit upon payment of the fees required by the city’s license ordinance, provided the holder of such permit complies with all other applicable provisions of law or city ordinances. (B) Prior to issuance of any such license, the applicant therefor shall obtain from the Bureau a certificate showing that a permit is in effect authorizing the proposed service by the applicant, that issuance as required by ordinance is in effect and describing the vehicles so authorized to be used. The applicant shall file the certificate so issued by the Bureau with the license tax collector at the time the license is issued. The license tax collector shall retain such certificate so filed and shall indicate thereon the serial number of the license issued pursuant thereto. (C) Any permittee holding a valid and effective permit for operation of a charter vehicle shall be entitled, provided all other applicable laws and ordinances are complied with, to obtain a license to engage in the business thereby permitted and shall, likewise, be entitled to receive a certificate from the Bureau that such permit or permits are in effect. Each such licensee shall, not later than the tenth day of each month, file with the Bureau a verified report covering the operation of charter vehicles by such licensee for the previous calendar month. Such report shall show the date; the place of origin; the ultimate destination; the name of the party employing the vehicle; the type, Packet Page 568 San Bernardino - Business Registration and Regulations174 make and state license number of the vehicle; and such other data as may be required by the Bureau upon forms provided by it. A copy of each report shall be filed with the city’s license tax collector and shall be accompanied by payment of the amount due. (D) In the event any person required to file such monthly report fails to do so, or in the event such reports are found not to be complete, the Bureau may immediately terminate the permits held by such person under this chapter. (Ord. 1987, passed 7-7-1953) § 5.76.130 DISPLAY OF PERMITS. (A) There shall be displayed upon each vehicle operated pursuant to the terms of this chapter a numbered permit, for the current year, to be issued by the city upon payment of the required license fee. Each such permit shall be securely attached on the rear of any vehicle and shall be plainly visible at all times. (B) In the event of loss or destruction of any such permit, a renewal permit shall be secured by payment to the Department of Finance and Management Services of a fee of $2 for each such permit, or such fee as shall be subsequently set by resolution of the Mayor and City Council, but no such renewal permit shall be issued except upon application to the Department of Finance and Management Services, and establishing by clear and satisfactory proof that the permit being replaced has been lost or destroyed. (C) A current and complete description of each vehicle on which a permit is attached or may be attached and displayed shall be filed on an approved form with the Department of Finance and Management Services. (Ord. 1987, passed 7-7-1953; Ord. 3002, passed 7-15-1969; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.76.140 INSURANCE - NON-EMERGENCY MEDICAL TRANSPORTATION VEHICLES. No carrier which operates non-emergency medical transportation vehicles, wheelchair passenger transportation vehicles, disabled transportation van or dialysis transportation vehicles shall operate or permit to be operated any vehicle under the provisions of this chapter, unless and until such vehicle is covered by the insurance requirements set forth below, and the policy of such insurance or a certificate thereof, in an insurance company approved by the city, has been filed with the Department of Finance and Management Services. Such policy or certificate shall set forth with particularity the make, number and other identifying data of each vehicle covered by such policy, together with the expiration date of such policy, and any other information required by the Department of Finance and Management Services. For non-emergency medical transportation vehicles, wheelchair passenger transportation vehicles, disabled transportation vans or dialysis transportation vehicles, $2,000,000 combined single incident public liability and property damage insurance is required. (Ord. 1987, passed 7-7-1953; Ord. 3943, passed 6-3-1980; Ord. MC-424, passed 12-18-1984; Ord. MC-943, passed 6-6-1995; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.76.150 INSURANCE - TAXICABS. Each taxicab carrier and owner of a taxicab or vehicle used in the transportation of passengers for hire shall maintain, whenever he or she may be engaged in conducting such operations, ability to respond in damages resulting from the ownership or operation of the taxicab or vehicle and arising by reason of personal injury to, or death of, any one person, of at least $100,000 and, subject to the limit of $100,000 for each person injured or killed, of at least $300,000 for such injury to, or the death of, two or more persons in any one accident, and for damages to property of at least $50,000 resulting from any one accident. The minimum limits of the foregoing ability to respond in damages shall be maintained or increased to conform with Cal. Vehicle Code, § 16500. Ability to respond in damages may be maintained by either of the alternatives set forth in said § 16500. Packet Page 569 Taxicabs and Non-Emergency Medical Vehicles 175 (Ord. 1987, passed 7-7-1953; Ord. 3002, passed 7-15-1969; Ord. MC-16, passed 12-9-1980) § 5.76.160 NUMBERING OF VEHICLES. Each vehicle operated pursuant to the terms of this chapter shall be numbered. Such number shall be painted upon the body of the vehicle in numerals not less than four inches nor more than six inches in height in a position or positions approved by the Department of Finance and Management Services. A city permit shall be attached to each vehicle. (Ord. 1987, passed 7-7-1953; Ord. 2733, passed 4-5-1966; Ord. MC-1480, passed 4-18-2018) § 5.76.170 ADVERTISING. No advertising or advertising device shall be placed on or in any vehicle operated under this chapter without the approval of the Department of Finance and Management Services. (Ord. 1987, passed 7-7-1953; Ord. 2078, passed 11-8-1955; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.76.180 AVAILABILITY OF SERVICE. Taxicab service shall be available, at all times, by telephone call, by engagement of the taxicab when standing at a regularly assigned stand or when hailed from the street or curb. It is unlawful for any carrier or driver of a taxicab to refuse or neglect to transport any orderly person or persons upon request anywhere in the city when a taxicab or such carrier is standing in a regularly assigned taxi stand, and such service shall be rendered immediately upon request. (Ord. 1987, passed 7-7-1953) § 5.76.190 CRUISING AND LOADING. (A) It is unlawful for any driver of any vehicle licensed under this chapter, while driving such vehicle, to cruise, loiter or stop on a public street for the purpose of soliciting passengers or seeking a place in a taxi stand which is already occupied. (B) It shall be lawful, however, for such vehicle while proceeding to a regularly assigned taxi stand, regularly established call station or to the carrier’s principal place of business, to accept employment when hailed from the street or curb; provided that it is unlawful for such driver to accept passengers at any of the following places: (1) In any marked or unmarked crosswalk; (2) At any regularly established bus stop; (3) At any place in a street except alongside a curb; and (4) Alongside any curb opposite a regularly established and marked traffic safety zone. (Ord. 1987, passed 7-7-1953) § 5.76.200 RATES - TAXICAB SERVICE. The rates or fares to be charged the public for taxicab service shall not be more than the maximum rates established by resolution of the Mayor and City Council. (Ord. 1987, passed 7-7-1953; Ord. 3406, passed 3-4-1974; Ord. 3412, passed 3-19-1974; Ord. 3585, passed 7-6-11976; Ord. 3750, passed 8-21-1978; Ord. MC-497, passed 2-3-1986; Ord. MC-659, passed 5-15-1989; Ord. MC-1172, passed 5-3-2004; Ord. MC-1480, passed 4-18-2018) § 5.76.210 MEDICAL TRANSPORTATION RATES. The rates which shall be charged the public by non-emergency medical transportation carriers shall be such as are prescribed in the carrier’s permit, and shall not exceed the maximum rates sets forth in the schedule for such charges fixed by resolution adopted by the Mayor and City Council. All rate changes subsequently adopted shall be adopted only after a duly noticed public hearing is held relating thereto. (Ord. 1987, passed 7-7-1953; Ord. 3585, passed 7-6-11976; Ord. MC-1480, passed 4-18-2018) Packet Page 570 San Bernardino - Business Registration and Regulations176 § 5.76.220 RATES - MINIMUM AND MAXIMUM FOR LIMOUSINE AND CHARTERED VEHICLE SERVICE. (A) The rates or fares to be charged the public for chauffeured limousine and charted vehicle service shall be in accordance with the carrier’s permit and as prescribed by the Bureau and the Mayor and CommonCity Council, and shall be not less than the minimum nor more than the maximum rates which are fixed in this section. (B) The minimum rate shall be $5 per hour or $0.40 per mile, whichever is the greater, and hourly rate shall be computed in fractions of one-half hour. The minimum charge for chauffeured limousine service shall be the rate for the one-half hour. (C) The maximum rate shall be $7 per hour or $0.60 per mile, whichever is the greater, and the hourly rate shall be computed in fraction of one-half hour. (D) The foregoing rates shall apply to time or mileage, whichever is the greater, upon departure from the carrier’s principal place of business in the city and until return thereto. (Ord. 1987, passed 7-7-1953; Ord. 3022, passed 10-21-1969) § 5.76.230 RATES - ESTABLISHED. No rate or fare shall be placed in effect, charged, demanded or collected by any carrier for the transportation of passengers by vehicle for its services as regulated by this chapter until the Mayor and City Council, after a hearing upon its own motion, or upon application, or complaint, has found and determined the rate to be just, reasonable and non-discriminatory, nor in any way in violation of any provisions herein contained or any provisions of law. In establishing and authorizing such rates or fees, the city shall take into account, and give due and reasonable consideration to the cost of all comparable transportation services performed by all persons, firms or corporations engaged in such transportation services for compensation in the city, whether by virtue of any franchise granted by the Department of Finance and Management Services or otherwise, including length of haul, any additional transportation service performed or of any accessory service, and to value of the facilities reasonably necessary to perform such transportation service. (Ord. 1987, passed 7-7-1953; Ord. 2078, passed 11-8-1955; Ord. MC-943, passed 6-6-1995; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.76.240 CHANGE IN RATES. The Bureau shall have power, upon a hearing, upon its own motion or upon application, or complaint, to investigate a single rate or fare, or the entire schedule of fares in effect, charged, demanded or collected for the transportation services by vehicles covered by this chapter, and with the approval of the Mayor and CommonCity Council, establish a new rate, fare or schedule of fares in lieu thereof. (Ord. 1987, passed 7-7-1953; Ord. 2078, passed 11-8-1955) § 5.76.250 DISCRIMINATION OF RATES PROHIBITED. It is unlawful for any carrier, or any agent or employee thereof, or any driver or operator of any vehicle regulated by this chapter, to charge, collect, demand, receive, arrange, solicit or bargain for any amount of compensation in excess of, or less than, the rates or fares established and authorized by the city. (Ord. 1987, passed 7-7-1953; Ord. MC-1480, passed 4-18-2018) § 5.76.260 RATES TO BE DISPLAYED. Every vehicle used or operated under this chapter shall, at all times, have displayed therein, in a location and manner approved by the Department of Finance and Management Services, the rates to be charged for such service, and which rates shall always be visible. (Ord. 1987, passed 7-7-1953; Ord. 2078, passed 11-8-1955; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) Packet Page 571 Taxicabs and Non-Emergency Medical Vehicles 177 § 5.76.270 REFUSAL TO PAY FARE. It is unlawful for any person to refuse to pay the authorized fare of any of the vehicles mentioned in this chapter after having employed the same, and it is unlawful for any person to hire any vehicle, defined in § 5.76.020, with intent to defraud the person from whom it is hired or engaged of the value of such service. (Ord. 1987, passed 7-7-1953) § 5.76.280 DRIVERS. (A) Vehicles covered by this chapter shall be operated only by the carrier, if a person, or by a person employed by the carrier, or by a person authorized by lease, contract or other arrangement with a carrier to operate a vehicle under such carrier’s permit; each such authorized person shall be subject to and comply with all the applicable provisions of this chapter, and no carrier shall impose upon such person any contractual terms or conditions inconsistent with those set forth in this chapter. If the applicant is not an employee, the proposed arrangement, contract or lease under which such authority is to be exercised shall be submitted in writing to the Department of Finance and Management Services. The Director of Finance and Management Services shall, after he or she has conducted, or caused to be conducted, such review and investigation as he or she deems necessary, approve or reject the proposed arrangement, contract or lease and shall communicate his or her decision to the applicant within ten days after the proposed arrangement, contract or lease has been submitted. If the Director of Finance and Management Services fails to communicate an adverse decision to the applicant within ten days after the proposed arrangement, contract or lease has been submitted, it shall be deemed rejected. If the Director of Finance and Management Services rejects the proposed arrangement, contract or lease, the applicant may request, in writing, a hearing before the City Manager. The request for a hearing shall be submitted to the City Clerk within five days after the decision of the Director of Finance and Management Services has been communicated to the applicant. The Department of Finance and Management Services shall promptly notify the applicant of the time and place of the hearing which shall not be more than 30 days after the request for hearing has been submitted. The hearing shall be conducted informally pursuant to the provisions of § 5.76.070(B). The decision of the City Manager shall be final. No arrangement, contract or lease shall be approved if any of the terms thereof are not in conformity with the provisions of this chapter. (B) Such approval may be withdrawn by the City Manager by the mailing of a ten-day notice of intention to the carrier and the driver, subject to the right to request a hearing under the same procedures and standards for the original approval. This provision permitting the withdrawal of approval shall be deemed to be a part of each such arrangement, contract or lease when so approved and neither the carrier nor the driver shall have any legal recourse or right of action arising out of such withdrawal of approval. (C) A person authorized to operate under carrier’s permit by arrangement, contract or lease shall be deemed to be an independent contractor and shall obtain a city business license. (Ord. 1987, passed 7-7-1953; Ord. 2154, passed 1-22-1957; Ord. 3585, passed 7-6-1976; Ord. 3877, passed 11-7-1979; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.76.290 INVESTIGATION OF DRIVERS. (A) The Chief of Police shall conduct an investigation concerning the background, conduct, behavior and character of any applicant to drive a vehicle under a carrier’s permit or of any driver while operating a vehicle under a carrier’s permit in order to present facts or information to aid the Director of Finance and Management Services in determining whether the prospective or continued operation of a vehicle by a driver would be detrimental to the health, safety, peace, general welfare or convenience of the public. (B) The investigation report shall be forwarded to the Director of Finance and Management Services, who may utilize the report to determine whether to approve or reject an arrangement, contract or lease relating to an applicant or whether such approval should be withdrawn pursuant to § 5.76.280. Packet Page 572 San Bernardino - Business Registration and Regulations178 (Ord. 1987, passed 7-7-1953; Ord. 3585, passed 7-6-1976; Ord. 3877, passed 11-7-1979; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.76.300 IDENTIFICATION OF VEHICLES. No permit shall be granted to any carrier to operate any vehicle covered by this chapter whose color scheme, name, trade name, monogram or insignia shall be in conflict with, or in imitation of, any color scheme, name, trade name, monogram or insignia used by any other carrier, as defined in § 5.76.020, and which shall be of such character and nature as to be misleading or deceptive to the public. (Ord. 1987, passed 7-7-1953) § 5.76.310 IDENTITY LIGHTS. Every taxicab shall be equipped with an identity light attached to the top of such taxicab. The identity light shall be constructed in one unit consisting of an illuminated plate or cylinder upon which is printed the words “for hire,” or as approved by the Department of Finance and Management Services. The overall dimensions of such identity light shall not exceed six inches in height by 20 inches in length. The lights of the identity light unit shall be operated automatically or manually to illuminate the identity light when the taximeter is not in operation, indicating the cab is vacant and for hire, and to extinguish the identity light when the taximeter is in operation. It is unlawful to drive or operate any taxicab with such identity light illuminated while carrying passengers for compensation, and it is unlawful to drive, operate or be in charge of any taxicab unless such identity light is illuminated when such taxicab is for hire. None of the foregoing provisions requiring the identity light to be illuminated shall apply during daylight hours. (Ord. 1987, passed 7-7-1953; Ord. 2154, passed 1-22-1957; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.76.320 ROUTE-PASSENGER LIMIT IN TAXICABS. (A) Every driver of a taxicab who is engaged to carry passengers shall take the most direct route possible that will carry the passengers safely and expeditiously to their destinations unless otherwise directed by the hirer. (B) When a taxicab is engaged, the person or persons engaging such taxicab shall have the exclusive right to the full and complete use of the passenger compartment, and it is unlawful for the carrier or driver of the taxicab to solicit, or carry additional passengers therein except with the express consent of each of said persons; provided, however, that where the Department of Finance and Management Services finds that public necessity requires the grouping of passengers in such taxicabs, the Department of Finance and Management Services may issue a special written permit, which permits shall specifically set forth the rules and regulations under which such passenger grouping is permitted. It is unlawful for any driver or carrier to operate or permit to be operated any taxicab in violation of any of the rules and regulations set forth in such special permits. (C) The number of adult passengers which may be carried in any vehicle covered by this chapter shall be limited to the seating capacity of such vehicle as specified by the manufacturer. The number of passengers consisting of children attending schools below the level of junior high schools, which may be carried in any vehicle covered by this chapter shall be limited to the adult seating capacity of such vehicle, as specified by the manufacturer, plus one. No person shall be carried in such vehicle who is required to share in any way the seating space occupied by another, nor shall any person be carried who is not provided a seat. (D) The provisions of divisions (A) and (B) above shall not apply to dial-a-ride taxicab. (Ord. 1987, passed 7-7-1953; Ord. 3022, passed 10-21-1969; Ord. 3585, passed 7-6-1976; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.76.330 EQUIPMENT - INSPECTION. All vehicles operated by any carrier, as defined in Packet Page 573 Taxicabs and Non-Emergency Medical Vehicles 179 § 5.76.020, shall, before being placed in service, be approved by the Department of Finance and Management Services. All such vehicles shall be of a design and type of construction as shall comply with orders and regulations pertaining to such equipment adopted, from time to time, by the Department of Finance and Management Services. Such vehicles shall, at all times, be kept in a clean and sanitary condition and in a good state of repair, and shall be subject to inspection, at all times, by the Department of Finance and Management Services, or its representative. Any vehicle which becomes unsafe, unclean or unserviceable or mechanically defective shall be retired from service upon order of the Department of Finance and Management Services, and no vehicle which has been so retired shall be again operated in such service except with approval of the Department of Finance and Management Services. (Ord. 1987, passed 7-7-1953; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.76.340 TAXIMETER REQUIRED - INSPECTION - OPERATION. (A) It is unlawful for any carrier to operate, or cause to be operated, any taxicab in the city unless and until such taxicab is equipped with a taximeter of a type and design approved by the Department of Finance and Management Services, and it shall be the duty of the carrier operating such taxicab, and also the driver thereof, to keep such meter operating at all times within such standard of accuracy as may be prescribed by the Department of Finance and Management Services. No passenger shall be carried in any such cab unless the taximeter is in operation. This provision shall apply regardless of whether the taxicab is engaged for a trip entirely within the boundaries of the city or partially outside thereof, and such meter shall be kept operating continuously during the entire time that it is engaged in the transportation of passengers for compensation; provided that when the point of destination is outside the boundaries of the city from a point within the boundaries, the rate charged for the trip outside of the boundaries may be a flat rate in accordance with a schedule approved by the Mayor and City Council. (B) The taximeter shall be placed in each taxicab so that the reading dial showing the amount to be charged shall be well lighted and readily discernible to a passenger riding in any such taxicab. (C) Every taximeter used in the operation of taxicabs shall be subject to inspection at any time by the Department of Finance and Management Services, or any of its representatives. Upon discovery or notice from the Department of Finance and Management Services of any inaccuracy of such taximeter, the operator thereof shall remove, or cause to be removed, from service any vehicle equipped with the taximeter until such taximeter has been repaired and accurately adjusted or replaced with one approved by the Department of Finance and Management Services. (D) The carrier shall cause each taximeter to be inspected and tested for accuracy at least once every six months. Upon the completion of such inspection and of any adjustments necessary to cause such taximeter to operate within the standards of accuracy approved by the County Department of Agriculture/Weights and Measures, the carrier shall cause to be placed upon such meter a gummed label having printed thereon the following: “This taximeter was inspected and tested on (date) and found to comply with the standard of accuracy prescribed by the San Bernardino County Department of Agriculture/Weights and Measures.” The date on which such inspection was made shall be stamped in the blank space provided for that purpose. No such label shall be removed except at the time a subsequent inspection is made. The standard of accuracy prescribed by the Department of Finance and Management Services for each taximeter shall be the same standard established by the County Department of Agriculture/Weights and Measures. (E) It is unlawful for any driver of any taxicab, while carrying passengers, to display the flag attached to the taximeter in such a position as to denote that such vehicle is not employed, or to fail to throw the flag of the taximeter to a position indicating the vehicle is unemployed at the termination of each and every service. (F) All charges for taxicab service shall be calculated and indicated by a taximeter and at all times while the taxicab is engaged, the flag of the taximeter Packet Page 574 San Bernardino - Business Registration and Regulations180 shall be thrown into a position to register charges for mileage, or into a position to register charges for waiting time. No taximeter shall be used whose mechanism will register a combined charge for mileage and waiting time in any single position, and no taximeter shall be so operated as to cause any charge to be registered thereon except during the time while the taxicab is engaged by a passenger or passengers. (G) The provisions of this section shall not apply to a dial-a-ride taxicab. (Ord. 1987, passed 7-7-1953; Ord. 3002, passed 7-15-1969; Ord. 3022, passed 10-21-1969; Ord. 3585, passed 7-6-1976; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.76.350 WAITING TIME - ON-SCENE TIME - AMBULANCES. (A)Waiting time. For the purpose of this chapter, WAITING TIME means the time consumed while the taxicab is not in motion at the direction of a passenger, and also the time consumed while waiting for a passenger after having responded to a call; but no charge shall be made for the time consumed by the premature response to a call, or for the first three minutes following timely arrival of any location in response to a call or for time lost through traffic interruptions or for delays caused by the inefficiency of the taxicab or its driver. (B)On-scene time - ambulances. On-scene time for ambulance service shall begin from the time of the arrival of the ambulance at the scene of a medical emergency and shall continue until the vehicle leaves the scene. (Ord. 1987, passed 7-7-1953; Ord. 2078, passed 11-8-1955; Ord. 2979, passed 3-18-1969; Ord. 3584, passed 7-6-1976; Ord. MC-943, passed 6-6-1995) § 5.76.360 RECEIPT TO BE GIVEN UPON REQUEST. It is unlawful for the driver of any vehicle, upon receiving full payment for a fare as indicated by the taximeter, or for services rendered, to refuse to give a receipt upon the request of any person making such payment. When the taximeter is of the so-called “receipt type,” a receipt shall always be offered the passenger upon receiving payment without a request therefor being made. (Ord. 1987, passed 7-7-1953; Ord. 2078, passed 11-8-1955) § 5.76.370 TRANSACTION RECORDS. The holder of a franchise covered by this chapter shall keep a complete and accurate record of each trip showing the time and place of origin and destination of the trip, the number of passengers carried, the mileage and the amount of fare or charge collected. (Ord. 1987, passed 7-7-1953; Ord. 2154, passed 1-22-1957; Ord. MC-1480, passed 4-18-2018) § 5.76.380 INSPECTION OF RECORDS. The Department of Finance and Management Services shall have the right to inspect any and all books and records of any carrier at any and all reasonable times, and any carrier under this chapter shall keep adequate and complete books and records providing such detail as shall be required by the Department of Finance and Management Services, and failure to keep and maintain such books and records shall be grounds for suspension of any license or permit issued under this chapter. (Ord. 1987, passed 7-7-1953; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.76.390 TAXI STANDS - APPLICATION FOR-STANDING RESTRICTED. It is unlawful for any carrier, or driver of any vehicle operated pursuant to the terms of this chapter, to stand or permit to stand any such vehicle while awaiting employment in front of any residential property, except when answering a call for service at Packet Page 575 Taxicabs and Non-Emergency Medical Vehicles 181 such residential property, or to stand or permit to stand such vehicle at any other place designated by the Department of Finance and Management Services. (Ord. 1987, passed 7-7-1953; Ord. 3022, passed 10-21-1969; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.76.400 TAXI STANDS - ISSUANCE OF PERMITS. Permits may be issued by the Department of Finance and Management Services to carriers operating pursuant to the terms of this chapter allowing the vehicles of such carriers, while awaiting employment, to stand at certain designated places upon the streets of the city; provided, however, that no such permit shall be granted except upon the written application of the carrier desiring such stand, filed with the Department of Finance and Management Services, stating the proposed location of such stand. Any application for a taxi stand may be acted upon by the Department of Finance and Management Services without notice; providing such application is accompanied by the written consent of the occupant of the first floor of any building of that property in front of which it is desired to establish such vehicle stand, or if any such building is a hotel, the written consent of the manager of the hotel, or if there is no building on the premises in front of which it is desired that such vehicle shall stand, or if there is a building and the first floor is not occupied, then the written consent of the owner, agent or lessee of such building or premises. In the event that the occupant, manager, owner, agent or lessee hereinabove mentioned refuses, fails or neglects to grant consent to the establishing of a taxi stand at the location proposed, the Department of Finance and Management Services shall set a time of hearing on such application, which shall be not less than ten days nor more than 30 days from the time of filing such application, and each and every person qualified under these provisions to make or offer a formal objection to establishing such taxi stand at the location proposed shall be notified in writing not less than five days prior to said hearing, at which time he or she shall be given an opportunity to be heard. Notwithstanding the failure or refusal of the occupant, manager, owner, agent or lessee as hereinabove mentioned to grant consent to the establishing of a taxi stand in front of the building or premises as proposed, or any formal objection offered thereto, the Director of Finance and Management Services, with input from the city’s designated traffic engineer, and with the approval of the City Manager, shall have the right to grant or deny any application for a taxi stand. (Ord. 1987, passed 7-7-1953; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.76.410 TAXI STANDS - PERMITS SUBJECT TO REVOCATION. All permits for taxi stands so issued shall contain a provision to the effect that they are and they shall be subject to revocation by the Department of Finance and Management Services with the approval of the City Manager at any time. (Ord. 1987, passed 7-7-1953; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.76.420 TAXI STANDS - AUTHORIZED USE ONLY. It is unlawful for any vehicle to occupy any regularly established taxi stand unless such vehicle is one being operated by the carrier to which such taxi stand has been assigned as herein provided, except with the consent of the carrier assigned the taxi stand. (Ord. 1987, passed 7-7-1953; Ord. 3022, passed 10-21-1969) § 5.76.430 TAXI STANDS - APPLICATION FEE - EXEMPTION. All applications for taxi stands, or for relocations thereof, shall be accompanied by a fee of $10 for each stand to be established or relocated, or such fee as may be subsequently set by resolution of the Mayor and Packet Page 576 San Bernardino - Business Registration and Regulations182 City Council. Applications for relocation shall be processed in like manner as an original permit. In addition to the filing fee of $10, or such fee as may be subsequently set by resolution of the Mayor and City Council, each application shall contain an agreement on the part of the applicant to reimburse the city for all expenses incurred in locating or relocating a taxi stand, such reimbursement to be made promptly upon being billed by the city. (Ord. 1987, passed 7-7-1953; Ord. 2367, passed 7-5-1961; Ord. MC-1480, passed 4-18-2018) § 5.76.440 TAXI STAND MAINTENANCE FEE. In addition to all other fees established by this chapter, there shall become due and payable on November 1 and shall become delinquent on the following January 1 of each year a taxi stand maintenance fee of $15 per year, or such fee as may be subsequently set by resolution of the Mayor and City Council, for each taxi stand assigned to such carrier in return for which the city shall cause each such taxi stand to be maintained by having them painted twice each year. (Ord. 1987, passed 7-7-1953; Ord. 2367, passed 7-5-1961; Ord. MC-1480, passed 4-18-2018) § 5.76.450 MANNER OF GIVING NOTICE. Whenever a notice is required to be given, unless different provisions herein are otherwise specifically made, such notice may be given either by personal delivery thereof to the person to be notified, or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his or her last known business or residence address as the same appears in the public records, or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office. Proof of giving such notice may be made by an affidavit of any person over the age of 18 years, which affidavit shows service in conformity with this chapter or other provisions of law applicable to the subject matter concerned. (Ord. 1987, passed 7-7-1953) § 5.76.460 RESERVED. [Reserved] (Repealed by Ord. MC-277, passed 6-8-1983) § 5.76.470 RESERVED. [Reserved] (Repealed by Ord. MC-277, passed 6-8-1983) § 5.76.480 RESERVED. [Reserved] (Repealed by Ord. MC-277, passed 6-8-1983) § 5.76.490 RESERVED. [Reserved] (Repealed by Ord. MC-943, passed 6-6-1995) § 5.76.500 MEDICAL TRANSPORTATION RATES. The rates which shall be charged the public by medical transportation carriers shall be such as are prescribed in the carrier’s permit, and shall not exceed the maximum rates sets forth in the schedule for such charges fixed by resolution adopted by the Mayor and CommonCity Council. All rate changes subsequently adopted shall be adopted only after a duly noticed public hearing is held relating thereto. (Ord. 1987, passed 7-7-1953; Ord. 3584, passed 7-6-1976; Ord. 3878, passed 11-7-1979; Ord. 3943, passed 6-3-1980; Ord. MC-190, passed 7-13-1982; Ord. MC-195, passed 8-3-1982) Packet Page 577 Taxicabs and Non-Emergency Medical Vehicles 183 § 5.76.510 AMBULANCE CARRIER REQUIREMENTS RATES. Every ambulance carrier shall: (A) Use ambulances equipped with one side exit and rear exit sufficiently large for the placing and removing of patients; the length of an ambulance compartment shall provide adequate space at the head of the stretcher for an ambulance technician to perform proper patient airway maintenance procedures; the patient compartment shall provide space for the ambulance technician to perform external cardiac compression on one patient when positioned at a right angle to the side of the patient; the inside height of the patient compartment shall be a minimum dimension of 52 inches from floor to ceiling; (B) Equip all ambulances with two stretchers, oxygen and first-aid kits, all of which shall be prescribed by the Bureau; and (C) Render no free service under any conditions. (Ord. 1987, passed 7-7-1953; Ord. 2078, passed 11-8-1955; Ord. 3584, passed 7-6-1976) § 5.76.520 DRIVERS AND ATTENDANTS OF AMBULANCES. No ambulance carrier shall operate or maintain any vehicle with a crew of less than two persons, one of whom shall be a qualified driver holding an unexpired permit issued under the provisions of this chapter and at least one member of each of said crews shall have had special experience or instructions in proper methods in moving and handling the sick and injured and first-aid treatment as shall meet the rules and regulations of the health officer of this city, and shall have obtained a certificate from the health officer that he or she is sufficiently proficient. These shall not take effect for 60 days after employment. (Ord. 1987, passed 7-7-1953; Ord. 2979, passed 3-18-1969) § 5.76.530 DRIVERS OF WHEELCHAIR PASSENGER TRANSPORTATION VEHICLES OR A TRANSPORTATION VAN FOR THE HANDICAPPED. Any person driving a wheelchair transportation vehicle or a van for transporting handicapped persons shall be a qualified driver holding an unexpired permit issued pursuant to the provisions of this chapter, and shall have had special experience or instruction in proper methods in moving and handling handicapped persons and shall have completed a course in first-aid treatment as established by the American Red Cross or the United States Bureau of Mines. (Ord. 1987, passed 7-7-1953; Ord. 2979, passed 3-18-1969; Ord. 3486, passed 3-19-1975) § 5.76.540 RESERVED. [Reserved] (Repealed by Ord. MC-943, passed 6-6-1995) § 5.76.550 RESERVED. [Reserved] (Repealed by Ord. MC-943, passed 6-6-1995) § 5.76.555 RESERVED. [Reserved] (Repealed by Ord. MC-943, passed 6-6-1995) § 5.76.560 RESERVED. [Reserved] (Repealed by Ord. MC-277, passed 6-8-1983) § 5.76.570 RESERVED. [Reserved] (Repealed by Ord. MC-460, passed 5-15-1985) Packet Page 578 San Bernardino - Business Registration and Regulations184 § 5.76.575 APPLICATION TO CITY. This chapter shall not be construed to apply to the city or to city officers and employees acting in their capacity as such officers or employees. (Ord. MC-879, passed 6-23-1993) § 5.76.580 ENFORCEMENT. Upon the granting of any permit to any carrier as provided by this chapter, a copy of such permit shall be transmitted by the Department of Finance and Management Services to the Chief of Police, who is charged with the duty of enforcement of all provisions of this and other ordinances pertaining to the operation of vehicles for hire. (Ord. 1987, passed 7-7-1953; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 5.76.590 RESERVED. [Reserved] (Repealed by Ord. MC-460, passed 5-15-1985) Packet Page 579 CHAPTER 5.80: THEATERS - MOTION PICTURE AND ELECTRICAL EQUIPMENT Section 5.80.010 Inspection and permit of theaters 5.80.020 Smoking in theaters 5.80.030 Fire extinguishers required 5.80.040 Reserved 5.80.050 Permit - expiration and renewal 5.80.060 Stage and theater electrician - requirements 5.80.070 Stage and theater electrician - permit 5.80.080 Apprentice operator or electrician - permit 5.80.090 Operator’s permit revoked for violation of law 5.80.100 Exception - churches, school and the like 5.80.110 Rewinding film in closed cabinet 5.80.120 Smoking or open flame in booth prohibited 5.80.130 Automatically operated safety devices - testing 5.80.140 Projection rooms and booths 5.80.150 Hazardous conditions 5.80.160 Employment of persons not duly registered to operate unlawful 5.80.170 Use of defective or damaged film unlawful 5.80.180 Use of open flame during performance unlawful - other restrictions 5.80.190 Violation of provisions unlawful 5.80.200 Applicability of other laws 5.80.210 Adult movies 5.80.220 Theater permit 5.80.230 Reserved § 5.80.010 INSPECTION AND PERMIT OF THEATERS. (A) Any theater that has been closed for a continuous period of 30 days, and any theater that has been erected or structurally altered or enlarged, shall not be opened to the public for a performance without first having an inspection by, and the written permission of, the City Development Services Department and the Fire Department. (B) Upon application by the owner, agent or lessee, the Development Services Department shall cause an inspection to be made of all the public safety devices of the theater building, and if they are found to comply with the requirements hereof, shall cause such written permission to be issued forthwith. In the event the public safety devices, appurtenances, exits or stairways are not in a secure and safe condition, they must be put into such condition before any performance is given or before the building is opened to the public. The Development Services Department shall have the right to close any theater building when any owner, lessee or manager, or his or her agent, refuses to comply with the provisions hereof and such theater building shall remain closed until all such requirements applicable thereto shall have been complied with. (Ord. 2900, passed 4-23-1968; Ord. MC-1027, passed 9-9-1998) § 5.80.020 SMOKING IN THEATERS. Smoking shall not be permitted in the auditorium or balcony of any theater nor in any place where 185 Packet Page 580 San Bernardino - Business Registration and Regulations186 motion pictures are exhibited, except in toilets, lounges, dressing rooms or offices. (Ord. 2900, passed 4-23-1968) § 5.80.030 FIRE EXTINGUISHERS REQUIRED. In addition to the fire extinguishing equipment required in all Group A, B and C occupancies, as defined by the Building Codes of this city, there shall be installed not less than two Class A fire extinguishers, as defined in the State Fire Marshal’s Code, on each floor, including the basement. Adjacent to main switchboards there shall be maintained not less than two Class C fire extinguishers, as defined in the State Fire Marshal’s Code. In addition thereto, there shall be installed such number of fire axes and fire hooks as the Bureau of Fire Prevention may order. (Ord. 2900, passed 4-23-1968) Cross-reference: Building Codes, see Title 15, Chapters 15.04 and 15.05 § 5.80.040 RESERVED. [Reserved] (Repealed by Ord. MC-46, passed 4-27-1981) § 5.80.050 PERMIT - EXPIRATION AND RENEWAL. All permits issued under the provisions of this chapter shall expire on January 1 of each year. A renewal permit may be issued upon application to the chief electrical inspector and the payment of a renewal fee of $5. Any application for renewal must be made on or before January 15 of each year. In the event of failure to so apply for the renewal of a permit on or before January 15, a person whose permit has expired must qualify as a new applicant and take the examination therefor. No renewal permit shall be issued unless the applicant submits satisfactory evidence to the chief electrical inspector that he or she has worked as a motion picture machine operator for not less than 30 days during the previous calendar year. (Ord. 2900, passed 4-23-1968) § 5.80.060 STAGE AND THEATER ELECTRICIAN - REQUIREMENTS. All electrical apparatus in a theater or motion picture house shall be in charge of a registered journeyperson stage and theater electrician or motion picture operator. Theaters using the stage for other purposes than motion pictures shall have a registered stage and theater electrician in attendance at all times when the theater is open. (Ord. 2900, passed 4-23-1968) § 5.80.070 STAGE AND THEATER ELECTRICIAN - PERMIT. The permit fees and procedures for motion picture operators as set forth in §§ 5.80.040 and 5.80.050 shall apply also to stage and theater electricians. (Ord. 2900, passed 4-23-1968) § 5.80.080 APPRENTICE OPERATOR OR ELECTRICIAN - PERMIT. The chief electrical inspector may, in accordance with such rules and regulations as he or she may deem reasonably necessary, issue a permit to an individual to act as an apprentice motion picture operator or apprentice stage and theater electrician. A person desiring such a permit shall furnish to the chief electrical inspector a written request therefor signed by the manager or owner at the place where he or she intends to act as such an apprentice operator or electrician before such permit may be granted. The applicant shall also pay to the Development Services Department the sum of $5. A renewal permit, as in § 5.40.050, may be issued with the payment of a Packet Page 581 Theaters - Motion Picture and Electrical Equipment 187 renewal fee of $2.50. Such permit entitles the permittee to operate only under supervision, at all times, of a regularly licensed operator or electrician. (Ord. 2900, passed 4-23-1968; Ord. MC-1027, passed 9-9-1998) § 5.80.090 OPERATOR’S PERMIT REVOKED FOR VIOLATION OF LAW. Any motion picture operator, stage and theater electrician or apprentice found guilty, by a court of competent jurisdiction, of violating any of the provisions of this chapter, or of any other law or ordinance regulating motion picture machines, shall have his or her permit revoked by the chief electrical inspector, and shall not be allowed for a period of one year thereafter, to operate a motion picture machine or theater electrical equipment within the city. (Ord. 2900, passed 4-23-1968) § 5.80.100 EXCEPTION - CHURCHES, SCHOOL AND THE LIKE. (A) The provisions of this chapter relating to permits for motion picture machine operators shall not apply to churches, schools, colleges or institutions where the projection of films is used for educational purposes, nor shall the provisions of this chapter relating to such permits apply to the projection of motion pictures in private dwellings. (B) The chief electrical inspector may, and is authorized to, establish such rules and regulations as may best protect life and property in connection with the operation of motion picture machines, in such occupancies, but which shall not exceed requirements otherwise contained in this chapter. (Ord. 2900, passed 4-23-1968) § 5.80.110 REWINDING FILM IN CLOSED CABINET. All rewinding of film shall be done in an enclosed cabinet of a type approved by the Fire Prevention Division. All film, records and other combustible material used in connection with the projection of pictures shall be kept in metal lockers or cabinets, except when in actual use. (Ord. 2900, passed 4-23-1968) § 5.80.120 SMOKING OR OPEN FLAME IN BOOTH PROHIBITED. No person shall smoke or maintain any open flame or other source of ignition within any motion picture machine booth. A sign bearing the words “No Smoking Permitted” shall be displayed in a conspicuous location within such motion picture machine booth. (Ord. 2900, passed 4-23-1968) § 5.80.130 AUTOMATICALLY OPERATED SAFETY DEVICES - TESTING. The chief electrical inspector may require that all automatically operated safety devices be operated not less than once every 30 days to determine that they are in proper working condition. (Ord. 2900, passed 4-23-1968) § 5.80.140 PROJECTION ROOMS AND BOOTHS. (A) No unauthorized person shall be allowed inside any motion picture machine booth when the same is being used for the projection of motion pictures. Packet Page 582 San Bernardino - Business Registration and Regulations188 (B) The requirements for projection rooms shall be those requirements which are enumerated in the latest edition of the UniformInternational Building Code, as adopted and amended by the city. (Ord. 2900, passed 4-23-1968; Ord. 3070, passed 5-12-1970) § 5.80.150 HAZARDOUS CONDITIONS. It is unlawful to admit or allow the admission of the public to a theater after receiving notice or knowledge of the existence of any hazardous condition within the theater which is injurious to the public health, safety or welfare. Such hazardous conditions may include, but are not limited to, loose or improperly attached fixtures; unsanitary conditions; damaged or defective seats; defects in or damage to the floor, floor covering or carpeting; obstructions in aisles; and insufficient illumination or inoperative light bulbs. (Ord. 2900, passed 4-23-1968; Ord. 3070, passed 5-12-1970) § 5.80.160 EMPLOYMENT OF PERSONS NOT DULY REGISTERED TO OPERATE UNLAWFUL. It is unlawful for any person, firm or corporation, either as owner, manager, agent or otherwise, to procure, employ or permit, or cause to be procured, employed or permitted, any person not duly registered, as provided in this chapter, to operate or assist in the operation of any motion picture projector or equipment of which such owner, firm or corporation has charge or control. (Ord. 2900, passed 4-23-1968) § 5.80.170 USE OF DEFECTIVE OR DAMAGED FILM UNLAWFUL. It is unlawful for any one to operate, or cause to be operated, a motion picture projector with defective or damaged film which is likely to jeopardize public safety. It shall be the duty of the projectionist to give the owner or manager a written notice upon finding any film unsafe for use in the city and a duplicate of said notice shall be sent to the office of the chief electrical inspector and the Fire Prevention Division. (Ord. 2900, passed 4-23-1968) § 5.80.180 USE OF OPEN FLAME DURING PERFORMANCE UNLAWFUL - OTHER RESTRICTIONS. It is unlawful to allow an open flame to be used upon any stage of any theater during any performance without first obtaining a permit in writing from the chief engineer of the Fire Department. When gas heaters are used for heating purposes in the auditorium, these must be of the forced air type. It is unlawful for any person, firm or corporation to allow any foliage, straw, hay or other combustible material upon any stage in any theater, until the same is made fireproof by an application of fireproofing solution, and then only after inspection has been made by the chief engineer of the Fire Department, or his or her duly authorized representatives; and it is unlawful for any person, firm or corporation to allow any automobile, motorcycle or any other gasoline driven vehicle upon any stage of any theater unless all gasoline is first removed from the tank thereof. (Ord. 2900, passed 4-23-1968) § 5.80.190 VIOLATION OF PROVISIONS UNLAWFUL. It is unlawful for any person, firm or corporation owning, managing, conducting or in control of any theater or motion picture theater to allow, suffer or permit any violation of the provisions of this chapter and any of the provisions of the Fire Prevention Code, as promulgated by the National Board of Fire UnderwritersNational Fire Protection Association, which has been or may hereafter be established by the Packet Page 583 Theaters - Motion Picture and Electrical Equipment 189 city and adopted as rules and regulations governing conditions hazardous to life and property from fire. (Ord. 2900, passed 4-23-1968) § 5.80.200 APPLICABILITY OF OTHER LAWS. In addition to the requirements set forth in this chapter, each owner or operator of a theater or motion picture house is subject to the Cal. Labor Code, Division 2, Part 9, Chapter 1, Article 1 (§§ 2260 et seq.) and any other applicable law or ordinance. (Ord. 2900, passed 4-23-1968) § 5.80.210 ADULT MOVIES. (A) The manager or any person in control or charge of a theater shall determine whether each motion picture is recommended for adult viewing only before such motion picture is shown or exhibited publicly, and knowingly shall not sell or permit the sale of any admission ticket to view such motion picture recommended for adult viewing only to, or permit the viewing thereof by, any unmarried minor person under the age of 18 years unless such minor person is accompanied by his or her parent or guardian or presents written consent or permission therefor from and signed by such parent or guardian. (B) Any advertisement or publication printed or distributed in the city concerning a motion picture which has been recommended for adult viewing only by the manager or any person in control or charge of a theater where such motion picture is exhibited or will be exhibited publicly shall contain the phrase “Recommended For Adults Only” in letters as large and high as the majority of letters in such advertisement or publication. (Ord. 2900, passed 4-23-1968) § 5.80.220 THEATER PERMIT. (A) The owner or manager of each theater where motion pictures or any picture projected from slides or films are publicly exhibited shall apply for a theater permit from the Chief of Police of the city within 30 days from the adoption of this section. The Chief shall issue the permit if he or she finds that the applicant has complied with each law or ordinance relating to theaters and the exhibition of motion pictures or any picture projected from films or slides. (B) The Chief shall suspend any theater permit issued by him or her if he or she finds that the permittee or such permittee’s agent or employee has been or is knowingly violating any provision of this chapter or other applicable ordinance or law. The determination of the Chief with regard to matters of suspension shall be appealable to the Mayor and CommonCity Council in the same manner as set forth in Chapter 2.64. (C) The Chief, in the case of such suspension, shall either personally serve or serve by the United States mail, postage prepaid, addressed to the permittee, a written order of suspension stating the reasons for such suspension. The order shall be effective 24 hours after the same is either personally served, or 48 hours after the same has been deposited in the course of the United States mail. (D) An order of suspension from which an appeal is taken as provided in this section shall be of no force or effect until such appeal is fully determined. (Ord. 2900, passed 4-23-1968; Ord. MC-410, passed 9-18-1984) § 5.80.230 RESERVED. [Reserved] (Repealed by Ord. MC-460, passed 5-15-1985) Packet Page 584 San Bernardino - Business Registration and Regulations190 Packet Page 585 CHAPTER 5.82: OPERATOR PERMIT REGULATIONS Section 5.82.010 Findings 5.82.020 Permit - required 5.82.030 Permit - application 5.82.040 Application for permit - investigation fee 5.82.050 Investigation 5.82.060 Permit - duration 5.82.070 Permit - conditions 5.82.080 Permit - denial 5.82.090 Notice of decision by Chief of Police 5.82.100 Right of appeal to City Manager 5.82.110 Notice of appeal - time limit 5.82.120 Notice of appeal - contents 5.82.130 Action by the City Clerk 5.82.140 Consideration by the City Manager 5.82.150 Notification of the City Manager’s decision 5.82.160 Suspension or revocation of operator’s permit 5.82.170 Notice of hearing 5.82.180 Failure to appear at the hearing 5.82.190 Suspension - designated 5.82.195 Revocation 5.82.200 Notice of decision of City Manager 5.82.210 Permit - abandonment 5.82.220 Permit - transfer 5.82.230 Severability 5.82.240 Reserved 5.82.250 Reserved § 5.82.010 FINDINGS. The city is endeavoring to reduce acts of sexual misconduct, drug trafficking and “fencing” activities occurring in the city, and to improve the business environment in the city. In furtherance of these goals, and to promote the health, safety and welfare of the public, this chapter requires regulatory permits for the purpose of ensuring that preventive action is taken to curb criminal activities from occurring on the business premises or from being involved with the employees or business operations. The criminal activities interfere with the safe operation of the businesses in the presence of patrons and visitors, and the continuance of the premises will be detrimental to the health, safety and welfare of the public. It is further found that such criminal activities have occurred and are likely to continue to occur on many business premises in the city. (Ord. MC-502, passed 3-6-1986) § 5.82.020 PERMIT - REQUIRED. (A) It shall be unlawful for any person to commence, manage or conduct any type of business enumerated herein, without a valid and unsuspended operator’s permit issued hereunder and to not, at all times, commence, manage or conduct such business in compliance with all regulations of such business imposed under or by this chapter, including all conditions imposed by the Chief of Police by or under § 5.82.070. (B) The commencement, management or conducting of any business regulated by this chapter without an operator’s permit as required or in a manner that is not in compliance with all regulations imposed under or by this chapter, including all conditions imposed by the Chief of Police by or under § 5.82.070, shall constitute a separate violation of this chapter for each and every day that such business is so commenced, managed or conducted. (C) For the purposes of this chapter, PERSON shall include, but is not limited to, any individual who 191 Packet Page 586 San Bernardino - Business Registration and Regulations192 commences, manages or conducts a business regulated by this chapter, whether as principal or agent, clerk or employee, acting personally or for any other person, or for any corporate entity, or as an officer of any company, partnership or corporation, or otherwise. (D) This chapter shall apply to any person commencing, managing or conducting any of the following businesses: (1) Hotel; and (2) Motel. (Ord. MC-502, passed 3-6-1986; Ord. MC-692, passed 12-19-1989; Ord. MC-809, passed 10-8-1991; Ord. MC-1305, passed 5-20-2009; Ord. MC-1472, passed 3-7-2018) § 5.82.030 PERMIT - APPLICATION. An applicant for a permit for the operation of any such hotel or motel shall apply for and obtain an operator’s permit. The application for such permit shall be filed with the Department of Finance and Management Services, shall be signed under penalty of perjury and shall be upon a form supplied by the Department of Finance and Management Services. The application shall contain the true names, addresses and criminal convictions during the ten years immediately preceding the date of the application, if any (except for infractions of the California Vehicle Code), of the applicant and all persons financially interested in the applicant’s business, and such other information as may reasonably be deemed necessary by the Police Department. (Ord. MC-502, passed 3-6-1986; Ord. MC-962, passed 3-20-1996; Ord. MC-809, passed 10-8-1991; Ord. MC-884, passed 9-8-1993; Ord. MC-1472, passed 3-7-2018; Ord. MC-1625, passed 2-21-2024) § 5.82.040 APPLICATION FOR PERMIT - INVESTIGATION FEE. Each application for an operator’s permit shall be accompanied by a non-refundable investigative fee in an amount established by resolution of the Mayor and City Council. (Ord. MC-519, passed 5-20-1986; Ord. MC-976, passed 7-31-1996; Ord. MC-1472, passed 3-7-2018) § 5.82.050 INVESTIGATION. (A) The Chief of Police shall refer the application to a subordinate officer who shall fully investigate the applicant and the facts and circumstances concerning the application submitted, and who shall report, in writing to the Police Chief, his or her recommendations and reasons therefor as to whether such operator’s permit should be granted or denied. (B) The Chief of Police shall consider any relevant factual material relating to such applicant, and shall authorize the issuance of an operator’s permit as required by this chapter only upon finding that the following apply. (1) During the ten years immediately preceding the date of the application, the applicant has not been convicted of, or pled guilty or nolo contendere to, any felony or crime of moral turpitude or been found in violation of laws or a regulation in a governmental quasi-judicial proceeding when the facts underlying such proceeding or conviction show a nexus between the crime or violation and the particular business operations or indicate the lack of qualities essential to protect the public health, safety and welfare in operations under the permit. (2) The applicant is not required to register under Cal. Penal Code, § 290 or Cal. Health and Safety Code, § 11590.§§ 11591 and 11591.5. (3) The applicant has not knowingly made any false, misleading or fraudulent statement of fact in the permit application process, or on any document required by the city in conjunction therewith. (4) The location for which the permit is sought is compatible with the neighborhood and suitable for the type of operation proposed, and will not pose a public nuisance, as defined in this code, in the neighborhood or disrupt the peace and solitude of a residential area. (Ord. MC-502, passed 3-6-1986; Ord. MC-505, Packet Page 587 Operator Permit Regulations 193 passed 3-19-1986; Ord. MC-884, passed 9-8-1993; Ord. MC-1472, passed 3-7-2018) § 5.82.060 PERMIT - DURATION. Permits issued pursuant to this chapter shall be valid until such time as there is a change of ownership of the business or until the permit is suspended, abandoned or revoked. (Ord. MC-502, passed 3-6-1986; Ord. MC-519, passed 5-20-1986; Ord. MC-696, passed 1-9-1990) § 5.82.070 PERMIT - CONDITIONS. The Chief of Police may impose conditions of approval deemed necessary to ensure compliance with the provisions of this chapter or to protect the health, safety and welfare of the public. (Ord. MC-502, passed 3-6-1986) § 5.82.080 PERMIT - DENIAL. If the Chief of Police finds any of the facts prohibiting issuance of a permit, as set forth in § 5.82.050, exist, the Chief of Police shall deny the application. (Ord. MC-502, passed 3-6-1986) § 5.82.090 NOTICE OF DECISION BY CHIEF OF POLICE. Within 45 calendar days of the date the application is filed, the Chief of Police shall give written notices of his or her decision to the applicant, to the Department of Finance and Management Services and to any other person specifically requesting such notice. (Ord. MC-502, passed 3-6-1986; Ord. MC-1472, passed 3-7-2018; Ord. MC-1625, passed 2-21-2024) § 5.82.100 RIGHT OF APPEAL TO CITY MANAGER. Any applicant aggrieved by the decision of the Chief of Police with reference to the issuance, conditional issuance or denial of a permit may appeal therefrom by filing a written notice of appeal with the City Clerk directed to the City Manager. (Ord. MC-502, passed 3-6-1986; Ord. MC-1472, passed 3-7-2018) § 5.82.110 NOTICE OF APPEAL - TIME LIMIT. Any such notice of appeal shall not be valid and shall not be acted upon unless filed within 15 calendar days after the date of the action or decision which is being appealed. (Ord. MC-502, passed 3-6-1986) § 5.82.120 NOTICE OF APPEAL - CONTENTS. (A) The notice of appeal shall be in writing and shall set forth: (1) The specific action appealed from; (2) The specific grounds of appeal; and (3) The relief or action sought from the City Manager. (B) In the event any notice of appeal fails to set forth any information required by this section, the City Clerk shall return the same to the appellant with a statement of the respects in which it is deficient, and the applicant shall thereafter be allowed five calendar days in which to perfect and refile his or her notice of appeal. (Ord. MC-502, passed 3-6-1986; Ord. MC-1472, passed 3-7-2018) § 5.82.130 ACTION BY THE CITY CLERK. Upon the timely filing of a notice of appeal in proper form, the City Clerk shall schedule the matter promptly and within 45 days for hearing before the City Manager. (Ord. MC-502, passed 3-6-1986; Ord. MC-1472, passed 3-7-2018) Packet Page 588 San Bernardino - Business Registration and Regulations194 § 5.82.140 CONSIDERATION BY THE CITY MANAGER. At the time of consideration of the appeal by the City Manager, the appellant shall present evidence limited to the specific grounds of appeal and matters set forth in his or her notice of appeal. The appellant shall have the burden of establishing cause why the action appealed from should be altered, reversed or modified. The Police Department shall have the opportunity to answer arguments made and rebut new evidence offered, if any. The City Manager shall review the evidence, findings and record relating to the decision or action and may, in his or her discretion, receive new or additional evidence. Formal rules of evidence shall not apply to any appeal hearing. (Ord. MC-502, passed 3-6-1986; Ord. MC-1472, passed 3-7-2018) § 5.82.150 NOTIFICATION OF THE CITY MANAGER’S DECISION. Within ten calendar days after reaching a determination on the appeal, the City Manager shall give written notice of his or her decision to the appellant, the Police Department, the Department of Finance and Management Services and to any other person specifically requesting such notice. (Ord. MC-502, passed 3-6-1986; Ord. MC-1472, passed 3-7-2018; Ord. MC-1625, passed 2-21-2024) § 5.82.160 SUSPENSION OR REVOCATION OF OPERATOR’S PERMIT. (A) Upon receipt of satisfactory evidence of any of the following grounds, the City Manager may hold a hearing to consider the suspension or revocation of a permit issued under this chapter. (B) For suspension, the grounds are as follows: (1) The permittee has failed to comply with any condition imposed on the permit; (2) The permittee has failed to timely pay any license or permit fees that are provided for under the provisions of this code; and (3) The existence of unsanitary conditions, noise, disturbances or other conditions at the premises and related to the business which causes a public nuisance, or which is detrimental to the public health, safety or welfare. (C) For revocation, the grounds are as follows. (1) The permittee, operator or employee of the permittee has engaged in or permitted conduct at the business premises which constitutes a felony or crime of moral turpitude, and the permittee knew, or with the exercise of reasonable diligence should have known, of such criminal conduct and failed to take remedial or preventive action. Such conduct may include, but shall not be limited to, acts of sexual misconduct, illicit drug transactions or “fencing” of personal property occurring on the premises of the business. (2) Permittee has made any material misstatement in the application for such permit or the permit was acquired by fraud. (3) Any of the grounds that would warrant the denial of the issuance of such permit at the time of application. (4) There have been two or more suspensions of the permit under this chapter in the proceeding 18 months. (D) The finding of any one of the above grounds shall be sufficient to support a suspension or revocation, respectively, of a permit. (Ord. MC-502, passed 3-6-1986; Ord. MC-505, passed 3-19-1986; Ord. MC-893, passed 1-12-1994; Ord. MC-1472, passed 3-7-2018) § 5.82.170 NOTICE OF HEARING. The permittee shall be notified in writing that a hearing which may result in suspension or revocation of the permit will be held, the place where the hearing will be held and the date and time thereof, which shall not be sooner than ten calendar days after service of Packet Page 589 Operator Permit Regulations 195 such notice of hearing. All notices provided for in this section shall be personally served upon the permittee, or by leaving such notice at the place of business or residence of such permittee in the presence of a competent member of the household or a person apparently in charge of permittee’s place of business at least 18 years of age, who shall be informed of the contents thereof. In the event service cannot be made in the foregoing manner, then a copy of such notice shall be mailed, by certified mail, return receipt requested, addressed to the last known address of such permittee at his or her place of business or residence at least ten calendar days prior to the date of such hearing. The notice shall also contain a general statement of the nature of the grounds of the proposed suspension and that the permittee may be represented by counsel at the hearing. (Ord. MC-502, passed 3-6-1986; Ord. MC-893, passed 1-12-1994) § 5.82.180 FAILURE TO APPEAR AT THE HEARING. In the event that the permittee, or counsel representing the permittee, fails to appear at the hearing, the evidence of the existence of facts which are presented and which constitute grounds for the suspension or revocation of the permit may be used by the City Manager as the basis of his or her decision. (Ord. MC-502, passed 3-6-1986; Ord. MC-893, passed 1-12-1994; Ord. MC-1472, passed 3-7-2018) § 5.82.190 SUSPENSION - DESIGNATED. If, after the conclusion of a hearing held to consider the suspension of a permit issued under this chapter, it is determined that any of the grounds for suspension of an operator’s permit exist, then said permit shall be suspended for one month for the first suspension; two months for the second suspension; and six months for each additional suspension thereof. (Ord. MC-502, passed 3-6-1986) § 5.82.195 REVOCATION. If, after the conclusion of a hearing held to consider the revocation of a permit issued under this chapter, it is determined that any of the grounds for revocation of an operator’s permit exist, then such permit shall be revoked. (Ord. MC-893, passed 1-12-1994) § 5.82.200 NOTICE OF DECISION OF CITY MANAGER. A copy of the decision of the City Manager specifying findings of fact and conclusions for the decision shall be furnished to the permittee, or permittee’s designated representative. The decision of the City Manager shall be final when issued. (Ord. MC-502, passed 3-6-1986; Ord. MC-1472, passed 3-7-2018) § 5.82.210 PERMIT - ABANDONMENT. A permit shall be deemed abandoned within the terms of this chapter where the business or activity has had no reported sales or activity for a period of at least 180 consecutive days. Exceptions are temporary closures for repairs, alterations or other similar situations. (Ord. MC-502, passed 3-6-1986; Ord. MC-893, passed 1-12-1994; Ord. MC-1472, passed 3-7-2018) § 5.82.220 PERMIT - TRANSFER. No permit issued pursuant to this chapter shall be transferable. (Ord. MC-502, passed 3-6-1986; Ord. MC-1472, passed 3-7-2018) § 5.82.230 SEVERABILITY. If any section, division, paragraph, sentence, clause, phrase or portion of this chapter is invalid or shall be held to be invalid, such invalidity shall not affect the validity of the remainder. (Ord. MC-502, passed 3-6-1986; Ord. MC-1472, passed 3-7-2018) Packet Page 590 San Bernardino - Business Registration and Regulations196 § 5.82.240 RESERVED. [Reserved] (Repealed by Ord. MC-1472, passed 3-7-2018) § 5.82.250 RESERVED. [Reserved] (Repealed by Ord. MC-1472, passed 3-7-2018) Packet Page 591 CHAPTER 5.84: ENFORCEMENT - CITING AUTHORITY Section 5.84.010 Enforcement 5.84.015 Penalties for violation 5.84.020 Right of entry - exhibition of license § 5.84.010 ENFORCEMENT. It shall be the duty of the Department responsible for issuing a particular permit, or its authorized representatives, to enforce the provisions of this title with respect to such permit. (Ord. MC-302, passed 9-7-1983; Ord. MC-1487, passed 4-18-2018) § 5.84.015 PENALTIES FOR VIOLATION. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title other than those of Chapters 5.12, 5.36, 5.40, 5.48 and 5.52 is guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of Chapters 5.12, 5.36, 5.40, 5.48 and 5.52 is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. MC-460, passed 5-15-1985) § 5.84.020 RIGHT OF ENTRY - EXHIBITION OF LICENSE. (A) The head of the department issuing a particular permit, the Chief of Police, or his or her authorized representatives, are empowered to enter, during business hours, free of charge, any place of business, or to approach any person apparently conducting or employed in the operation of the business, for which a license or permit is required pursuant to this title, and to demand the exhibition of such license or permit for the current term. If such person then and there fails to exhibit such license or permit, the authorized representative or police officer is authorized and empowered to cite the person and issue a notice to appear pursuant to the provisions of this title, relating to licensing of businesses within the city. (B) Such representatives and police officers shall ascertain the name of any person, firm or corporation or association engaged in or carrying on any business, show, exhibition or game in the city who or which is liable to obtain and pay for a license and shall require that such license be obtained and that the appropriate fee or tax be paid. The Police Department and other departments of the city shall assist and cooperate as may be required to enable the fulfillment of the imposed duties and responsibilities hereunder. (Ord. MC-302, passed 9-7-1983; Ord. MC-1487, passed 4-18-2018) 197 Packet Page 592 San Bernardino - Business Registration and Regulations198 Packet Page 593 TITLE 6: ANIMALS Chapter 6.01. GENERAL PROVISIONS 6.02. NOISY ANIMALS 6.03. KEEPING OF NON-EQUINE LIVESTOCK 6.04. HORSES 6.05. FOWL 6.06. PIGEONS 6.07. WILD, EXOTIC, DANGEROUS OR NON-DOMESTIC ANIMALS IN CAPTIVITY 6.08. DOGS 6.09. VICIOUS AND POTENTIALLY DANGEROUS DOGS 6.10. CATS 6.11. QUARANTINE 6.12. POLICE DOGS 6.13. ENFORCEMENT - PENALTY 6.14. ADMINISTRATIVE CITATIONS Statutory reference: For provisions on animals generally, see Cal. Food and Agriculture Code, §§ 16301 et seq. 1 Packet Page 594 San Bernardino - Animals2 Packet Page 595 CHAPTER 6.01: GENERAL PROVISIONS Section 6.01.010 Findings 6.01.020 Definitions 6.01.030 Applicability of title 6.01.040 Fee schedules 6.01.050 Construction of buildings to prevent escape 6.01.060 Care of animals by owner 6.01.070 Protection of public 6.01.080 Ventilation 6.01.090 Commercial animal runs 6.01.100 Examination and treatment by veterinarian 6.01.110 Correction of violations 6.01.120 Denial of license or permit 6.01.130 Administration and enforcement of title 6.01.140 Abandonment of animal 6.01.150 Authority to apprehend livestock - fees 6.01.160 Mandatory spay or neutering of dogs 6.01.170 Impoundment of dogs 6.01.180 Denial or revocation of unaltered dog license or exempt status 6.01.190 Allocation of fees collected § 6.01.010 FINDINGS. The Mayor and CommonCity Council find that, in order to protect the residents of the city, and in order to protect the welfare of the animals within the city, the following minimum standards of care for animals within the city shall be established and enforced to encourage responsible animal ownership. § 6.01.020 DEFINITIONS. For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ABANDON. To desert, forsake or absolutely give up an animal without having secured another owner or custodian for the animal or by failing to provide the elements of basic care, as set forth in § 6.01.060, for a period of 48 hours or more. ADEQUATE CARE or CARE. The responsible practice of good animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter, transportation, treatment, grooming, the provision of veterinary care when needed to prevent suffering or impairment of health and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal. ADEQUATE EXERCISE or EXERCISE. The opportunity for the animal to sufficiently move to maintain normal muscle tone and mass for the age, species, size and condition of the animal. ADEQUATE FEED. Access to, and the provision of, food which is of sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age and condition of the animal, but at least once daily, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species. ADEQUATE SHELTER or SHELTER. Provision of, and access to, shelter that is suitable for the species, age, condition, size and type of each 3 Packet Page 596 San Bernardino - Animals4 animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, hail, direct sunlight, standing water, the adverse effects of heat or cold, physical suffering and impairment of health; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and for dogs and cats, provides a solid surface, resting platform, pad, floor mat or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this title, kennels whose wire grid or slat floors do not protect the animal’s feet or toes from injury are not ADEQUATE SHELTER. ADEQUATE SPACE. (1) Means sufficient space to allow each animal to: (a) Easily stand, sit, lie, turn about and make all other normal body movements in a comfortable, normal position for the animal; and (b) Interact safely with other animals in the enclosure. (2) When an animal is tethered, ADEQUATE SPACE means a tether that permits the actions in divisions (1)(a) and (1)(b) above and is appropriate to the age and size of the animal according to professionally accepted standards for the species; is attached to the animal by a properly applied collar, halter or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least eight feet in length, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of ADEQUATE SPACE. ADEQUATE WATER. Provision of, and access to, clean, fresh, potable water of a drinkable temperature which is provided in a suitable manner, in sufficient volume and at suitable intervals, but at least once every 12 hours, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles which are accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices. AMBIENT TEMPERATURE. The temperature surrounding the animal. ANIMAL. Any non-human vertebrate species including fish, except those fish captured and killed or disposed of in a manner consistent with contemporary practices. ANIMAL SHELTER. A facility operated by any locality, for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted animals; or a facility operated for the same purpose under a contract with any county, city, town or incorporated humane society or society for the prevention of cruelty to animals. COLLAR. A well-fitted device, appropriate to the age and size of the animal, attached to the animal’s neck in such a way as to prevent trauma or injury to the animal. A chain is not considered an acceptable COLLAR, except during training sessions under the direct supervision of an owner or handler. COMPANION ANIMAL. Any domestic or feral dog, domestic or feral cat, non-human primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird or any animal under the care, custody or ownership of a person or any animal which is bought, sold, traded or bartered by any person. Agricultural animals, game species or any animals regulated under federal law as research animals shall not be considered COMPANION ANIMALS for the purposes of this title. DIRECT AND IMMEDIATE THREAT. Any clear and immediate danger to an animal’s health, safety or life. Packet Page 597 General Provisions 5 EMERGENCY VETERINARY TREATMENT. Veterinary treatment to prevent or alleviate suffering, to stabilize a life-threatening condition or to prevent further transmission or progression of disease. ENCLOSURE. Structure used to house or restrict animals from running at large or harming themselves and should be of appropriate size for the age, species and condition of the animal consistent with generally accepted husbandry standards for the species. EUTHANASIA. The humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent which causes painless loss of consciousness and death during such loss of consciousness. EXHIBITOR. Any person or business who shows or handles any animals for public or private purposes. GROOMER. Any person who, for a fee, cleans, trims, brushes, makes neat, manicures or treats for external parasites an animal. GROOMING. Maintaining an animal’s coat and body condition in an appropriate state for the age and species of the animal, including such things as cleaning, trimming, thinning or brushing the coat, manicuring and removing foreign objects. HOUSING FACILITY. Any room, building or area used to contain a primary enclosure or enclosures. HUMANE. Any action taken in consideration of, and with the intent to provide for, the animal’s behavioral and physical health and well-being. KENNEL. Any establishment in which four or more canines, six or more felines or hybrids of either are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling or showing. LIVESTOCK. All domestic or domesticated: bovine animals (cattle type); equine animals (horse type); ovine animals (sheep type); porcine animals (pig type); cervine animals (deer like); caprine animals (goat type); ratite animals (ostrich type); enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals. OWNER. Any person who: (1) Has a right of property in an animal; (2) Keeps or harbors an animal; (3) Has an animal in his or her care; or (4) Acts as a custodian of an animal. PERSON. Any individual, partnership, firm, joint-stock company, corporation, association, trust, estate or other legal entity. PET SHOP. An establishment where companion animals are bought, sold, exchanged or offered for sale or exchange to the general public. POULTRY. All domestic fowl and game birds bred in captivity. PRIMARY ENCLOSURE. Any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment or hutch. For tethered animals, the term includes the shelter and the area within reach of the tether. PROPERLY CLEANED. Carcasses, debris, food, waste and excrement are removed from the yard, property, house and primary enclosure with sufficient frequency to minimize the animal’s contact with the above-mentioned contaminants; that the primary enclosure is sanitized with sufficient frequency to minimize odors, insects and the hazards of disease preventing the animals confined therein from being directly or indirectly sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals or disinfectants. PROPERLY LIGHTED. Sufficient illumination to permit routine inspections, maintenance, cleaning and housekeeping of the housing facility, and observation of the animal; to provide regular diurnal lighting cycles of either natural or artificial light, uniformly diffused throughout the animal facilities; Packet Page 598 San Bernardino - Animals6 and to promote the well-being of the animals. SANITIZE. To make physically clean and to remove and destroy, to a practical minimum, agents injurious to health. TRANSPORTATION or TRANSPORT. The responsible handling, moving or shipping of animals in the person’s ownership, custody or charge, appropriate for the age, species, condition, size and type of the animal. VETERINARY TREATMENT. Treatment by, or on the order of, a duly licensed veterinarian. WILD, EXOTIC, DANGEROUS, POISONOUS or NON-DOMESTIC ANIMALS. Any animals not specifically addressed within this title. REGISTERED ANIMAL. A purebred dog recognized by and registered with the American Kennel Club (“AKC”), United Kennel Club (“UKC”) or other national registry. (Ord. MC-1214, passed 2-22-2006; Ord. MC-1241, passed 3-6-2007) § 6.01.030 APPLICABILITY OF TITLE. (A) Every person, firm, corporation or other business enterprise within the city who owns, conducts, manages or operates any animal establishment for which special authorization and a license is required by this title shall comply with each of the conditions set forth in this chapter. (B) The owner, manager or operator of any activity or facility subject to this title shall be responsible for any violation of this title by an employee. (Ord. 821, passed 8-9-1921; Ord. 3334, passed 2-28-1973) § 6.01.040 FEE SCHEDULES. All fees assessed in conjunction with the enforcement of Title 6, “Animals,” shall be established by resolution of the Mayor and CommonCity Council. (Ord. 821, passed 8-9-1921; Ord. 3334, passed 2-28-1973; Ord. MC-815, passed 12-17-1991) § 6.01.050 CONSTRUCTION OF BUILDINGS TO PREVENT ESCAPE. Animal buildings and enclosures shall be so constructed and maintained as to prevent the escape of animals. (Ord. 821, passed 8-9-1921; Ord. 3334, passed 2-28-1973) § 6.01.060 CARE OF ANIMALS BY OWNER. (A) Each owner shall provide for each of his or her companion animals: (1) Adequate feed; (2) Adequate water; (3) Adequate shelter that is properly cleaned; (4) Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species and weight; (5) Adequate exercise; (6) Adequate care, treatment and transportation; and (7) Veterinary care when needed or to prevent suffering or disease transmission. (B) The provisions of this section shall also apply to every animal shelter, dealer, pet shop, exhibitor, kennel, groomer and boarding establishment. Packet Page 599 General Provisions 7 § 6.01.070 PROTECTION OF PUBLIC. All reasonable precautions shall be taken to protect the public from the animals and animals from the public. (Ord. 821, passed 8-9-1921; Ord. 3334, passed 2-28-1973) § 6.01.080 VENTILATION. Every building or enclosure wherein animals are maintained shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required according to physical needs of the animals and consistent with generally accepted husbandry practices. (Ord. 821, passed 8-9-1921; Ord. 3334, passed 2-28-1973) § 6.01.090 COMMERCIAL ANIMAL RUNS. Animal runs for commercial operations, such as veterinary clinics or boarding kennels, shall be of approved construction and shall be provided with adequate waste and manure disposal and for drainage into an approved sewer or individual sewer disposal installation. (Ord. 821, passed 8-9-1921; Ord. 3334, passed 2-28-1973) § 6.01.100 EXAMINATION AND TREATMENT BY VETERINARIAN. All animals shall be taken to a licensed veterinarian for examination and treatment if so ordered by the animal control officer. (Ord. 821, passed 8-9-1921; Ord. 3334, passed 2-28-1973) § 6.01.110 CORRECTION OF VIOLATIONS. Every violation of applicable regulation shall be corrected within a reasonable time to be specified by the animal control officer. (Ord. 821, passed 8-9-1921; Ord. 3334, passed 2-28-1973) § 6.01.120 DENIAL OF LICENSE OR PERMIT. Failure of the applicant for a license or permit to comply with any of the conditions enumerated in this title shall be deemed just cause for the denial or revocation of any license or permit, whether original or renewal. (Ord. 821, passed 8-9-1921; Ord. 3334, passed 2-28-1973) § 6.01.130 ADMINISTRATION AND ENFORCEMENT OF TITLE. (A) The Animal Control Division shall administer and enforce this title and other titles pertaining to animals or other species; and all provisions of the penal laws of the state relating to cruelty to animals. (B) In the performance of his or her duties, the Animal Control Director, any animal control officer and any authorized employee of the Animal Control Division shall have the power and authority to enforce the provisions of this title and other titles pertaining to animals or other species, including issuance of notices to appear pursuant to Cal. Penal Code, Title 3, Part 2, Title 3, Chapters 5C and 5D (commencing with § 853.5), for any offense which is a violation of this title relating to animals and fowl, or any Code of Regulations or penal law of the state relating to animals and fowl or cruelty to animals. (Ord. 821, passed 8-9-1921; Ord. 3301, passed 10-24-1972; Ord. 3926, passed 4-14-1980; Ord. 3968, passed 9-23-1980; Ord. MC-460, passed 5-15-1985; Ord. MC-1214, passed 2-22-2006) Packet Page 600 San Bernardino - Animals8 § 6.01.140 ABANDONMENT OF ANIMAL. No person shall abandon any animal. Nothing in this section shall be construed to prohibit the release of an animal, by its owner, to an animal shelter, humane society, SPCA or other private animal rescue group. (Ord. MC-1214, passed 2-22-2006) § 6.01.150 AUTHORITY TO APPREHEND LIVESTOCK - FEES. (A) Any livestock, other than bovine animals, found running at large in the city shall be apprehended by the animal control officer. The owner of any apprehended livestock shall pay apprehension fees and daily board and care fees prior to recovering the livestock from the animal control officer. Apprehension fees and board and care fees shall be set by resolution of the Mayor and CommonCity Council. Unclaimed livestock may be disposed of by a public sale by sealed bids. The livestock shall be sold to the highest bidder. The Director of Animal Control shall determine minimum bid amounts. Unclaimed livestock not disposed of by a public sale by sealed bids may be destroyed after seven calendar days. (B) Any bovine animal found running at large in the city shall be apprehended by the animal control officer. Within five days of the apprehension, the owner of any apprehended bovine animal shall pay apprehension fees and daily board and care fees prior to recovering the bovine animal from the Animal Control Office. Apprehension fees and board and care fees shall be set by resolution of the Mayor and CommonCity Council. (C) Within five days from the date of apprehension, the Director of Animal Control shall notify the State Director of Food and Agriculture of any unclaimed bovine animal, horse, mule or burro, and shall turn over to the State Director of Food and Agriculture any bovine animal, pursuant to the provisions of Cal. Food and Agricultural Code, §§ 17001 et seq. (Ord. MC-21, passed 1-7-1981; Ord. MC-145, passed 3-16-1982) § 6.01.160 MANDATORY SPAY OR NEUTERING OF DOGS. (A) No person may own, keep, harbor or maintain a dog over the age of four months which has not been spayed or neutered unless the dog is exempt as follows: (1) The dog is a registered purebred, as defined in § 6.01.020, and has competed in at least one dog show or sporting competition sanctioned by a national registry within the last 365 calendar days or has earned a conformation, obedience, agility, carting, herding, protection, rally, sporting, working or other title from a purebred dog registry; (2) The animal is unable to be spayed or neutered without a high likelihood of suffering serious bodily harm or death due to age or infirmity. The owner or custodian must obtain written confirmation to that effect from a licensed veterinarian. The statement must also include the date by which the animal may be safely spayed or neutered, if at all possible; or (3) Dogs used by law enforcement agencies. (B) After the effective date of this chapter, pet owners will have 60 days to come into compliance. New pet owners or pet owners new to the city will have 60 days to come into compliance. § 6.01.170 IMPOUNDMENT OF DOGS. (A) When a dog is impounded, the owner or custodian may reclaim the animal; provided one of the following occurs. (1) The owner shows proof the animal is spayed or neutered. (2) The owner shall pay a spay/neuter Packet Page 601 General Provisions 9 deposit of $100 and shall then have 30 days to have the animal spayed or neutered. Upon proof of the spaying or neutering, the $100 deposit will be refunded to the pet owner. Failure to have the animal spayed or neutered in that time frame will result in forfeiture of the deposit. (3) Exempt animals whose status was denied or revoked under the provisions of § 6.01.180 will be required to comply with division (A)(1) above. (B)Costs for impoundment. (1) The owner of an unaltered animal shall be responsible for the costs of impoundment, including outstanding fines, fees or any amount set by the Mayor and CommonCity Council. (2) If any person does not provide proof of the animal owner’s identity or provide satisfactory proof of ownership, claim the animal and pay any sums due prior to the expiration of the holding period prescribed by state law, the animal shall become the property of the city. § 6.01.180 DENIAL OR REVOCATION OF UNALTERED DOG LICENSE OR EXEMPT STATUS. (A)The Department may deny or revoke an unaltered dog license or exempt status for one or more of the following reasons. (1A) The pet owner is not in compliance with all of the requirements of § 6.01.160(A)(1);. (2B) The Department has received at least one complaint, in writing, by a complainant and verified by the Department, that the pet owner has allowed the dog to run loose or escape;. (3C) The pet owner was previously cited for violating a state law, county code or other municipal provision relating to the care and control of animals; . (4D) The unaltered dog has been adjudicated by a court or an agency of appropriate jurisdiction to be potentially dangerous or vicious;. § 6.01.190 ALLOCATION OF FEES COLLECTED. All fines and forfeited deposits collected under § 6.01.160 shall be paid to the Spay/Neuter Trust for the purpose of providing assistance to the public in the spaying and neutering of dogs and cats. (Ord. MC-1214, passed 2-22-2006; Ord. MC-1241, passed 3-6-2007) Packet Page 602 San Bernardino - Animals10 Packet Page 603 CHAPTER 6.02: NOISY ANIMALS Section 6.02.010 Findings 6.02.020 Declaration of a noisy animal as a public nuisance 6.02.030 Noisy animal warning notice 6.02.040 Fines and limits; appeal 6.02.050 Other penalties and violations § 6.02.010 FINDINGS. The Mayor and CommonCity Council do find, determine and declare that the city has become so closely built up with buildings occupied by human beings for business and dwelling purposes, and has become so thickly populated that the keeping therein of noisy animals has become injurious to health, offensive to the senses and an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life and property by the entire community and neighborhood, and by a considerable number of persons therein. § 6.02.020 DECLARATION OF A NOISY ANIMAL AS A PUBLIC NUISANCE. (A) It is unlawful for any person owning, keeping, harboring or having in his or her care or custody any dog or other animal to cause or permit to be made or caused by such dog or other animal, barking or making of any noises or other sounds, so as to annoy and become offensive to resident(s) in the vicinity in which the dog or other animal is kept thereby disturbing the peace of the neighborhood or causing excessive discomfort to any reasonable person(s) of normal sensitivity residing in the area, unless such noise or sound is made by an official police dog or fire dog while on duty. (B) If, in violation of the provisions of division (A) above, any dog or other animal persistently emits any noise or sound in such a manner as to annoy and become offensive to resident(s) in the vicinity in which the dog or other animal is kept, the Animal Control Division may notify the owner of the dog or other animal by issuing a written warning notice advising the owner of a possible public nuisance. If, within a period of seven days after the issuance of such notice, the person owning, keeping, harboring or having in his or her care or custody said dog or other animal has not abated the nuisance, such person shall be liable to enforcement of the provisions of this title. (C) It is unlawful for any person, after being informed in writing pursuant to the provisions of division (B) above that his or her dog or other animal may be declared a public nuisance, to fail, refuse or neglect to take whatever steps or use whatever means are necessary to assure that such dog or other animal does not again disturb residents in the vicinity in which the dog or other animal is kept. § 6.02.030 NOISY ANIMAL WARNING NOTICE. When the City Animal Control Division is notified or alerted of a possible noisy dog or other animal, the Animal Control Division may issue a noisy animal warning notice. Such notice shall specify that the dog or other animal is in possible violation of this municipal code and that the noisy dog or animal nuisance must be abated to avoid further city action. § 6.02.040 FINES AND LIMITS; APPEAL. Any person who neglects or refuses to abate the condition within the time specified in the noisy animal warning notice, or fails to request a hearing before the 11 Packet Page 604 San Bernardino - Animals12 hearing officer pursuant to the procedure established in § 6.14.080, is guilty of an infraction punishable under § 1.12.010. Any person aggrieved by the decision of the hearing officer may bring an appeal to the Animal Control Commission by filing an appeal pursuant to the procedure established in § 6.14.100 herein. The Animal Control Commission’s decision shall be made in accordance with, and shall be subject to, all of the provisions of § 6.14.110 herein. § 6.02.050 OTHER PENALTIES AND VIOLATIONS. Nothing in the foregoing section shall be deemed to prevent the City Attorney from commencing a civil or criminal proceeding to abate a public nuisance under other applicable law. Packet Page 605 CHAPTER 6.03: KEEPING OF NON-EQUINE LIVESTOCK Section 6.03.010 Findings 6.03.020 Bovine, ratite, caprine or ovine animals - not authorized on property less than one acre 6.03.025 Bovine, ratite, caprine or ovine animals - on property greater than one acre 6.03.030 Hogs, sow, gilt or boar 6.03.040 Rabbits and guinea pigs § 6.03.010 FINDINGS. The Mayor and CommonCity Council do find, determine and declare that the city has become so closely built up with buildings occupied by human beings for business and dwelling purposes, and has become so thickly populated that the keeping therein of livestock, wild, exotic, dangerous or non-domestic animals and domestic fowl has become injurious to health, indecent, offensive to the senses and an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life and property by the entire community and neighborhood, and by a considerable number of persons therein. (Ord. 821, passed 8-9-1921; Ord. 1003, passed 11-14-1923) § 6.03.020 BOVINE, RATITE, CAPRINE OR OVINE ANIMALS - NOT AUTHORIZED ON PROPERTY LESS THAN ONE ACRE. It is unlawful for any person, firm or corporation to stable, pasture or keep, or cause to be stabled, pastured or kept, any bovine (e.g., cow, steer), ratite (e.g., ostrich, emu), caprine (e.g., goat) or ovine (e.g., sheep) animal or like animal at a place which has an area of less than one acre (43,560 square feet). (Ord. 821, passed 8-9-1921; Ord. 3465, passed 12-17-1974; Ord. MC-1214, passed 2-22-2006) § 6.03.025 BOVINE, RATITE, CAPRINE OR OVINE ANIMALS - ON PROPERTY GREATER THAN ONE ACRE. It is unlawful for any person, firm or corporation to stable, pasture or keep, or cause to be kept, more than four of any combination of ratite, bovine, caprine or ovine at any place in the city; provided that a person, firm or corporation having contiguous land of more than five acres may keep one additional bovine, caprine or ovine for each acre in excess of such five acres, but not to exceed 18 animals at any lot. Said animal(s) shall not be kept within 150 feet of a building or structure used or intended for human occupancy and said animal(s) shall not be kept within 50 feet of any neighboring property line or street line. (Ord. MC-1214, passed 2-22-2006) § 6.03.030 HOGS, SOW, GILT OR BOAR. It is unlawful for any person, firm or corporation to keep or cause to be kept any hog, sow, gilt or boar at any place in the city. (Ord. 821, passed 8-9-1921; Ord. 3465, passed 12-17-1974; Ord. MC-418, passed 10-16-1984; Ord. MC-462, passed 5-21-1985) § 6.03.040 RABBITS AND GUINEA PIGS. (A) It is unlawful for any person, firm or corporation to keep or cause to be kept more than 12 rabbits or guinea pigs, or any combination of each totaling 12, within 150 feet of any building or structure used or intended for human occupancy. 13 Packet Page 606 San Bernardino - Animals14 (B) It is unlawful for any person, firm or corporation to keep or cause to be kept more than four rabbits or guinea pigs within 50 feet of any building or structure used or intended for human occupancy. (Ord. 821, passed 8-9-1921; Ord. 3465, passed 12-17-1974) Packet Page 607 CHAPTER 6.04: HORSES Section 6.04.010 Definition 6.04.020 Equine stables - distance from human occupancies 6.04.030 Number of equine permitted in stable within city 6.04.040 Number of equine permitted on area between 20,000 square feet and one acre 6.04.050 Stabling equine on property less than 20,000 square feet in size 6.04.060 Stabling of uncastrated equines 6.04.070 Removal of manure 6.04.080 Registration of horses § 6.04.010 DEFINITION. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. EQUINE. Any horse-like animal, including mules and burros. (Ord. 821, passed 8-9-1921; Ord. 3465, passed 12-17-1974) § 6.04.020 EQUINE STABLES - DISTANCE FROM HUMAN OCCUPANCIES. It is unlawful for any person, firm or corporation to stable, pasture or keep, or cause to be stabled, pastured or kept, within 100 feet of a building or structure used or intended for human occupancy any equine. (Ord. 821, passed 8-9-1921; Ord. 3465, passed 12-17-1974; Ord. MC-1264, passed 2-19-2008) § 6.04.030 NUMBER OF EQUINE PERMITTED IN STABLE WITHIN CITY. It is unlawful for any person, firm or corporation to stable, pasture or keep, or cause to be stabled, pastured or kept, more than five equines at any place in the city, except at approved riding stables or academies; provided that a person, firm or corporation having contiguous land of more than five acres may keep one additional equine for each acre in excess of such five acres, but not to exceed 18 equines at any one place. (Ord. 821, passed 8-9-1921; Ord. 3465, passed 12-17-1974; Ord. 3582, passed 6-21-1976) § 6.04.040 NUMBER OF EQUINE PERMITTED ON AREA BETWEEN 20,000 SQUARE FEET AND ONE ACRE. It is unlawful for any person, firm or corporation to stable, pasture or keep, or cause to be stabled, pastured or kept, more than three equines at a place that has an area less than between 20,000 square feet and one acre. (Ord. 821, passed 8-9-1921; Ord. 3465, passed 12-17-1974) 15 Packet Page 608 San Bernardino - Animals16 § 6.04.050 STABLING EQUINE ON PROPERTY LESS THAN 20,000 SQUARE FEET IN SIZE. It is unlawful for any person, firm or corporation to stable, pasture or keep, or cause to be stabled, pastured or kept, any equine at a place which has an area of less than 20,000 square feet or within ten feet of any adjoining property not used for grazing, pasturing or stabling, or in any required front yard area or in a side yard area of a corner lot. (Ord. 821, passed 8-9-1921; Ord. 3465, passed 12-17-1974) § 6.04.060 STABLING OF UNCASTRATED EQUINES. It is unlawful for any person, firm or corporation to stable, pasture or keep, or cause to be stabled, pastured or kept, within 50 feet of any property line any uncastrated equine. Any uncastrated equine so kept shall be confined by an enclosure with a minimum height of six feet that is constructed in such a manner as to prevent the animal’s escape. § 6.04.070 REMOVAL OF MANURE. Manure shall be removed from said place or premises every three days or shall be spread at a place which has an area of 20,000 square feet or more in a sanitary manner approved by the County Director of the Department of Public Health (hereinafter referred to as “health officer”), his or her designated deputy or any city employee designated by the Mayor and approved by the health officer, or shall be maintained in an approved moisture and fly-proof manner. It shall not be kept within 50 feet of any adjoining property line. (Ord. 821, passed 8-9-1921; Ord. 3465, passed 12-17-1974) § 6.04.080 REGISTRATION OF HORSES. Each person, firm or corporation who stables, pastures or keeps or causes or permits the stabling, pasturing or keeping of any equine in the city shall register in the Division of Animal Control, and shall provide data concerning the number of equines, the location of such equines and such other relevant information as said Division may require. (Ord. 821, passed 8-9-1921; Ord. 3465, passed 12-17-1974) Packet Page 609 CHAPTER 6.05: FOWL Section 6.05.010 Definition 6.05.020 Domestic fowl not permitted within 50 feet of human dwelling 6.05.030 Domestic fowl permitted if kept more than 50 feet away from human dwelling 6.05.040 Roosters and peacocks not permitted within 200 feet of human dwelling 6.05.050 Reserved 6.05.060 Domestic fowl at large § 6.05.010 DEFINITION. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. DOMESTIC FOWL. Any birds of the order Galliformes. This shall include chickens, ducks, geese, turkey, pheasants and similar domesticated birds or fowl. § 6.05.020 DOMESTIC FOWL NOT PERMITTED WITHIN FIFTY FEET OF HUMAN DWELLING. It is unlawful for any person, firm or corporation to keep, or cause to be kept, or allow to roam any domestic fowl within 50 feet of any building or structure used or intended for human occupancy. (Ord. 821, passed 8-9-1921; Ord. 3465, passed 12-17-1974; Ord. MC-217, passed 11-2-1982; Ord. MC-1214, passed 2-22-2006) § 6.05.030 DOMESTIC FOWL PERMITTED IF KEPT MORE THAN 50 FEET AWAY FROM HUMAN DWELLING. It is unlawful for any person, firm or corporation to keep, or cause to be kept, or allowed to roam, more than two domestic fowls between 50 and 100 feet of any building or structure used or intended for human occupancy. The maximum number of domestic fowl on any lot is 24 fowl. (Ord. 821, passed 8-9-1921; Ord. 3465, passed 12-17-1974; Ord. MC-217, passed 11-2-1982; Ord. MC-1214, passed 2-22-2006) § 6.05.040 ROOSTERS AND PEACOCKS NOT PERMITTED WITHIN 200 FEET OF HUMAN DWELLING. It is unlawful for any person, firm or corporation to keep any rooster or peacock within 200 feet of any building or structure used or intended for human occupancy. No more than one peacock or rooster is permitted per lot. (Ord. 821, passed 8-9-1921; Ord. 3465, passed 12-17-1974; Ord. MC-1214, passed 2-22-2006) 17 Packet Page 610 San Bernardino - Animals18 § 6.05.050 RESERVED. [Reserved] (Repealed by Ord. MC-1214, passed 2-22-2006) § 6.05.060 DOMESTIC FOWL AT LARGE. It is unlawful for any person, firm or corporation having custody or control of any domestic bird or fowl to permit such bird or fowl to be present upon any public street, sidewalk, school ground, public park, playground or any public place, or any unenclosed private property not owned or lawfully possessed by such person, or upon any private property without the consent of the owner or lawful possessor thereof. Packet Page 611 CHAPTER 6.06: PIGEONS Section 6.06.010 Definitions 6.06.020 Conditions 6.06.030 Permit § 6.06.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. FANCY PIGEON. A pigeon which, through selective past breeding, has developed certain distinctive physical and performing characteristics as to be clearly identified and accepted as such by the National Pigeon Association, the American Pigeon Club or the Rare Breeds Pigeon Club. Examples include, but are not limited to, fantails, pouters and trumpeters. LOFT. The structure(s) for the keeping or housing of pigeons permitted by this chapter. MATURE PIGEON. A pigeon aged six months or older. OWNER. The owner of pigeons subject to this chapter. PIGEON. A member of the family Columbidae, and shall include “racing pigeons,” “fancy pigeons” and “sporting pigeons.” RACING PIGEON. A pigeon which, through selective past breeding, has developed the distinctive physical and mental characteristics as to enable it to return to its home after having been released a considerable distance therefrom, and which is accepted as such by the American Racing Pigeon Union, Inc. or the International Federation of Racing Pigeon Fanciers. This type of pigeon may also be commonly known as RACING HOMER, HOMING PIGEON or CARRIER PIGEON. SPORTING PIGEON. A pigeon which, through selective past breeding, has developed the ability to fly in a distinctive manner, such as aerial acrobatics or endurance flying. Examples include, but are not limited to, rollers and tipplers. § 6.06.020 CONDITIONS. The keeping, breeding, maintenance and flying of pigeons shall be permitted on the following conditions. (A) The loft shall be of such sufficient size and design, and constructed of such material, that it can be maintained in a clean and sanitary condition. (B) There shall be at least one square foot of floor space for each mature pigeon kept in any loft. (C) The construction and location of the loft shall not conflict with the requirements of any building code or zoning code of the city. (D) All feed for said pigeons shall be stored in such containers as to protect against intrusion by rodents and other pests. (E) The loft shall be maintained in a sanitary condition and in compliance with all applicable health regulations of the city. (F) All pigeons shall be confined to the loft, except for limited periods necessary for exercise, training and competition; and at no time shall pigeons be allowed to perch or linger on the buildings or property of others. 19 Packet Page 612 San Bernardino - Animals20 (G) All pigeons shall be fed within the confines of the loft. (H) No one shall release pigeons to fly for exercise, training or competition except in compliance with the following rules. (1) The owner of the pigeons must be a member in good standing of an organized pigeon club, such as the American Racing Pigeon Union, Inc.; the International Federation of Racing Pigeon Fanciers; the National Pigeon Association; the American Tippler Society; the International Roller Association; the Rare Breeds Pigeon Club; or a local club which has rules that will help preserve the peace and tranquility of the neighborhood. (2) Pigeons which have been fed within the previous four hours will not be released for flying. (I) Pigeons shall be banded and registered with one of the national pigeon associations/registries. § 6.06.030 PERMIT. On application signed by the owner, on such a form as shall be provided by the city, wherein the owner shall certify that his or her loft(s) comply with applicable building and zoning codes, and upon payment of a fee as set by the Mayor and CommonCity Council, a permit shall be issued to the owner, which shall remain in full force and effect unless suspended or revoked, or unless the use of the loft is discontinued for a period of one year. A condition of the permit shall be that the animal control officer shall be granted permission to inspect any property or loft at any reasonable time for the purpose of investigating either an actual or suspected violation or to ascertain compliance or non-compliance with this chapter. The animal control officer may report violators to any local or nationally recognized pigeon club for the purposes of educating and assisting any owner who is in violation of this chapter. Packet Page 613 CHAPTER 6.07: WILD, EXOTIC, DANGEROUS OR NON-DOMESTIC ANIMALS IN CAPTIVITY Section 6.07.010 Definition 6.07.020 Animals prohibited 6.07.030 Reserved 6.07.040 Reserved 6.07.050 Reserved 6.07.060 Reserved 6.07.070 Reserved 6.07.080 Reserved § 6.07.010 DEFINITION. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. WILD , EXOTIC , DANGEROUS or NON-DOMESTIC ANIMALS. Any animals not specifically addressed within this title. § 6.07.020 ANIMALS PROHIBITED. No person shall have, keep, maintain, breed, sell or trade any dangerous or poisonous animal within the city limits. No person shall have, keep, maintain, breed, sell or trade any wild, exotic or non-domestic animal that is prohibited by applicable state and/or federal law within the city limits. (Ord. MC-1214, passed 2-22-2006) § 6.07.030 RESERVED. [Reserved] (Repealed by Ord. MC-1214, passed 2-22-2006) § 6.07.040 RESERVED. [Reserved] (Repealed by Ord. MC-1214, passed 2-22-2006) § 6.07.050 RESERVED. [Reserved] (Repealed by Ord. MC-1214, passed 2-22-2006) § 6.07.060 RESERVED. [Reserved] (Repealed by Ord. MC-1214, passed 2-22-2006) § 6.07.070 RESERVED. [Reserved] (Repealed by Ord. MC-1214, passed 2-22-2006) § 6.07.080 RESERVED. [Reserved] (Repealed by Ord. MC-1214, passed 2-22-2006) 21 Packet Page 614 San Bernardino - Animals22 Packet Page 615 CHAPTER 6.08: DOGS Section 6.08.010 Findings 6.08.020 Number of dogs permitted 6.08.030 License required 6.08.040 License and tag required - fees 6.08.050 License - application 6.08.060 License - issuance 6.08.070 Reserved 6.08.080 Applicability of chapter 6.08.090 Ban on the sale of research animals 6.08.100 Rabies vaccination required - certificates 6.08.110 Vaccination requirement 6.08.120 Exemption from rabies vaccination during illness 6.08.130 Running at large - impoundment 6.08.140 Running at large 6.08.145 Methods of restraint - improper restraint 6.08.150 Vaccination of other animals 6.08.160 Reporting of animal bites 6.08.170 Confinement or destruction of dogs and cats suspected of having rabies 6.08.180 Confinement or destruction of dogs and cats which have bitten a person 6.08.190 Confinement or destruction of other animals 6.08.200 Concealment or withholding of animals 6.08.210 Animals and vehicles 6.08.220 Animal bite § 6.08.010 FINDINGS. The Mayor and CommonCity Council find that local governments are required to adopt policies for the protection of the public against rabies pursuant to the state rabies control program and Cal. Health and Safety Code, § 121690. In order to maintain compliance with relevant state and county requirements, the following chapter is enacted. § 6.08.020 NUMBER OF DOGS PERMITTED. It is unlawful for any person, firm or corporation to own, harbor or keep on or at any lot, premises or place more than three dogs which are four or more months of age, except as may be permitted by the provisions of Title 19. (Ord. 821, passed 8-9-1921; Ord. 2926, passed 7-30-1968; Ord. 3613, passed 12-20-1976; Ord. MC-460, passed 5-15-1985) § 6.08.030 LICENSE REQUIRED. It is unlawful for any person, firm or corporation to own or harbor any dog within the city, except as provided in this chapter, without securing a license therefor, and maintaining a tag thereon, as specified in this chapter. (Ord. MC-639, passed 9-22-1988) § 6.08.040 LICENSE AND TAG REQUIRED - FEES. (A) Each person, firm or corporation owning, harboring or having custody or control of a dog of the age of four months or more within the city shall obtain at least annually a license and tag for the dog. License 23 Packet Page 616 San Bernardino - Animals24 and tag fees are payable in advance. If the appropriate fee is not paid when due, a delinquency penalty shall be added to the fee. A fee shall be charged for any additional tag issued to replace a lost, stolen, misplaced or damaged tag and shall be charged for the transfer of ownership of a licensed dog to a new owner in lieu of a fee for a new license for the remainder of the licensing period in which the transfer occurs. If a dog has a current license from another licensing jurisdiction and has a current rabies vaccination, said license shall be recognized by the city upon a payment of a transfer fee. (B) If any person, firm or corporation acquires the ownership, custody or control of a dog, the new owner shall obtain the license required by this title within 30 days after acquiring the ownership, custody or control of such dog, if the dog is then of the age of four months or more, or within 30 days after such dog attains the age of four months. The license shall expire the same month as the month the rabies vaccination expires. The first license fee for a dog may be prorated to expire at the same time as the rabies vaccination expires. (C) Monies received during the current year for a license shall be first applied to the payment of delinquent fees, sums and penalties due during the preceding year(s), and any balance remaining thereafter shall be applied to the payment of the current license fees and penalties. A license issued during any prior year to the same owner for license shall be prima facie evidence in any court or administrative proceeding that the dog was continuously owned by the same owner from the prior year to the current year. (Ord. 821, passed 8-9-1921; Ord. 3577, passed 6-7-1976; Ord. 3937, passed 5-12-1980; Ord. MC-50, passed 5-7-1981; Ord. MC-363, passed 4-17-1984; Ord. MC-528, passed 7-9-1986; Ord. MC-639, passed 9-22-1988; Ord. MC-1214, passed 2-22-2006) § 6.08.050 LICENSE - APPLICATION. No license to own or harbor a dog, as provided in this chapter, shall be issued except upon an application to authorized employees of the city setting forth the name and address of the owner or possessor of the dog, a brief description of the dog and proof of the vaccination of the dog to prevent rabies. (Ord. 821, passed 8-9-1921; Ord. 3452, passed 10-30-1974) § 6.08.060 LICENSE - ISSUANCE. Authorized employees of the city, upon the receipt of such application and the license fee aforesaid, shall issue and deliver to such owner or possessor a license certifying the payment of the license fee, and setting forth the name and address of the applicant and a brief description of the dog, and the number allotted to such dog, and, upon receipt of the requisite fees, shall deliver to the applicant a tag which shall set forth the date of the license, and the number allotted to such dog, which tag shall at all times be affixed to the collar, harness or other article worn by such dog; provided, however, that no license for a dog shall be issued unless the owner shall have paid the license fee required therefor and shall have exhibited to authorized employees of the city a certificate of the vaccination of the dog to prevent rabies, signed by a duly licensed veterinarian. (Ord. 821, passed 8-9-1921; Ord. 1482, passed 10-20-1931; Ord. 3307, passed 11-9-1972) § 6.08.070 RESERVED. [Reserved] (Repealed by Ord. MC-1214, passed 2-22-2006) § 6.08.080 APPLICABILITY OF CHAPTER. This chapter shall not be applicable to dogs under the age of four months, and which are kept within enclosures and are not permitted to run at large. (Ord. 821, passed 8-9-1921; Ord. 2561, passed 3-3-1964) § 6.08.090 BAN ON THE SALE OF RESEARCH ANIMALS. The city shall not sell, for research purposes, any animal to any person or organization. Packet Page 617 Dogs 25 (Ord. 821, passed 8-9-1921; Ord. 3185, passed 7-13-1971; Ord. 3803, passed 2-8-1979; Ord. 3827, passed 5-22-1979; Ord. 3965, passed 9-10-1980; Ord. MC-50, passed 5-7-1981; Ord. MC-88, passed 8-4-1981; Ord. MC-145, passed 3-16-1982; Ord. MC-266, passed 4-21-1983) § 6.08.100 RABIES VACCINATION REQUIRED - CERTIFICATES. (A) Every person, firm or corporation who owns, harbors, keeps or possesses, or has in his or her care, charge, custody or control, any dog over four months of age shall cause such dog to be vaccinated against rabies by or under the direction of any duly licensed veterinarian, with a rabies vaccine approved by the State Department of Health Services for use in dogs. Such vaccinations shall be repeated at intervals specified by the State Department of Health Services in order to maintain adequate immunity. Compliance with the rabies vaccination provisions shall be a condition to the issuance or renewal of a dog license. (B) Each duly licensed veterinarian who vaccinates or causes or directs to be vaccinated any animal with a rabies vaccine shall complete and sign a rabies certificate in triplicate. The veterinarian shall keep one copy and shall give one copy to the owner or keeper of the vaccinated animal. The veterinarian shall submit to animal control a legible copy of each certificate within five days of the beginning of each month, for any animal so vaccinated during the previous month. (Ord. 821, passed 8-9-1921; Ord. 2561, passed 3-3-1964; Ord. MC-639, passed 9-22-1988; Ord. MC-833, passed 5-19-1992) § 6.08.110 VACCINATION REQUIREMENT. It is unlawful for any person, firm or corporation to own or harbor any dog that has not been vaccinated as required by, and in the manner set forth in, § 6.08.100. (Ord. 821, passed 8-9-1921; Ord. 2171, passed 5-13-1957; Ord. 3465, passed 12-17-1974; Ord. MC-460, passed 5-15-1985; Ord. MC-639, passed 9-22-1988) § 6.08.120 EXEMPTION FROM RABIES VACCINATION DURING ILLNESS. Notwithstanding any other provisions of this chapter, a dog need not be vaccinated for rabies during an illness if a licensed veterinarian has examined the dog and certified in writing that such vaccination should be postponed because of a specified illness or condition. Old age, debility and pregnancy are not considered contraindications to rabies vaccination. Exemption certificates are subject to approval of the Animal Control Division and shall be valid only for the duration of the illness. Exemption from vaccination does not exempt the dog from the licensing requirement. (Ord. MC-833, passed 5-19-1992) § 6.08.130 RUNNING AT LARGE - IMPOUNDMENT. The animal control officer, or authorized city employee, shall impound, for a period of time as prescribed by state law, any dog found running at large or unrestrained in the city. If any person does not provide proof of the owner’s identity or satisfactory proof of ownership and claim the dog and pay any sums due, including outstanding fines or fees for violations of this title, license fees or fees set by the Mayor and CommonCity Council, prior to the expiration of the period prescribed by state law, the dog shall become the property of the city and may be disposed of by authorized employees of the city. (Ord. 821, passed 8-9-1921; Ord. 3452, passed 10-30-1974; Ord. MC-50, passed 5-7-1981; Ord. MC-528, passed 7-9-1986; Ord. MC-625, passed 5-4-1988) § 6.08.140 RUNNING AT LARGE. (A) Persons owning, having control or custody of any dog or other animal shall, at all times, keep the animal on a leash (except in an authorized off-leash dog park) or secured by the other suitable means of restraint or confined by a fence on their property or the private property of another, with the permission of the owner of that property, so as to prevent the animal Packet Page 618 San Bernardino - Animals26 from being at large, biting or harassing any person engaged in a lawful act, interfering with the use of public property or with the use of another person’s private property or being in violation of any other section of this title. (B) The provisions of division (A) above shall not apply to the following: (1) Any dog used by a law enforcement agency; (2) Any dog while participating in a formal dog obedience training program or any dog participating in a dog show or other program expressly permitted or sponsored by the city; and (3) Any dog within a posted off-leash area in any city park, as established by resolution of the Mayor and CommonCity Council; provided, however, that nothing herein shall relieve the owner or person having charge, custody, care and/or control of such dog from the responsibility to maintain proper control over the dog nor shall this division (B)(3) be construed as relieving such person from any liability for any damages arising out of his or her use of an off-leash area. (C) In order to be subject to the exemption set forth in division (B)(3) above, all persons must comply with all requirements of law and the following rules and regulations when utilizing any off-leash area. (1) No dog is permitted in an off-leash area except when in the care, custody and control of a person at least 13 years old. Any person under 13 years of age must be accompanied by, and be under the direct supervision of, an adult. No person may have more than two dogs in an off-leash area at any one time. No dogs are permitted in the off-leash area except during posted hours of operation. (2) All dogs must be at least four months of age, vaccinated for rabies and currently licensed by the City Animal Control Division. No dog that is sick, in heat, injured or less than four months of age, or which displays aggressive behavior towards other dogs or humans is permitted in any off-leash area. (3) Any person having care, custody or control of a dog in an off-leash area shall quiet or remove the dog if it barks and shall promptly remove and properly dispose of any waste deposited by such dog. (4) No animals other than dogs are permitted in any off-leash area. (5) The designated hours of use for the off-leash area shall coincide with the regular hours of the park as designated by § 12.68.020. (6) As a condition of admission to an off-leash area, the owner or person in custody of the dog shall carry a suitable container or instrument for the removal and disposal of dog feces. (7) Any person having care, custody or control of a dog in the off-leash area must have, in his or her possession, a leash for such dog which shall be worn by the dog at all times the dog is not in the off-leash area. (8) All persons will otherwise comply with all rules governing city parks and all relevant parking regulations. (9) The use of an off-leash area by any dog shall constitute consent of the dog’s owner, or any person having the care, custody or control of the dog, to strictly follow the rules in § 6.08.140 and shall constitute a waiver of liability to the city, its elected officials, officers and employees; an assumption of all risks; and an agreement and undertaking to protect, indemnify, defend and hold harmless the city, its elected officials, officers and employees, for any injury or damage to persons or property during any time that the dog is in the off-leash area. (D) Any person violating any provisions of this section, including, but not limited to, violation of any rules applicable to use of off-leash areas, shall be guilty of an infraction, punishable as set forth in Chapter 1.12. (E) The violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of Packet Page 619 Dogs 27 restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. (Ord. MC-1214, passed 2-22-2006) § 6.08.145 METHODS OF RESTRAINT - IMPROPER RESTRAINT. (A) Any person walking a dog on a leash on public property, including sidewalks, and the private property of others, must keep the dog on a leash and under physical control being able to restrain the movement of the dog with the leash at all times. The leash must be kept in good condition, of sufficient strength to prevent breaking under pressure and of material generally resistant to chewing or gnawing by an animal. The leash must be of a length to control the dog from harassing pedestrians or other animals at all times. (B) (1) Fencing must be adequate in terms of size to the number of dog(s) contained in the fenced area to prevent the dog(s) from escaping, of recognized construction methods and in compliance with all other sections of the municipal code. Gates must be properly secured by a latching or locking mechanism and the height and condition of the fence must be able to prevent the dog(s) from escaping. (2) A fence should be at least two and one-half times the height of the dog’s shoulder when the dog is standing on four legs and be in compliance with all other sections of the municipal code. However, should a dog be able to escape from a fenced yard, either by climbing, jumping or digging, additional fencing height, kennels or other restraint methods may be required in addition to fencing. Fencing must be maintained in continued good condition. Existing fencing regardless of height will be considered an acceptable means of restraint unless and until a written complaint is filed with the Division of Animal Control and evaluated, or if fencing allows dogs to reach over and harass people on adjacent private property or people on the public right-of-way. (C) Invisible fencing may be used as an alternative to traditional fencing as long as the system is installed by an authorized dealer of such products and set up and maintained in the following manner: (1) The owner and handler of the dog receive training regarding the use and maintenance of said system; (2) The owner or handler must post signs visible from the public streets or driveways sufficient to alert the general public upon approaching the property where the fencing is located; and (3) Two signs are required stating that the “Dog is confined by electronic device;” the name, address and telephone number of the company; any trademark and/or logo of either the company that installed the system or the company that maintains the system. Signs shall be at least six inches by eight inches and be displayed in a prominent and visible location. (D) Dog kennels must be tall enough to prevent the dog(s) from jumping over, or have a secure top, and must be able to prevent dog(s) from digging out. Kennels must have a minimum of 100 square feet for one dog, plus an additional 25 square feet for each additional dog in the same enclosure. (E) Cable runs are authorized as an alternative to fencing or kennel runs. Cable runs must allow the animal freedom of motion to move about at will within a protected area on the property without becoming tangled in obstacles. The cable runs shall be located in the yard area so as to prevent the dog from traversing upon another person’s property, public sidewalks or public property, and from charging and harassing persons and pedestrians utilizing these properties. Cables must be sized according to the manufacturer’s specifications for the weight of the animal. (F) Tie-outs must be of sufficient length to allow the animal freedom of movement without becoming tangled, but never less than eight feet in length, excluding the length of the collar. Tie-outs must be made of a non-rigid material. Tie-outs shall not be the primary means of restraint and no animal shall be kept in this manner for more than three hours a day. Packet Page 620 San Bernardino - Animals28 (G) It is unlawful to use a weighted chain collar as a method of restraint. (H) No person shall use a dog as a weapon or to threaten or harass other person(s) or animal(s), or keep a dog in such a manner wherein the dog charges a fence, leaps up and reaches across the fence in an assaultive manner to a pedestrian on public property or a neighbor legally on private property. (I) If a dog is found running at large by the city animal control, the incident shall constitute prima facie evidence that current restraint methods are inadequate, and the owner shall be required to correct any conditions that permitted the dog to run at large, and provide such additional restraints as are necessary to secure and maintain the future restraint of the dog. (Ord. MC-1214, passed 2-22-2006; Ord. MC-1264, passed 2-19-2008) § 6.08.150 VACCINATION OF OTHER ANIMALS. (A) The same vaccination procedure and exemption shall apply to other animals if the Director of Animal Control or designated officer shall deem this prudent to ensure the safety of the public based on the recommendations of the State Department of Health Services. (B) Animals shall be vaccinated against rabies with a vaccine currently licensed for use in such animal(s) in the United States and approved for use in such animal by the State Department of Health Services. (Ord. MC-833, passed 5-19-1992) § 6.08.160 REPORTING OF ANIMAL BITES. (A) Any person having knowledge of an animal bite to a human being shall report such bite to the Animal Control Division immediately. (B) An owner or custodian of any dog or cat which is known to have been bitten by or having contact with a rabid animal or by an animal suspected of having rabies shall immediately notify the Animal Control Division. (Ord. MC-833, passed 5-19-1992) § 6.08.170 CONFINEMENT OR DESTRUCTION OF DOGS AND CATS SUSPECTED OF HAVING RABIES. (A) Any dog or cat found within the city reasonably suspected of having rabies, having contact with a rabid or suspected rabid animal or exhibiting the common symptoms of such disease shall be taken into custody immediately by the animal control officer and confined in the city animal shelter or at a private veterinarian establishment approved by the Director. The animal shall be kept in solitary confinement for such time as recommended by the State Department of Health Services to determine whether the animal is afflicted with rabies. (B) At the time any such animal is impounded, an attempt shall be made to discover whether the animal has been vaccinated previously against rabies. If it is found that such animal has not been vaccinated effectively, then such animal shall be vaccinated by a licensed veterinarian after the last day of the observation period described in division (A) above, unless the animal is humanely destroyed pursuant to division (C) below. (C) The animal control officer may cause to be humanely destroyed any dog or cat which, in the opinion of a veterinarian or animal health technician, has rabies, or is in need of confinement pursuant to division (A) above, but such confinement is impossible or impractical. In such circumstance, the animal control officer shall arrange to have the head of such dog or cat examined for the purpose of confirming rabies. If the opinion of a veterinarian or animal health Packet Page 621 Dogs 29 technician is not reasonably obtainable, the officer may act on his or her own opinion. (D) All expenses incurred with the enforcement of the provisions of this section shall be borne by the owner or custodian of the dog or cat. (Ord. MC-833, passed 5-19-1992) § 6.08.180 CONFINEMENT OR DESTRUCTION OF DOGS AND CATS WHICH HAVE BITTEN A PERSON. (A) Every dog or cat which has bitten a person, or is suspected of having bitten a person, shall be quarantined away from other animals for a period of ten days from the date of the bite, or other period of time as determined by the State Department of Health Services. The animal control officer may order the animal quarantined at the shelter, at a private veterinarian clinic or at the home of the owner, depending on the conditions of the bite, the severity of the bite, previous bite history, the owner’s ability to satisfy quarantine orders and whether or not local ordinances were in observance at the time of the bite. (B) If the animal does not have a current rabies vaccination, it shall not be vaccinated until the end of the quarantine period. (C) The animal control officer may cause to be humanely destroyed any dog or cat when, in the opinion of a veterinarian or animal health technician, such confinement as described in division (A) above is impossible or impractical. In such cases, the animal control officer shall arrange to have the head of such dog or cat examined for rabies. If the opinion of a veterinarian or animal health technician is not reasonably obtainable, the officer may act on his or her own opinion. (D) All expenses incurred with the enforcement of the provisions of this section shall be borne by the owner or custodian of the dog or cat. (Ord. MC-833, passed 5-19-1992) § 6.08.190 CONFINEMENT OR DESTRUCTION OF OTHER ANIMALS. Any animal, other than a dog or cat, which has bitten a person, has had contact with a rabid or suspected rabid animal, is reasonably suspected of having rabies or exhibiting the common symptoms of rabies shall be confined for quarantine purposes or destroyed in accordance with the recommendations of the State Department of Health Services or the local health officer. (Ord. MC-833, passed 5-19-1992) § 6.08.200 CONCEALMENT OR WITHHOLDING OF ANIMALS. It is unlawful to conceal, withhold or refuse to surrender any animal that is suspected of being rabid, has been bitten by a rabid or suspected rabid animal or that has bitten a person to prevent it from being confined or destroyed in accordance with this chapter. (Ord. MC-833, passed 5-19-1992) § 6.08.210 ANIMALS AND VEHICLES. (A) No person shall transport or carry, on any public highway or public roadway, any dog(s) or other animal(s) in a motor vehicle, unless the animal is safely enclosed within the vehicle or protected by a cap or container, cage or other device that is adequately ventilated and that will prevent the dog(s) or other animal(s) from falling from, being thrown from or jumping from the motor vehicle. (B) No person shall leave a dog or any other animal in an unattended vehicle without adequate ventilation, or in such a manner as to subject the animal to extreme temperatures which adversely affect the animal’s health or welfare. Packet Page 622 San Bernardino - Animals30 § 6.08.220 ANIMAL BITE. No person shall fail to control or restrain an animal thereby allowing it to bite a person or domestic animal on public property or lawfully on private property. A BITE is defined as a puncture wound that breaks the skin. (Ord. MC-1214, passed 2-22-2006; Ord. MC-1264, passed 2-19-2008) Packet Page 623 CHAPTER 6.09: VICIOUS AND POTENTIALLY DANGEROUS DOGS Section 6.09.010 Findings 6.09.020 Definitions 6.09.030 Hearing on declaration of dog as potentially dangerous or vicious 6.09.040 Determination and orders; notice; compliance 6.09.050 hearing officer’s decision final - notice 6.09.060 Seizure and impoundment pending hearing 6.09.070 Circumstances under which dogs may not be declared potentially dangerous or vicious 6.09.080 Potentially dangerous designation maintained in registration records 6.09.090 Muzzling and vaccination 6.09.100 Keeping and controlling potentially dangerous dogs 6.09.110 Death, sale, transfer or permanent removal; notice 6.09.120 Posting property 6.09.130 Removal from list of potentially dangerous dogs 6.09.140 Keeping and controlling vicious dogs 6.09.150 Destruction; non-destruction, conditions; enclosures 6.09.160 Prohibition of owning, possessing, controlling or having custody 6.09.170 Fines and limits 6.09.180 Severability § 6.09.010 FINDINGS. The Mayor and City Council find that dogs that threaten or injure residents of the city constitute a public safety threat and shall be controlled by the provisions of this chapter. (Ord. MC-1470, passed 3-7-2018) § 6.09.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. POTENTIALLY DANGEROUS DOG. Any of the following: (1) Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog; (2) Any dog which, when unprovoked, bites a person causing a less severe injury than as defined by “vicious dog” below; (3) Any dog which, when unprovoked, attacks and inflicts a severe injury on another domestic animal when off the property of the owner or keeper of the dog or any dog when unprovoked, on two separate occasions in a 36-month period, has bitten or injured a domestic animal when off the property of the owner or keeper; and/or (4) Any dog off the property of the owner or keeper of the dog, when unprovoked, has killed a domestic animal. SEVERE INJURY. Any physical injury to a human being that results in muscle tears or lacerations or requires multiple sutures or corrective surgery. VICIOUS DOG. Any of the following: 31 Packet Page 624 San Bernardino - Animals32 (1) Any dog seized under Cal. Penal Code, § 599aa and upon the sustaining of a conviction of the owner or keeper under Cal. Penal Code, § 597.5(a); (2) Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being; or (3) Any dog previously determined to be, and currently listed as, a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in § 6.09.020 or is maintained in violation of §§ 6.09.080, 6.09.090 or 6.09.100. (Ord. MC-1264, passed 2-19-2008) § 6.09.030 HEARING ON DECLARATION OF DOG AS POTENTIALLY DANGEROUS OR VICIOUS. If an animal control officer or a law enforcement officer determines that probable cause exists to believe a dog is potentially dangerous or vicious, the officer or his or her immediate supervisor may file a petition with the hearing officer for a hearing, as provided in § 6.14.080, to determine whether or not the dog in question should be declared potentially dangerous or vicious. Whenever possible, any complaint received from a member of the public shall be sworn to and verified by the complainant and attached to the petition. The Animal Control Division shall notify the owner or keeper of the dog that a hearing will be held and that the owner or keeper may present evidence at the hearing. The Animal Control Division shall serve upon the owner or keeper of the dog the notice of the hearing and a copy of the petition either personally or by first class mail with return receipt requested. The hearing shall be open to the public and held not less than five working days, nor more than 14 working days, after service of the notice upon the owner or keeper of the dog. The hearing officer may admit all relevant evidence, including incident reports and affidavits of witnesses, limit the scope of discovery and may shorten the time to produce records or witnesses. The hearing officer may decide all issues even if the owner or keeper fails to appear at the hearing. The hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and make other orders authorized by this chapter. § 6.09.040 DETERMINATION AND ORDERS; NOTICE; COMPLIANCE. After the hearing conducted pursuant to § 6.09.030, the owner or keeper of the dog shall be notified, either personally or by first class mail, postage prepaid, in writing of the determination and orders issued. If the hearing officer determines that the dog is potentially dangerous or vicious, the owner or keeper shall comply with §§ 6.09.080 through 6.09.140 within ten days after the date of the order or as specified by the hearing officer. § 6.09.050 HEARING OFFICER’S DECISION FINAL - NOTICE. The written decision of the hearing officer shall be final, subject to the right to judicial review of any aggrieved party pursuant to Cal. Food and Agriculture Code, § 31622. The city shall cause notice of the hearing officer’s decision to be served upon the owner of the dog either personally or by first class mail, postage prepaid, forthwith upon issuance. (Ord. MC-1470, passed 3-7-2018) § 6.09.060 SEIZURE AND IMPOUNDMENT PENDING HEARING. If the animal control officer or law enforcement officer determines that probable cause exists to believe the dog in question poses an immediate threat to public safety, or if the animal was previously declared potentially dangerous or vicious and the owner is found to be in violation of the hearing order or of any provisions of this chapter and probable cause exists to believe the dog poses an immediate threat, he or she may seize and impound the dog pending the hearings held pursuant to this chapter. If the dog is later adjudicated potentially dangerous or vicious or if the owner is found to be in violation of this chapter, the owner or keeper of the dog will be liable for costs and expenses of impounding the dog. If the animal control officer determines that the impoundment is not Packet Page 625 Vicious and Potentially Dangerous Dogs 33 contrary to public safety, he or she shall permit the animal to be confined in a city approved kennel or veterinary facility at the owner’s expense. (Ord. MC-1214, passed 2-22-2006) § 6.09.070 CIRCUMSTANCES UNDER WHICH DOGS MAY NOT BE DECLARED POTENTIALLY DANGEROUS OR VICIOUS. (A) The hearing officer may not declare a dog potentially dangerous or vicious if the dog inflicted injury or damage to a person committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. (B) The dog may not be declared potentially dangerous or vicious if it was protecting or defending a person within the dog’s immediate vicinity from an unjustified attack or assault. (C) A dog may not be declared potentially dangerous or vicious if the injury or damage was sustained by a domestic animal that was teasing, tormenting, abusing or assaulting the dog. (D) A dog may not be declared potentially dangerous or vicious if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog or predator control dog on the property of or under the control of its owner or keeper, and the damage or injury was to a type of domestic animal appropriate to the dog’s work. § 6.09.080 POTENTIALLY DANGEROUS DESIGNATION MAINTAINED IN REGISTRATION RECORDS. Notwithstanding the provisions of Chapter 6.08 regarding licensing and vaccination, all potentially dangerous dogs shall be properly licensed and vaccinated. A dog determined to be potentially dangerous will be so designated in its registration records. The city may charge a potentially dangerous dog or vicious dog fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog. Any fees regarding this section shall be set by resolution of the Mayor and City Council. (Ord. MC-1470, passed 3-7-2018) § 6.09.090 MUZZLING AND VACCINATION. The hearing officer may, by order, require the muzzling of any dog owned or harbored within the city that is found to be potentially dangerous or vicious, and may specify the period of time during which such dog shall be so muzzled. Any dogs running at large which are not vaccinated, or which are not muzzled, pursuant to such order, shall be forthwith put to death by authorized employees of the city. Such muzzling must not cause injury to the dog or interfere with the animal’s vision, respiration or its ability to drink. § 6.09.100 KEEPING AND CONTROLLING POTENTIALLY DANGEROUS DOGS. The owner or keeper of a potentially dangerous dog must keep the dog indoors or in a securely fenced enclosure from which the dog cannot escape and into which children cannot trespass. A potentially dangerous dog may be off the owner or keeper’s premises only if it is restrained by a substantial leash, not to exceed six feet in length, and if it is under the direct physical control of a responsible adult. § 6.09.110 DEATH, SALE, TRANSFER OR PERMANENT REMOVAL; NOTICE. The owner or keeper of a potentially dangerous dog must notify the Animal Control Division if the potentially dangerous dog dies, is sold, transferred or permanently removed from the city. § 6.09.120 POSTING PROPERTY. The hearing officer may order that the owner of a potentially dangerous or vicious dog conspicuously post the property with warning signs where the potentially dangerous or vicious dog is housed. Packet Page 626 San Bernardino - Animals34 § 6.09.130 REMOVAL FROM LIST OF POTENTIALLY DANGEROUS DOGS. Upon receipt of a petition from the dog owner, the hearing officer may remove a dog from the list of potentially dangerous dogs if no additional instances of behavior described in this chapter occur within a 36- month period from the date of designation as a potentially dangerous dog. § 6.09.140 KEEPING AND CONTROLLING VICIOUS DOGS. The owner or keeper of a vicious dog shall maintain the dog pursuant to the conditions imposed by § 6.01.060 and the provisions of this chapter. § 6.09.150 DESTRUCTION; NON-DESTRUCTION, CONDITIONS; ENCLOSURES. A vicious dog may be destroyed if the hearing officer determines that the release of the dog would create a significant threat to the public health, safety and welfare. If the hearing officer determines that the vicious dog should not be destroyed, the hearing officer must impose conditions upon the dog’s owner or keeper that will protect the public health, safety and welfare. If one of the conditions is to require that the vicious dog be confined in an enclosure, the enclosure must be designed in order to prevent the animal from escaping and include a fence or structure suitable to prevent children from entering. § 6.09.160 PROHIBITION OF OWNING, POSSESSING, CONTROLLING OR HAVING CUSTODY. The city may prohibit the owner of a vicious dog from owning, possessing, controlling or having custody of any dog for a period of up to three years if the hearing officer finds, after proceedings conducted under §§ 6.09.030 through 6.09.050, that such ownership or possession would create a significant threat to the public health, safety and welfare. § 6.09.170 FINES AND LIMITS. Any violation of this chapter involving a declared potentially dangerous dog or a declared vicious dog shall be punishable as a misdemeanor. § 6.09.180 SEVERABILITY. If any provision of this title or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the title which can be given effect without the invalid provision or application, and, to this end, the provisions of this title are severable. Packet Page 627 CHAPTER 6.10: CATS Section 6.10.010 Findings 6.10.020 Number of cats permitted 6.10.030 Cat fancier permit § 6.10.010 FINDINGS. The Mayor and CommonCity Council find that cat owners who allow their cat(s) to cause a public nuisance shall be responsible for maintaining their cat(s) in such a manner as to prevent their cat(s) from interfering with the comfortable enjoyment of life and property by the surrounding community. § 6.10.020 NUMBER OF CATS PERMITTED. It is unlawful for any person, firm or corporation to own, harbor or keep on or at any lot, premises or place more than five cats which are four or more months of age, except as may be permitted by the provisions of Title 19 or as may be permitted by this chapter. § 6.10.030 CAT FANCIER PERMIT. (A) It is unlawful for any person, firm or corporation to own, harbor or care for more than five cats over the age of four months without obtaining a fancier permit from the Division of Animal Control. (B) The Division of Animal Control may issue a fancier permit under the following conditions: (1) All cats owned, harbored or cared for shall be kept in compliance with § 6.01.060 and any sections of this title relating to cats; (2) The fee, or fees, for a fancier permit shall be set by resolution of the Mayor and CommonCity Council and shall be in addition to any other permits, licenses or fees required by this title; (3) The number of cats permitted per residence shall be based upon the following criteria: (a) Property up to 10,000 square feet: a maximum of ten cats; (b) Property between 10,001 square feet and 15,000 square feet: a maximum of 15 cats; (c) Property between 15,001 square feet and 20,000 square feet: a maximum of 20 cats; (d) No property shall exceed 20 cats; and (e) No person residing at the property where the permit is to be issued may have two or more convictions of this title, any conviction of anti-cruelty laws or any conviction of animal fighting laws that have occurred in the 18-month period prior to the application for the permit. (4) The animal control officer shall be admitted to enter and inspect any property or premises, at any reasonable time, for the purpose of investigating either an actual or suspected violation or to ascertain compliance or non-compliance with this title or state animal law; (5) Any violation of this title or any state animal law shall constitute reasonable grounds for the 35 Packet Page 628 San Bernardino - Animals36 revocation of a fancier permit; and (6) Failure to pay fines associated with any animal violations, failure to pay any associated permit fees, refusal of an inspection by an authorized animal control officer or a conviction of animal cruelty laws shall constitute reasonable grounds for the revocation of a fancier permit. Packet Page 629 CHAPTER 6.11: QUARANTINE Section 6.11.010 Skunks § 6.11.010 SKUNKS. (A) Pursuant to Cal. Health and Safety Code, §§ 121575 through 121635, and as directed by, and in accordance with, the Cal. Code of Regulations, Title 17, § 2606.8, there is established a quarantine prohibiting in the city: (1) The trapping or capture of skunks for pets; (2) The trapping, capture, holding in captivity or breeding of skunks for sale, barter, exchange or gift; and (3) The transportation of all skunks from or into the city is prohibited except by permit from the State Department of Health Services to recognized zoological gardens or research institutions. (B) This quarantine shall continue as long as skunk rabies remains a problem in the state and until revoked by the county health officer. (C) The county health officer is authorized and directed to enforce the provisions of this chapter. (Ord. 821, passed 8-9-1921; Ord. 2968, passed 1-21-1969; Ord. MC-460, passed 5-15-1985) 37 Packet Page 630 San Bernardino - Animals38 Packet Page 631 CHAPTER 6.12: POLICE DOGS Section 6.12.010 Interference with police dogs § 6.12.010 INTERFERENCE WITH POLICE DOGS. It is unlawful for any person, in a manner not otherwise prohibited by Cal. Penal Code, § 597, to tease, harass, agitate, provoke, beat, kick, strike, injure or in any way interfere with any dog being used by any police officer in the performance of his or her official duties. (Ord. MC-388, passed 7-11-1984) 39 Packet Page 632 San Bernardino - Animals40 Packet Page 633 CHAPTER 6.13: ENFORCEMENT - PENALTY Section 6.13.010 Penalty for violation 6.13.020 General penalties § 6.13.010 PENALTY FOR VIOLATION. Any person, firm or corporation violating or causing the violation of any provision of this title is guilty of an infraction, unless otherwise stated, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. MC-460, passed 5-15-1985) § 6.13.020 GENERAL PENALTIES. (A)Violations generally. Each method of enforcement set forth is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each and every day any such violation exists constitutes a separate offense. (AB)Administrative citation. If a police officer, animal control officer, animal license checker or any person designated by Chapter 9.90 to enforce the various provisions of this title believes that a violation exists, he or she may issue an administrative citation under the provisions of Chapter 6.14. Payment of any fine or service of a jail sentence shall not relieve a person, firm, partnership, corporation or other entity from the responsibility of correcting the condition resulting from the violation. 41 Packet Page 634 San Bernardino - Animals42 Packet Page 635 CHAPTER 6.14: ADMINISTRATIVE CITATIONS Section 6.14.010 Legislative findings; statement of purpose 6.14.020 Definitions 6.14.030 Use of the administrative citation 6.14.040 Violation; authority; fines 6.14.050 Service procedures 6.14.060 Contents of citation 6.14.070 Satisfaction of the administrative citation 6.14.080 Request for hearing on an administrative citation 6.14.090 Failure to pay fines 6.14.100 Hearing officer’s decision final - notice 6.14.110 Severability 6.14.115 Reserved 6.14.120 Severability § 6.14.010 LEGISLATIVE FINDINGS; STATEMENT OF PURPOSE. (A) The Mayor and City Council find that there is a need for an alternative method of enforcement for certain violations of Title 6 and applicable state codes. The Mayor and City Council further find that an appropriate alternative method of enforcement for animal control violations is an administrative citation program, as authorized by Cal. Gov’t Code, § 53069.4, which is consistent with the city’s authority as a charter city. (B) The procedures established in this chapter shall be in addition to criminal, civil or any other legal remedy established by law, which may be pursued to address violations of Title 6 or applicable state codes. (C) It is the desire of the Mayor and City Council to secure compliance with Title 6. Such compliance is a matter of local concern and serves an important public purpose. (D) Adoption of an administrative citation program will achieve the following goals: (1) To protect the public health, safety and welfare of the citizens of the city; (2) To gain compliance with Title 6 in a timely and efficient manner; (3) To provide for an administrative procedure to request a hearing on the imposition of administrative citations and fines; and (4) To provide an additional method to hold parties responsible when they fail or refuse to comply with the provisions of Title 6. (Ord. MC-1469, passed 3-7-2018) § 6.14.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ANIMAL CONTROL OFFICER or OTHER AUTHORIZED OFFICER. Any officer or employee with the authority to enforce Title 6 of the municipal code as provided in Chapter 9.90. APPLICANT. Any responsible person who requests a hearing pursuant to § 6.14.080 herein. RESPONSIBLE PERSON. Any of the following: (1) Any person who causes a violation of Title 6 to occur; 43 Packet Page 636 San Bernardino - Animals44 (2) Any person who maintains or allows an animal violation to continue by his or her acts or failure to act; and/or (3) Any person described below whose agent or employee causes or permits a violation to exist or to continue to exist by his or her acts or failure to act: (a) A person who is the owner and/or a person who is a lessee or sub-lessee with the current right of possession of real property where an animal related violation occurs; or (b) A person who is the on-site manager of a business and is responsible for the activities on such premises. § 6.14.030 USE OF THE ADMINISTRATIVE CITATION. (A) Use of the administrative citation is limited to violations of Title 6. (B) The procedures established in this section shall be in addition to any criminal, civil or any other legal remedy established by law which may be pursued to address violations of Title 6. The use of the administrative citation in place of other remedies shall be subject to the approval of the office of the City Attorney. Issuance of an administrative citation shall not be deemed a waiver of any other enforcement remedies found within this code. § 6.14.040 VIOLATION; AUTHORITY; FINES. (A) Any person violating any provision of Title 6 may be issued an administrative citation by an animal control officer, or other authorized officer, as provided in this chapter. (B) Each and every day a violation of any provision of Title 6 exists constitutes a separate and distinct offense. Each section of Title 6 violated constitutes a separate and distinct violation. (C) Any fine assessed by means of an administrative citation issued by the animal control officer, or other authorized officer, shall be payable directly to the city. (D) Any person who receives an administrative citation shall be required to pay a fine in the following amounts: (1) A fine not exceeding $100 for the first administrative citation; (2) A fine not exceeding $200 for a second administrative citation for violation of the same ordinance if issued within a 12-month period; and (3) A fine not exceeding $500 for any subsequent issued administrative citation for violation of the same ordinance within a 12-month period. § 6.14.050 SERVICE PROCEDURES. In any case where an administrative citation is issued, service of the citation shall be made by complying with the following. (A)Personal service. The animal control officer, or other authorized officer, shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation. If the responsible person refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings; or if the responsible person cannot be contacted and personally served after reasonable efforts to do so have failed, service may be effected by certified mail. (B)Mail and posting. The responsible person shall be served by certified mail, return receipt requested. Simultaneously, the citation shall be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail; provided the citation sent by first class mail is not returned. § 6.14.060 CONTENTS OF CITATION. Packet Page 637 Administrative Citations 45 (A) Each administrative citation shall contain the following information: (1) Date, approximate time and address or definite description of the location where the violation(s) was/were observed; (2) The Title 6 code section(s) violated and a description of the violation(s); (3) The amount of the fine for the violation(s); (4) An explanation of how the fine shall be paid and the time period by which it shall be paid; (5) Identification of rights to a hearing, including the time within which the hearing may be requested; (6) The name and signature of the animal control officer, or other authorized officer, issuing the citation; and (7) A schedule of late fees. (B) If the violation is one which is continuing, a notice to correct the violation and an explanation of the consequences for failing to correct the violation shall be issued concurrently with the citation. § 6.14.070 SATISFACTION OF THE ADMINISTRATIVE CITATION. Upon receipt of a citation, the responsible person must: (A) Pay the fine to the city within 15 days from the issue date of the administrative citation. All fines assessed shall be payable to the city. Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city; or (B) File a request for hearing pursuant to § 6.14.080. § 6.14.080 REQUEST FOR HEARING ON AN ADMINISTRATIVE CITATION. (A)Time to file a request for hearing. Any recipient of an administrative citation may contest the citation by completing a request for hearing form and returning it to the City Clerk within 15 days from the date the citation is served or deemed to have been served. A failure to file a timely request for hearing shall be deemed a waiver of the right to a hearing on the citation and a failure to exhaust administrative remedies. (B)Hearing officer. The hearing officer shall be a neutral contracted by the city to hear such matters. (C)Hearing procedure. (1) No hearing to contest an administrative citation before a hearing officer shall be held unless and until a request for hearing form has been completed and submitted within the time limits set forth above. (2) After receipt of the request for hearing form, a hearing before the hearing officer shall be set for a date that is not less than 15, and not more than 60, days from the date that the request for a hearing is filed in accordance with the provisions of this chapter. The applicant shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing. (3) The applicant shall be given the opportunity to testify and present evidence concerning the administrative citation. (4) Formal rules of evidence shall not apply. (D) The administrative citation and any additional documents submitted by the animal control officer, or other authorized officer, shall constitute prima facie evidence of the respective facts contained in those documents. (E) If the animal control officer, or other authorized officer, submits an additional written report concerning the administrative citation to the hearing Packet Page 638 San Bernardino - Animals46 officer for consideration at the hearing, then a copy of this report also shall be served by mail on the person requesting the hearing at least ten days prior to the date of the hearing. (F) At least ten days prior to the hearing, the recipient of an administrative citation shall be provided with copies of the reports and other documents submitted or relied upon by the animal control officer, or other authorized officer. The hearing shall not be conducted according to formal rules of evidence or procedure, but shall be conducted in a manner generally consistent with the Administrative Procedure Act, Cal. Gov’t Code, §§ 11370 et seq. (G) The hearing officer may continue the hearing and request additional information from the issuing animal control officer, or other authorized officer, or the recipient of the administrative citation, prior to issuing findings of fact and statement of decision. (H) Any person who has filed a “request for hearing” and has been notified of the time and date for a hearing pursuant to this chapter who does not appear at said hearing and does not seek a continuance prior to the hearing shall be deemed to have waived the right to be present at the hearing, and the hearing shall proceed in their absence. (I) After considering all of the testimony and evidence submitted at the hearing, the hearing officer may immediately issue a verbal decision or may issue a written decision within ten working days of the hearing. The decision shall include the reasons therefor and the amount of any fine imposed. Said decision shall also include any conditions pertaining to the correction of the violation(s) and any time limits set for said corrections. If a verbal decision is issued at the hearing, a written decision shall be prepared by the hearing officer and mailed to the applicant within ten working days of the hearing. The effective date of the decision shall be the mailing date of the written decision to the applicant. (Ord. MC-1469, passed 3-7-2018) § 6.14.090 FAILURE TO PAY FINES. (A) Failure of any person to pay a fine assessed by administrative citation within the time specified on the citation, or designated by the hearing officer as a result of a hearing, shall result in an assessment of an additional late fee in accordance with the following late fee schedule. (1) Failure to pay the administrative citation, if no appeal is filed, within 15 days after the date the citation was issued by an officer shall result in a $25 late penalty assessed. (2) Any fines and late fees which remain outstanding, when no appeal is filed, 30 days beyond the date the citation was issued by an officer shall have assessed an additional $25 late penalty, for a total of a $50 late fee. (B) The failure of any person to pay an administrative fine within the time frames specified on the citation, or upon the hearing as ordered by the hearing officer, shall be considered a debt to the city. To enforce that debt, the Director of Animal Control may file a small claims action or pursue any other legal remedy to collect such money. The city may also recover its collection costs, along with fines assessed, as established by proof of the cost of attempts to collect the debt. (C) It shall be unlawful for any person to fail to abide by any decision of the hearing officer. § 6.14.100 HEARING OFFICER’S DECISION FINAL - NOTICE. The decision of the hearing officer shall be issued in writing and shall be final, subject to the right to judicial review of any aggrieved party pursuant to, by filing an appeal with the Superior Court of the State of California, County of San Bernardino, in accordance with the time lines and provisions set forth in Cal. Gov’t Code, § 53069.4. (Ord. MC-1469, passed 3-7-2018) § 6.14.110 SEVERABILITY. The provisions of this chapter are severable, and, if any sentence, section, phrase, word or other part of Packet Page 639 Administrative Citations 47 the title should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect. (Ord. MC-1469, passed 3-7-2018) § 6.14.115 RESERVED. [Reserved] (Repealed by Ord. MC-1469, passed 3-7-2018) § 6.14.120 SEVERABILITY. The provisions of this title are severable, and, if any sentence, section or other part of the title should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect. (Ord. MC-1114, passed 1-8-2002) Packet Page 640 San Bernardino - Animals48 Packet Page 641 TITLE 7: RESERVED [Reserved] 1 Packet Page 642 San Bernardino - Reserved2 Packet Page 643 TITLE 8: HEALTH AND SAFETY Chapter 8.01. ENVIRONMENTAL HEALTH CODE (“EHC”) 8.02. INSPECTION GRADING OF FOOD ESTABLISHMENTS 8.03. APIARIES 8.05. COLLECTION OF RENT FOR BUILDINGS ORDERED VACATED 8.06. DISTRIBUTION OF MEDICINE, PILLS OR DRUGS 8.07. RESERVED 8.09. TREATMENT OF WOUNDED PERSONS 8.12. RESERVED 8.14. YARD SALES 8.15. LITTER 8.18. ACCUMULATION OF COMBUSTIBLE AND NON-COMBUSTIBLE MATERIALS 8.19. ABATEMENT OF FIRE HAZARDS AND HAZARDOUS TREES 8.21. RESERVED 8.24. SOLID WASTE COLLECTION, REMOVAL, DISPOSAL, PROCESSING AND RECYCLING 8.24.5. CONSTRUCTION AND DEMOLITION WASTE RECYCLING PROGRAM 8.25. SCRAP TIRES 8.27. NUISANCES 8.30. PUBLIC NUISANCES 8.33. RESERVED 1 Packet Page 644 San Bernardino - Health and Safety2 8.35. RESERVED 8.36. ABANDONED VEHICLES 8.38. SIGNS ON VACANT PROPERTIES 8.39. SEIZURE AND FORFEITURE OF NUISANCE VEHICLES 8.42. RESERVED 8.45. RESERVED 8.48. HOTELS AND LODGING HOUSES 8.50. VENEREAL DISEASES 8.51. MUFFLERS 8.54. NOISE CONTROL 8.57. SOUND VEHICLES 8.60. FIREWORKS 8.61. PROHIBITED FIREWORKS 8.63. EXPLOSIVES AND FIRES 8.65. DESTRUCTION OF WEAPONS 8.66. MOVING OF BUILDINGS AND OVERSIZE LOADS 8.68. ETCHING CREAM, AEROSOL CONTAINERS AND CERTAIN MARKER PENS 8.69. GRAFFITI 8.72. RESERVED 8.73. NO SMOKING IN PARKS 8.75. RESERVED 8.78. AUTOMATIC DIALING AND TAPED MESSAGE ALARM SYSTEMS Packet Page 645 3 8.79. FLOODPLAIN MANAGEMENT 8.80. STORM WATER DRAINAGE SYSTEM 8.81. SECURITY ALARM SYSTEMS 8.82. ESTABLISHMENT OF EXTRAORDINARY LAW ENFORCEMENT SERVICES 8.83. SOCIAL HOST ACCOUNTABILITY 8.84. CASTOR BEAN PLANTS 8.87. RAILROAD COMPANIES 8.90. MOBILE HOME RENTS 8.93. BICYCLES PROHIBITED IN CERTAIN PUBLIC BUILDINGS 8.95. ANIMALS PROHIBITED IN CITY BUILDINGS 8.97. SMOKING CANNABIS IN PUBLIC PLACES 8.99. PERSONAL CULTIVATION OF CANNABIS Cross-reference: For Charter provisions authorizing the Common Council to make and enforce all such local, police, sanitary and regulations as pertain to municipal affairs, see City Charter, § 40(b). Packet Page 646 San Bernardino - Health and Safety4 Packet Page 647 CHAPTER 8.01: ENVIRONMENTAL HEALTH CODE (“EHC”) Section 8.01.010 Purpose 8.01.020 Exceptions to adopted code 8.01.030 Remedies/penalties § 8.01.010 PURPOSE. Pursuant to Cal. Health and Safety Code, §§ 480 et seq., 500 et seq. and 1155.5§§ 101025 et seq., 101275 et seq., 101310, 101375 et seq., 101450 et seq. and 120125 et seq.; Cal. Public Resources Code, §§ 21050 et seq. (Environmental Quality Act of 1970); Title 17 of the Cal. Administrative Code (now California Code of Regulations); and other relevant state law, for the protection of the environmental public health, the issuance of permits and collection of fees and providing penalties and remedies for the violation of such regulations, there is adopted by the city, as its Environmental Health Code, that certain code known as the Uniform Environmental Health Code, being Chapters 1 through 11, Division 3, Title III of the San Bernardino County Code, except as provided in § 8.01.020. This code also specifically adopts Title III, Division 8, Chapters 1 through 11, inclusive, of the San Bernardino County Code, entitled “Underground Storage of Hazardous Substances.”the “Regulatory References for Underground Storage Tanks,” including Cal. Code of Regulations, Title 23, Division 3, Chapter 16, Article 7, §§ 2670 through 2671; Cal. Health and Safety Code, § 25298; and San Bernardino County Code, Title 2, Division 3, Article 2, §§ 23.07210 through 23.07213. The city designates both the city, and any employee thereof, and the County Department of Environmental Health Services (“DEHS”) as the enforcement agencies for the purpose of this Environmental Health Code and all state law pertaining to environmental health. Pursuant to Cal. Gov’t Code, § 50022.6, a copy of said code is on file in the office of the City Clerk and the same is adopted and incorporated as fully as if set out at length herein. (Ord. MC-613, passed 12-21-1987; Ord. MC-1545, passed 10-7-2020) § 8.01.020 EXCEPTIONS TO ADOPTED CODE. The Environmental Health Code is amended, changed or deleted as follows. (A) Chapter 8 - Article 1 - “Refuse Storage” is deleted. (B) Chapter 8 - Article 2 - “Refuse Collection” is deleted. (C) Chapter 8 - Article 6 - “Designated Maintenance Areas” is deleted. (Ord. MC-613, passed 12-21-1987) § 8.01.030 REMEDIES/PENALTIES. (A) It shall be unlawful for any person or entity to deny access, interfere with, prevent, restrict, obstruct or hinder either the city or the Department of Environmental Health Services’ (“DEHS”) employees or agents acting within the scope of their duty or agency. It shall be unlawful for any person to fail to identify oneself upon lawful request by either the city or the Department of Environmental Health Services (“DEHS”) employees or agents acting within the scope of their duty or agency. Offering physical resistance or bodily attack upon authorized representative of the city or DEHS acting within the scope of his or her duty or agency is a misdemeanor, punishable by imprisonment in the county jail for not less than ten days, without the alternative of a fine. 5 Packet Page 648 San Bernardino - Health and Safety6 (B) In addition to criminal prosecution, civil action and every other remedy or penalty provided by law, public nuisance may be abated or enjoined in an action brought by either the city or DEHS, or under circumstances immediately dangerous to public health or safety, may be summarily abated by either the city or DEHS enforcement officers as provided herein or otherwise in the manner provided by law for the summary abatement of public nuisances. (C) Except where punishable as a misdemeanor or felony under state law or herein, any person or entity who violates any provision of this Environmental Health Code (“EHC”) shall be guilty of an infraction and, upon conviction thereof, shall be punished by a fine of not less than $25 but not exceeding $100 for a first violation, a fine not exceeding $200 for a second conviction within one year and a fine not exceeding $500 for the third conviction within one year, the fourth and additional convictions within one year shall be punishable as misdemeanors and shall be punished by a fine not less than $250 nor more than $1,000, or by imprisonment in the county jail for a term not exceeding six months, or both, and such convicted person or entity may, in the discretion of the court, be adjudged in addition to the above penalties, to be liable to the city and/or DEHS for all necessary costs incurred in investigation, discovery, analysis, inspection, clean-up and other actual costs incurred by the city and/or DEHS or its agents pertaining to the violation. (D) Each day or portion thereof in violation shall be considered a separate and distinct offense. The owner, manager and operator of every activity or facility subject to the jurisdiction of this EHC shall be responsible for any violation by any employee of any of its provisions. Payment of any penalty or serving any term of imprisonment herein provided shall not relieve any person or entity from the responsibility of correcting the condition constituting the violation. (E) Unless otherwise stated in this chapter, any violation of this chapter may be prosecuted by the City Attorney and be punishable as an infraction or a misdemeanor in accordance with Chapter 1.12. (Ord. MC-613, passed 12-21-1987; Ord. MC-1545, passed 10-7-2020) Packet Page 649 CHAPTER 8.02: INSPECTION GRADING OF FOOD ESTABLISHMENTS Section 8.02.010 Adoption of the San Bernardino County Code 8.02.020 Administering agency designated 8.02.030 Schedule and collection of fees 8.02.040 Violations - penalty Appendix A: Figures § 8.02.010 ADOPTION OF THE SAN BERNARDINO COUNTY CODE. (A) The city adopts by reference, and makes a part of this chapter, San Bernardino County Code, Chapter 14 of Division 3 of Title 3, entitled “Inspection Grading of Food Establishments” (attached and incorporated herein as Exhibit A), with the following exceptions (shown with additions underlined and deletions lined-out): (1) Section 33.1403, “Grading,” division (c) is amended to read as follows: (c) Any food establishment that fails to attain at least a “B” grade, as defined herein, shall be issued written notice, through an OIR, by the health official. The food establishment must correct the deficiencies listed in the OIR and must file a written request for a re-score inspection with the health official within 30 days of the OIR. A re-score inspection shall be conducted by the health official and be subject to a re-score inspection fee as provided in the Code, Schedule of Fees. The health official will complete the re-score inspection within ten (10) County business days of food establishment’s filing of a written request for a re-score inspection. A food establishment failing to comply with the OIR, or failing to attain at least a “B” grade on the re-score inspection, may be immediately closed by the health official pursuant to State law and remain closed until at least a “B” grade is achieved on a re-score inspection. Nothing in this provision shall prohibit the health official from immediately closing any food establishment if, at his discretion, immediate closure is necessary to protect the public health pursuant to State law. (2) Section 33.1404, “Notice of Closure,” is amended to read as follows: “Notice of Closure” means a public notice that shall be posted by the health official at a food establishment upon suspension or revocation of the food establishment’s public health permit and that results in the closure of the food establishment and the discontinuance of all operations of the food establishment, by order of the health official, because of violations of applicable federal, state, and local laws and regulations relating to the protection of public health. The Notice of Closure shall remain posted until removed by the health official. Removal of the Notice of Closure by any person other than the health official or the refusal of a food establishment to close upon issuance of the written notice of suspension of the public health permit is a violation of this Chapter and may result in the revocation of the food establishment’s public health permit and shall be prosecuted by the City Attorney and be punishable as a misdemeanor as specified in section 33.0112 of this Code Chapter 1.12 of the San Bernardino Municipal Code. (3) Section 33.1406, “Posting Requirements - Penalty for Non-Compliance - Documents Available 7 Packet Page 650 San Bernardino - Health and Safety8 for Public Review,” division (c) is amended to read as follows: (c) The Letter Grade Card shall not be defaced, marred, camouflaged, hidden or removed. It shall be unlawful to operate a food establishment unless the Letter Grade Card is posted. Removal of the Letter Grade Card or any other signs posted by the health official, is a violation of this Chapter and may result in the suspension or revocation of the public health permit and shall be prosecuted by the City Attorney and be punishable as an infraction or a misdemeanor as specified in section 33.0112 of this Code Chapter 1.12 of the San Bernardino Municipal Code. (B) The aforementioned sections of the San Bernardino County Code, as amended herein, are adopted as the inspection grading of food establishments program for the city. § 8.02.020 ADMINISTERING AGENCY DESIGNATED. The County Department of Public Health is designated as the administering agency for the city and is authorized to provide the qualified personnel necessary to implement the provisions of this chapter. § 8.02.030 SCHEDULE AND COLLECTION OF FEES. The schedule of fees contained within the provisions of the County Code, adopted herein, and as which may be modified in the future by the county, is adopted as the fees in effect in the city, and shall be applicable within the city to provide for the administration of this chapter. The county shall administer and collect these fees for deposit with the County Treasurer to offset the costs assumed by the county in administering this program. § 8.02.040 VIOLATIONS - PENALTY. Unless otherwise stated in this chapter, any violation of this chapter may be punishable as an infraction or a misdemeanor in accordance with Chapter 1.12. (Ord. MC-1271, passed 5-21-2008) Packet Page 651 Inspection Grading of Food Establishments 9 Packet Page 652 San Bernardino - Health and Safety10 APPENDIX A: FIGURES Figure 1. Packet Page 653 Inspection Grading of Food Establishments 11 Figure 2. Packet Page 654 San Bernardino - Health and Safety12 Figure 3. Packet Page 655 CHAPTER 8.03: APIARIES Section 8.03.010 Nuisance 8.03.020 Maintenance of more than two swarms unlawful 8.03.030 Violation - penalty Statutory reference: For provisions on bees, see Cal. Food and Agricultural Code, §§ 29000 et seq. § 8.03.010 NUISANCE. The Mayor and CommonCity Council do determine and declare that the maintenance of apiaries and the keeping of bees in larger numbers than two stands or swarms within the city has become and is dangerous to the inhabitants of the city, and become and is an obstruction to the free use of property in the city, so as to interfere with and prevent the comfortable enjoyment of life and property of a considerable number of persons, residents of the city; and the maintenance of apiaries and the keeping of bees in larger numbers than two stands or swarms at any one place within the city is a public nuisance. (Ord. 421, passed 9-13-1909) § 8.03.020 MAINTENANCE OF MORE THAN TWO SWARMS UNLAWFUL. It is unlawful for any person, firm or corporation to keep or maintain an apiary or keep or maintain more than two stands or swarms of bees at any one place within the corporate limits of the city. (Ord. 421, passed 9-13-1909) § 8.03.030 VIOLATION - PENALTY. Any person, firm or corporation violating any provision of this chapter is guilty of infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 421, passed 9-13-1909; Ord. MC-460, passed 5-15-1985) 13 Packet Page 656 San Bernardino - Health and Safety14 Packet Page 657 CHAPTER 8.05: COLLECTION OF RENT FOR BUILDINGS ORDERED VACATED Section 8.05.010 Collection of rent § 8.05.010 COLLECTION OF RENT. It shall be unlawful for any property owner, landlord, manager or agent to demand, accept, receive or retain any payment of rent if the building or portion thereof for which the rent is paid has been ordered vacated by the Building Official due to the existence of unsafe or dangerous building conditions, unless a lease or rental agreement executed before the effective date of the ordinance incorporated in this chapter provides otherwise, until a new certificate of occupancy is issued. (Ord. MC-804, passed 8-20-1991) 15 Packet Page 658 San Bernardino - Health and Safety16 Packet Page 659 CHAPTER 8.06: DISTRIBUTION OF MEDICINE, PILLS OR DRUGS Section 8.06.010 Unlawful distribution 8.06.020 Violation - penalty § 8.06.010 UNLAWFUL DISTRIBUTION. It is unlawful for any person, persons, association or corporation, whether as principal, officer, clerk, agent or employee, either for themselves or any other person, persons, association or corporation or otherwise, to distribute or place in any private place, or at or near any residence, or upon any private doorstep, except in the hand of some adult person, any samples or patent medicine, pills or drugs, either in bottle or boxes, or otherwise. (Ord. 294, passed 11-17-1903) § 8.06.020 VIOLATION - PENALTY. Every person, association or corporation violating any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 294, passed 11-17-1903; Ord. MC-460, passed 5-15-1985) 17 Packet Page 660 San Bernardino - Health and Safety18 Packet Page 661 CHAPTER 8.07: RESERVED (Repealed by Ord. MC-460, passed 5-15-1985) 19 Packet Page 662 San Bernardino - Health and Safety20 Packet Page 663 CHAPTER 8.09: TREATMENT OF WOUNDED PERSONS Section 8.09.010 Notice to Chief of Police when 8.09.020 Failure to notify an infraction § 8.09.010 NOTICE TO CHIEF OF POLICE WHEN. Every physician, surgeon, osteopath or other person within the corporate limits of the city who dresses or treats or prescribes for any wound of any human being or human beings who has been wounded, which such wound may have been caused or made by a sharp or blunt instrument or by a bullet or bullets from a gun or pistol, shall immediately notify the Chief of Police or other police officer of the city that he or she has so dressed, treated or prescribed for such wound of a human being. (Ord. 625, passed 12-21-16) § 8.09.020 FAILURE TO NOTIFY AN INFRACTION. Every such physician, surgeon, osteopath or other person who fails to so notify the Chief of Police or other police officer of the city that he or she has so dressed, treated or prescribed for such wound of a human being is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 625, passed 12-21-16; Ord. MC-460, passed 5-15-1985) 21 Packet Page 664 San Bernardino - Health and Safety22 Packet Page 665 CHAPTER 8.12: RESERVED (Repealed by Ord. MC-460, passed 5-15-1985) 23 Packet Page 666 San Bernardino - Health and Safety24 Packet Page 667 CHAPTER 8.14: YARD SALES Section 8.14.010 Definitions 8.14.020 Frequency, duration, hours and permissible dates 8.14.030 Display of personal property 8.14.040 Signs 8.14.050 Estate sale exemption 8.14.060 Non-profit organization exemption 8.14.070 Violation - penalty § 8.14.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DEPARTMENT. The Department of Community Development and Housing of the City of San Bernardino. ESTATE SALE or ESTATE LIQUIDATION. A type of yard sale or auction to dispose of a substantial portion of the materials owned by a person who is recently deceased, or who must dispose of his or her personal property to facilitate a move necessitated by the relocation of the owner due to advanced age or disability and which sale is conducted by a person or entity that has legal authority to make such sale. PERSONAL PROPERTY. Property which is owned, utilized or maintained by an individual or members of a residence or family and acquired in the normal course of living in or maintaining a residence. It does not include new merchandise or merchandise which was purchased for resale or obtained on consignment. RESIDENTIAL ZONE. Any residentially zoned property, as defined by the city’s zoning ordinances, or property used for residential purposes as permitted by the city’s Development Code, or premises zoned for another use, providing the actual and principal current use of such premises is for residential purposes. The definition includes both single-family and multiple-family residential. SELLER. Any of the following: (1) The person authorized by the premises owner to sell the personal property at the yard sale; (2) The tenant of the premises where the yard sale is conducted; or (3) The owner of the premises where the yard sale is conducted. YARD SALE. The offer of sale of personal property, open to the public, conducted from or on a premises in any residential or commercial zone. The term YARD SALE includes, but is not limited to, all sales entitled, advertised or called “garage sale,” “lawn sale,” “yard sale,” “porch sale,” “patio sale,” “estate sale,” “moving sale,” “flea market” or “rummage sale.” (Ord. MC-1625, passed 2-21-2024) § 8.14.020 FREQUENCY, DURATION, HOURS AND PERMISSIBLE DATES. (A) (1) Subject to the additional limitations imposed by division (B) and (C) below, no yard sale shall be conducted by any seller or at any location more frequently than 12 times in any calendar year. (2) For purposes of this section, CALENDAR YEAR means the 12-month period from January through December, inclusive. 25 Packet Page 668 San Bernardino - Health and Safety26 (B) Yard sales may be conducted up to a maximum period of three consecutive days. (C) Yard sales may be conducted only during daylight hours. (D) (1) Yard sales shall only be conducted on the third weekend of each month. (2) For purposes of this division (D), the term WEEKEND means Friday, Saturday and Sunday. § 8.14.030 DISPLAY OF PERSONAL PROPERTY. No items other than personal property may be sold at any yard sale. Personal property may not be displayed in the public right-of-way, and all personal property shall be arranged so that fire safety service and other officials may have access for inspection at all times during the sale. Personal property may only be displayed on the days of and between the hours of yard sales as provided in this chapter. § 8.14.040 SIGNS. (A) Three unlighted signs shall be permitted not exceeding four square feet in area advertising such yard sale. Such signs shall be displayed only during the period of the yard sale. The signs shall be permitted only on the property where such yard sale is located. Such signs may be posted 24 hours prior to the yard sale and must be removed immediately following the yard sale. (B) Directional signs not larger than two square feet may be placed on private property, provided the person conducting the yard sale has obtained the prior consent from the owner or occupant of the premises where the directional sign is placed. There shall be no more than four such directional signs erected for any yard sale permitted pursuant to this chapter. (C) Any signage allowed by this section is prohibited on the public rights-of-way. § 8.14.050 ESTATE SALE EXEMPTION. The child, survivor or heir of the owner of personal property, or a person with legal authority over the personal property of another, who is the seller at an estate sale of such personal property, and who attests that the estate sale is necessitated by the relocation of the owner due to advanced age or disability, or is necessitated by the death of the owner, shall not be subject to the limitations of § 8.14.020(A) and (D) regarding the permissible dates on which such yard sale may be conducted. The person(s) conducting such an estate sale shall be required to obtain a permit and shall be subject to all other regulations established herein. § 8.14.060 NON-PROFIT ORGANIZATION EXEMPTION. Non-profit organizations shall not be subject to the limitations of § 8.14.020(A) and (D) regarding the permissible dates on which such yard sale may be conducted provided that the sale is conducted on property owned or leased by said non-profit organization. § 8.14.070 VIOLATION - PENALTY. (A) Any person who violates or causes violation of any provision of this chapter shall be deemed guilty of an infraction or misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (B) A violation of this chapter may be enforced or punished in any manner prescribed by law or through any other process or procedure established or allowed by this code or applicable law. (Ord. MC-1339, passed 11-16-2010; Ord. MC-1344, passed 1-11-2011) Packet Page 669 Yard Sales 27 Packet Page 670 San Bernardino - Health and Safety28 Packet Page 671 CHAPTER 8.15: LITTER Section 8.15.010 Short title 8.15.020 Definitions 8.15.030 Litter in public places 8.15.040 Placement of litter in receptacles so as to prevent scattering 8.15.050 Sweeping litter into gutters prohibited 8.15.060 Litter in parks 8.15.070 Throwing or distributing handbills in public places 8.15.080 Placing commercial and non-commercial handbills on vehicles 8.15.090 Depositing commercial and non-commercial handbills on uninhabited or vacant premises 8.15.100 Prohibiting distribution of handbills where properly posted 8.15.110 Distributing commercial and non-commercial handbills at inhabited private premises 8.15.120 Dropping litter from aircraft 8.15.130 Posting notices prohibited 8.15.140 Litter on occupied private property 8.15.150 Owner to maintain premises free of litter 8.15.160 Litter on vacant lots 8.15.170 Violation - penalty Statutory reference: For provisions on littering, see Cal. Penal Code, §§ 374 through 374.b.5, 374.3 and 374.4 § 8.15.010 SHORT TITLE. The ordinance codified in this chapter shall be known and may be cited as the “Anti-Litter Ordinance.” (Ord. 2732, passed 4-5-1966) § 8.15.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. AIRCRAFT. Any contrivance now known or hereafter invented, used or designed for navigation or for flight in the air. AIRCRAFT shall include helicopters, lighter-than-air powered craft and balloons. CITY. The City of San Bernardino. COMMERCIAL HANDBILL. Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature: (1) Which advertises for sale any merchandise, product, commodity or thing; (2) Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; (3) Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an 29 Packet Page 672 San Bernardino - Health and Safety30 admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, when either of the same is held, given or has taken place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind, without a license, where such license is or may be required by any law of this state, or under any ordinance of this city; or (4) Which, while containing reading matter other than advertising matter, is predominately and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor. GARBAGE. Table refuse, swill and offal, and every accumulation of animal, vegetable and other matter that attends the preparation, consumption, decay or dealing in or storage of meat, fish, fowl, fruit and includes all animal and vegetable refuse from kitchens and all household waste that has been prepared from or intended to be used as food, or has resulted from the preparation of food and also includes all vegetable trimmings from markets or stores. Articles and things not hereinbefore enumerated are not included in the term GARBAGE: dead animals over five pounds in weight, dish or wastewater, paper and other combustible or inflammable material, crockery, glass, cans, tins, ashes, wire and sweepings and like materials. LITTER. Garbage, refuse and rubbish, as defined in this section, and including, but not limited to, animal excrement, and in addition, all other waste material, if thrown or deposited as prohibited in this chapter, which tends to create a public nuisance. NEWSPAPER. Any newspaper of general circulation, as defined by general law, any newspaper duly entered with the Post Office Department of the United States in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, means and includes any periodical or current magazine regularly published with not less than four issues per year, and sold to the public, and any current periodical or newspaper which has not been adjudicated as a newspaper of general circulation pursuant to Cal. Gov’t Code, Title 1, Division 7, Chapter 1, but which is nevertheless printed, published and circulated at regular daily, weekly or monthly periods and which devotes at least 15% of its printed matter to news subjects. NON-COMMERCIAL HANDBILL. Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper. PARK. Any public area, owned or used by the city, devoted to active or passive recreation, including, but not limited to, a reservation, playground, recreation center or any other public area in the city. PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind. PRIVATE PREMISES. Any dwelling, house, building or other structure, designed or used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure. REFUSE. All putrescible and non-putrescible solid wastes, except body wastes, including, but not limited to, garbage, rubbish, ashes, residue from street cleaning, dead animals, abandoned automobiles and solid market and industrial wastes. RUBBISH. Non-putrescible solid wastes consisting of both combustible and non-combustible wastes, including, but not limited to, paper, wrapping, cigarettes, cardboard, tin cans, yard clippings, wood, glass, plastic, cloth, bedding, crockery and similar materials. Packet Page 673 Litter 31 (Ord. 2732, passed 4-5-1966; Ord. 2747, passed 5-24-1966; Ord. MC-1194, passed 5-3-2005) § 8.15.030 LITTER IN PUBLIC PLACES. It is unlawful for any person to throw or deposit litter in or upon any street, sidewalk or other public place within the city, except in public receptacles or in authorized private receptacles for collection, or in official city dumps. (Ord. 2732, passed 4-5-1966; Ord. MC-460, passed 5-15-1985) Statutory reference: Definition of rubbish, see In re Pedrosian (1932) 124 Cal. App. 692, 694, 698. § 8.15.040 PLACEMENT OF LITTER IN RECEPTACLES SO AS TO PREVENT SCATTERING. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place. (Ord. 2732, passed 4-5-1966) § 8.15.050 SWEEPING LITTER INTO GUTTERS PROHIBITED. It is unlawful for any person to sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. (Ord. 2732, passed 4-5-1966; Ord. MC-460, passed 5-15-1985) § 8.15.060 LITTER IN PARKS. It is unlawful for any person to throw or deposit litter in any park within the city except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere. (Ord. 2732, passed 4-5-1966; Ord. MC-460, passed 5-15-1985) § 8.15.070 THROWING OR DISTRIBUTING HANDBILLS IN PUBLIC PLACES. It is unlawful for any person to throw or deposit any commercial or non-commercial handbill in or upon any sidewalk, street or other public place within the city. It is unlawful for any person to hand out or distribute or sell any commercial handbill in any public place; provided, however, that it is not unlawful on any sidewalk, street or other public place within the city for any person to hand out or distribute without charge to the receiver thereof any non-commercial handbill to any person willing to accept it. (Ord. 2732, passed 4-5-1966; Ord. MC-460, passed 5-15-1985) § 8.15.080 PLACING COMMERCIAL AND NON-COMMERCIAL HANDBILLS ON VEHICLES. It is unlawful for any person to throw or deposit any commercial or non-commercial handbill in or upon any vehicle; provided, however, that it is lawful in any public place for a person to hand out or distribute without charge to the receiver thereof a non-commercial handbill to any occupant of a vehicle who is willing to accept it. (Ord. 2732, passed 4-5-1966; Ord. MC-460, passed 5-15-1985) § 8.15.090 DEPOSITING COMMERCIAL AND NON-COMMERCIAL HANDBILLS ON UNINHABITED OR VACANT PREMISES. It is unlawful for any person to throw or deposit any commercial or non-commercial handbill in or upon any private premises which are temporarily or Packet Page 674 San Bernardino - Health and Safety32 continuously uninhabited or vacant. (Ord. 2732, passed 4-5-1966; Ord. MC-460, passed 5-15-1985) § 8.15.100 PROHIBITING DISTRIBUTION OF HANDBILLS WHERE PROPERLY POSTED. It is unlawful for any person to throw, deposit or distribute any commercial or non-commercial handbill upon any private premises, if required by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words “no trespassing,” “no peddlers or agents,” “no advertisement” or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. (Ord. 2732, passed 4-5-1966; Ord. MC-460, passed 5-15-1985) § 8.15.110 DISTRIBUTING COMMERCIAL AND NON-COMMERCIAL HANDBILLS AT INHABITED PRIVATE PREMISES. It is unlawful for any person to throw, deposit or distribute any commercial or non-commercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in case of inhabited private premises which are not posted, as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, shall have the authority to place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States or to newspapers. (Ord. 2732, passed 4-5-1966; Ord. MC-460, passed 5-15-1985) § 8.15.120 DROPPING LITTER FROM AIRCRAFT. It is unlawful for any person in an aircraft to throw out, drop or deposit any object within the city. (Ord. 2732, passed 4-5-1966; Ord. MC-460, passed 5-15-1985) § 8.15.130 POSTING NOTICES PROHIBITED. [Reserved] (Repealed by Ord. MC-1343, passed 12-20-2010) § 8.15.140 LITTER ON OCCUPIED PRIVATE PROPERTY. It is unlawful for any person to throw or deposit litter on any occupied private property within the city, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (Ord. 2732, passed 4-5-1966; Ord. MC-460, passed 5-15-1985) § 8.15.150 OWNER TO MAINTAIN PREMISES FREE OF LITTER. The owner or person in control of any private property shall, at all times, maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized receptacles for collection. (Ord. 2732, passed 4-5-1966) § 8.15.160 LITTER ON VACANT LOTS. It is unlawful for any person to throw or deposit litter on any open or vacant private property within the city whether owned by such person or not. (Ord. 2732, passed 4-5-1966; Ord. MC-460, passed 5-15-1985) Packet Page 675 Litter 33 § 8.15.170 VIOLATION - PENALTY. (A) Any person, firm or corporation violating or causing or permitting the violation of any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (B) Any officer authorized by law to enforce the municipal code and any person authorized by Chapter 9.90 may enforce this chapter. (Ord. 2732, passed 4-5-1966; Ord. 3703, passed 2-9-1978; Ord. MC-254, passed 3-9-1983; Ord. MC-460, passed 5-15-1985; Ord. MC-1194, passed 5-3-2005) Packet Page 676 San Bernardino - Health and Safety34 Packet Page 677 CHAPTER 8.18: ACCUMULATION OF COMBUSTIBLE AND NON-COMBUSTIBLE MATERIALS Section 8.18.010 Nuisance determined - right of entry 8.18.020 Definitions 8.18.030 Notice to property owner - refusal of owner to comply - violation a misdemeanor or an infraction 8.18.040 Contents of notice - appeal 8.18.050 Abatement of nuisance 8.18.060 Report of abatement costs 8.18.061 Recovery of attorneys’ fees and report of attorneys’ fees 8.18.062 Treble damages 8.18.063 Protest of abatement costs 8.18.065 Council action 8.18.066 Imposition of special assessment lien and notice 8.18.067 Record of nuisance abatement lien 8.18.068 Collection of costs and attorneys’ fees prior to hearing 8.18.070 Inventory of salvageable matter 8.18.080 Urgent public nuisance - notice to property owner 8.18.082 Summary abatement of nuisance per se without notice 8.18.090 Penalty for violation Editor’s note: This chapter is amended by Ord. MC-1449, passed 11-1-2017. Statutory reference: For provisions authorizing cities to compel property owners or occupants to remove weeds and rubbish, see Cal. Gov’t Code, §§ 39501 et seq. § 8.18.010 NUISANCE DETERMINED - RIGHT OF ENTRY. (A) The accumulation of any of the following in any yard, lot or upon any premises within the city except within buildings or in containers or receptacles designed for such storage and accumulation is unlawful and a public nuisance and dangerous to public health and safety of the inhabitants of the city: rubbish, refuse, debris, waste material and other matter, including, but not limited to, rocks; bricks; scrap metal and other pieces of metal, ferrous and nonferrous; furniture or parts thereof; vegetation; cans; boxes; barrels; bottles; stores of commercial supplies, and other matter whether usable or not; straw; shavings; sacks; bags; litter; weeds; dry grass, dead trees or shrubs or branches thereof; used lumber or wood; combustible waste; fragments of any nature or kind; sawdust; excelsior; printed matter; paper; pasteboard; cardboard; cardboard boxes; or crockery. No person, firm or corporation shall allow or permit the aforesaid matter to accumulate or be upon his, her or its premises or upon premises controlled by him, her or it except within buildings or in appropriate containers or receptacles. (B) The Fire Chief, or his or her authorized representative, hereinafter called “Fire Chief,” or the Director of Community Development and Housing, and his or her authorized representative, hereinafter called “Director,” shall have the right to enter upon private property to determine whether such a public nuisance exists. (Ord. 3367, passed 8-22-1973; Ord. 3701, passed 1-24-1978; Ord. MC-241, passed 12-21-1982; Ord. MC-1449, passed 11-1-2017; Ord. MC-1625, passed 2-21-2024) 35 Packet Page 678 San Bernardino - Health and Safety36 § 8.18.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DIRECTOR. The Director of Community Development and Housing, and his or her designated representatives. FIRE CHIEF. The Fire Chief of the San Bernardino County Fire Protection District, and his or her designated representatives, within the San Bernardino County Fire Protection District. NEGLECTED OR ABANDONED ORCHARD. An orchard, or part thereof, where trees, or a substantial portion thereof, are in such a condition that the limbs are moribund, with the leaves or branches of the limbs being dead and where the individual in charge of the orchard is not taking such ordinary care of the orchard as is required for a harvested orchard and is not or has not been watering, discing or spraying such trees for a period of at least six months. The six-month period of time need not be continuous. NEGLECTED OR ABANDONED ORCHARDS in the city are places where the trees constitute a fire hazard, or where vagrants or dissolute persons can dwell, and which constitute ugly and unsightly conditions which adversely affect the neighboring properties, and are places from which agricultural pests develop and spread. Such orchards are public nuisances and dangerous to public health and safety, and shall be abated as a public nuisance utilizing the methods and procedures hereinafter set forth in this chapter. ORCHARD. Any ten or more trees that are of the type that bear stone fruits, citrus fruits or pome fruits, situated together in a grove. (Ord. 3367, passed 8-22-1973; Ord. 3518, passed 8-19-1975; Ord. MC-1449, passed 11-1-2017; Ord. MC-1625, passed 2-21-2024) § 8.18.030 NOTICE TO PROPERTY OWNER - REFUSAL OF OWNER TO COMPLY - VIOLATION A MISDEMEANOR OR AN INFRACTION. (A) The Fire Chief or Director shall notify the owner, occupant or agent thereof, or person in charge or control of the property, each hereinafter referred to as “owner,” personally or by certified mail, of such accumulation and shall conspicuously post such notice in writing on any lot or premises upon which the Fire Chief or Director determines after investigation that such public nuisance exists. Such notice shall bear a title with the words “notice to clean premises” in letters not less than one inch in height, and it shall direct the abatement of the nuisance and refer to this chapter for particulars. Such notice shall require the owner to commence the abatement within five days and to complete such abatement within ten days from the date of the notice. Notices which are served by certified mail shall be addressed to the owner of the property at the address ascertained from title company records or as otherwise known. Service by certified mail shall be deemed complete upon deposit in a public receptacle for United States mail. The notices shall specify that a failure to comply with the notice is a misdemeanor or an infraction. (B) Any firm, corporation, owner, agent, occupant or person in charge or control of real property who refuses or neglects to remove and abate any accumulation of matter described in § 8.18.010 within the ten-day period set forth in any “notice to clean premises” served upon them shall be guilty of a misdemeanor or an infraction. Each succeeding day that a person, firm or corporation refuses or neglects to remove and abate the matters determined to be a nuisance shall constitute a separate misdemeanor or infraction under this section. In the case of an appeal filed pursuant to § 8.18.040, the time period for required removal and abatement shall be extended as set forth in § 8.18.040. Packet Page 679 Accumulation of Combustible and Non-Combustible Materials 37 (C) The Fire Chief or Director shall enforce the provisions of this chapter and are authorized to make arrests and issue notices pursuant to the Cal. Penal Code, Title 3, Part 2, Title 3, Chapter 5C. (D) Any person, firm or corporation violating any provision of this chapter is guilty of a misdemeanor or an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (E) The conviction of a misdemeanor or an infraction under this chapter shall have no effect on any abatement process or procedure followed by the city. (Ord. 3367, passed 8-22-1973; Ord. 3701, passed 1-24-1978; Ord. MC-241, passed 12-21-1982; Ord. MC-460, passed 5-15-1985; Ord. MC-1449, passed 11-1-2017) § 8.18.040 CONTENTS OF NOTICE - APPEAL. (A) Any notice issued by the Director (i.e., city) shall state that, any time within ten days from the date of posting and service of such notice, any person may appeal the decision of the Director by filing written objections thereto with the City Clerk. The Director shall then cause the matter to be set for hearing before a hearing officer contracted by the city to hear such matters. (B) Notice of the date of hearing shall be given in writing. The date of the hearing shall be no sooner than 15 days from the date when notice of the hearing is given to the appellant and to the Director. (C) At the time fixed in the notice, the administrative hearing officer shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance. (D) At the conclusion of the hearing, the hearing officer shall determine whether or not a nuisance exists, and if the hearing officer so concludes, he or she may declare the conditions existing to be a nuisance and direct the person owning the property upon which the nuisance exists to abate it within ten days after the date of posting on the premises a notice of the hearing officer’s order. The hearing officer may amend time to abate the nuisance, if, in his or her opinion, there exists good cause for the amendment of time to abate. (E) The decision of the hearing officer on the determination of nuisance is final. Any appeal of the hearing officer’s decision shall be governed by Cal. Code of Civil Procedure, § 1094.6 or such section as may be amended from time to time. (F) Any notice issued by the Fire Chief (i.e., county) shall be appealable pursuant to the appeal procedure set forth under Chapter 23.310. (Ord. 3367, passed 8-22-1973; Ord. 3701, passed 1-24-1978; Ord. 3838, passed 6-19-1979; Ord. MC-344, passed 2-22-1984; Ord. MC-1449, passed 11-1-2017) § 8.18.050 ABATEMENT OF NUISANCE. In the event the nuisance is not abated by the owner, the Fire Chief or Director is authorized to cause such nuisance to be abated by removing the rubbish, refuse, debris, waste material and other matter, including, but not limited to, rocks; bricks; scrap metal and other pieces of metal, both ferrous and non-ferrous; furniture or parts thereof; vegetation; cans; boxes; barrels; bottles; stores of commercial supplies and other matter, whether usable or not; straw; shavings; sacks; bags; litter; weeds; dry grass; dead trees or shrubs or branches thereof; used lumber or wood; combustible waste; fragments of any nature or kind; sawdust; excelsior; printed matter; paper; pasteboard; cardboard; cardboard boxes; or crockery. The Fire Chief or Director and any contractor hired by the city for such purpose shall have the right to enter Packet Page 680 San Bernardino - Health and Safety38 upon private property to abate the public nuisance. (Ord. 3367, passed 8-22-1973; Ord. 3701, passed 1-24-1978; Ord. 3838, passed 6-19-1979; Ord. MC-344, passed 2-22-1984; Ord. MC-1449, passed 11-1-2017) § 8.18.060 REPORT OF ABATEMENT COSTS. (A) The Fire Chief or Director shall thereafter cause a report of the action and an accurate account of the costs to be filed with the City Clerk. (B) The statement shall be accompanied by a notice to the owner that the cost of abatement may be protested as set forth in § 8.18.063. (Ord. 3367, passed 8-22-1973; Ord. MC-178, passed 7-7-1982; Ord. MC-344, passed 2-22-1984; Ord. MC-1418, passed 10-5-2015; Ord. MC-1449, passed 11-1-2017) § 8.18.061 RECOVERY OF ATTORNEYS’ FEES AND REPORT OF ATTORNEYS’ FEES. (A) In any action, administrative proceeding or special proceeding to abate a nuisance, the prevailing party shall be entitled to recovery of attorneys’ fees. The recovery of attorneys’ fees by the prevailing party shall be limited to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. (B) In no action, administrative proceeding or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding. The City Attorney’s office shall thereafter cause a report of the action and an accurate account of costs to be filed with the City Clerk. (Ord. MC-1449, passed 11-1-2017) § 8.18.062 TREBLE DAMAGES. Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with this ordinance, except for conditions abated pursuant to the Cal. Health and Safety Code, § 17980, related to substandard buildings, the court may order the owner to pay treble the costs of the abatement. (Ord. MC-1449, passed 11-1-2017) § 8.18.063 PROTEST OF ABATEMENT COSTS. (A) The property owner may protest the cost of abatement by filing a written request for a hearing on the abatement costs with the Fire Chief or Director, whoever caused the nuisance to be abated, and the Fire Chief or Director shall cause a hearing to be set before the administrative hearing officer. At the time fixed for the hearing on the statement of abatement costs, the administrative hearing officer shall consider the statement and protests or objections raised by the person liable to be assessed for the cost of the abatement. (B) The hearing officer may revise, correct or modify the statement as the hearing officer considers just and thereafter shall confirm the cost. (C) The decision of the hearing officer shall be in writing and shall be served by mail. The decision of the hearing officer on the abatement costs shall be final. (D) Any appeal of the hearing officer’s decision shall be governed by Cal. Code of Civil Procedure, § 1094.6 or such section as may be amended from time to time. (Ord. MC-1449, passed 11-1-2017) § 8.18.065 COUNCIL ACTION. (A) If the property owner does not pay the cost of abating the nuisance within 30 calendar days after the cost becomes final or the hearing officer confirms the costs of abatement, the cost shall become a special assessment against the real property upon which the nuisance was abated. The assessment shall continue until it is paid, together with interest at the legal maximum rate computed from the date of confirmation of the statement until payment. The assessment may be Packet Page 681 Accumulation of Combustible and Non-Combustible Materials 39 collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. (B) The Director shall notify the property owner in writing of the property owner’s right to be publicly heard by City Council prior to City Council adopting a resolution assessing such unpaid costs of abatement as liens upon the respective parcels of land. The notice shall include the date, time and location of the public hearing. (C) The City Council shall adopt a resolution at a public hearing assessing such unpaid costs of abatement as liens upon the respective parcels of land as they are shown upon the last available assessment roll. (Ord. MC-1449, passed 11-1-2017) § 8.18.066 IMPOSITION OF SPECIAL ASSESSMENT LIEN AND NOTICE. (A) The City Clerk shall prepare and file with the County Auditor a certified copy of the resolution of the City Council assessing the costs of abatement as a lien on the land, adopted pursuant to § 8.18.065. (B) Notice of lien shall be mailed by certified mail to the property owner, if the property owner’s identity can be determined from the County Assessor’s or County Recorder’s records. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the Tax Collector for unpaid delinquent assessments. The Tax Collector’s power of sale shall not be affected by the failure of the property owner to receive notice. (C) The County Auditor shall enter each assessment on the county tax roll upon the parcel of land. The assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and procedure and sale in case of delinquency as is provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. The tax collector’s power of sale shall not be affected by the failure of the property owner to receive notice. (Ord. MC-1449, passed 11-1-2017) § 8.18.067 RECORD OF NUISANCE ABATEMENT LIEN. As an additional remedy, the Director may cause a nuisance abatement lien for costs related to abatements, other than dangerous building abatements, to be recorded with the County Recorder’s officerAssessor-Recorder-County Clerk, pursuant to the provisions of Cal. Gov’t Code, § 38773.1. (Ord. MC-1449, passed 11-1-2017) § 8.18.068 COLLECTION OF COSTS AND ATTORNEYS’ FEES PRIOR TO HEARING. The city may accept payment of any amount due at any time prior to the filing of a certified copy of the City Council resolution assessing the abatement costs with the County Auditor. (Ord. MC-1449, passed 11-1-2017) § 8.18.070 INVENTORY OF SALVAGEABLE MATTER. (A) When any of the matter referred to in § 8.18.010 or other materials have been removed from the yard, lot or premises pursuant to the abatement procedures set forth in §§ 8.18.050 and 8.18.060 and have been determined by the Director to be salvageable, the matter and materials shall be inventoried and held and retained by the Director for a period of at least 30 days after written notice that the Packet Page 682 San Bernardino - Health and Safety40 matter and materials are being held at a specified place for delivery to the owner thereof and a copy of the inventory has been served, by certified mail, to the last address of record, postage prepaid, or by personal delivery, upon the owner. (B) In the event the owner does not take possession of and remove at his or her own expense the matter and materials from the place where stored by the Director within 30 days after the service upon him or her, the city shall have a lien against the matter and materials for storage charges for the 30-day period, and the matter and materials shall thereafter be appropriated for the use of the city or disposed of or sold at public auction as follows. (1) Notice of such sale describing the matter and material in sufficient detail for its identification shall be published once by the Director at least five days before the time fixed for the sale in a regularly published newspaper of general circulation in the city. (2) The matter and materials offered for sale shall be sold to the highest bidder for cash; provided that the Director may, at his or her discretion, fix a minimum sale price and may refuse to sell unless the minimum price is offered. (3) Proceeds of the auction sale or sales shall be applied towards the cost of abatement of the nuisance and the remainder, if any, shall be deposited with the Department of Finance and Management Services, to be placed in the General Fund thereof; provided that in the event the costs of conducting the auction sale or sales and the storage charges, combined with the costs of abatement, are less than the proceeds, then the balance or difference between the costs and the total proceeds shall be refunded to the owner. (Ord. 3367, passed 8-22-1973; Ord. MC-344, passed 2-22-1984; Ord. MC-1449, passed 11-1-2017; Ord. MC-1625, passed 2-21-2024) § 8.18.080 URGENT PUBLIC NUISANCE - NOTICE TO PROPERTY OWNER. (A) If the Fire Chief or Director determines that a nuisance consisting of any or all matter referred to in § 8.18.010 constitutes an urgent public nuisance, he or she shall notify the owner or occupant of the lot or premises to abate the same, and if the nuisance is not abated within 48 hours after service or posting of notice and no appeal to the Fire Chief or Director is pending, then the Fire Chief or Director shall cause the lot or premises to be cleared of all such matter and the nuisance to be abated, and the expense of such clearing shall be a lien on the lot. (B) The notice given shall state that the finding of an urgent nuisance may be appealed to the City Clerk within 48 hours of receipt. If abatement is ordered upon appeal to the Fire Chief or Director, the abatement shall be completed within 48 hours of the decision. (C) In any case, the Fire Chief or Director may extend the time within which the nuisance is to be abated if abatement cannot be completed within 48 hours. The notice required under this section shall be in writing and shall be delivered to the owner at the address appearing in records of a title company or as may be known, except if the owner cannot be located after a reasonable, good faith effort, then notice may be delivered to the occupant of the premises or conspicuously posted on such lot or premises. If the owner does not reside within the city, the notice of nuisance may be sent by special delivery mail, and shall be effective 24 hours after mailing. Actual notice by telephone, supplemented by mailing, shall be effective as of the time of the telephoned notice. (D) The procedures to be followed with respect to the assessment of the expenses of abatement shall be the same as those set forth in § 8.18.060 and Chapter 8.30. (E)URGENT PUBLIC NUISANCE, as employed in this section, means a condition of property which is a menace to public health or safety or constitutes a fire hazard under conditions which would be judicially determined to be a nuisance per se or a nuisance in fact, or where the destruction or removal of the objectionable items is reasonably necessary under the circumstances to prevent immediate harm to the public. (Ord. 3367, passed 8-22-1973; Ord. MC-178, passed 7-7-1982; Ord. MC-241, passed 12-21-1982; Ord. Packet Page 683 Accumulation of Combustible and Non-Combustible Materials 41 MC-279, passed 6-21-1983; Ord. MC-1418, passed 10-5-2015; Ord. MC-1449, passed 11-1-2017) § 8.18.082 SUMMARY ABATEMENT OF NUISANCE PER SE WITHOUT NOTICE. (A) In cases where the Fire Chief of the Director finds the existence of a public emergency or threatening public calamity or where immediate action is essential, he or she may order the abatement of any or all matter referred to in § 8.18.010 without notice or hearing, and the expense of such abatement shall be a lien on the lot. (B) The matter referred to in § 8.18.010 which may be abated pursuant to this section shall be those things which are by the common or statute law declared to be nuisances per se, or which are in their very nature palpably and indisputably such. (C) The procedures to be followed with respect to the assessment of the expense of abatement shall be the same as those set forth in § 8.18.060 and Chapter 8.30. (Ord. MC-280, passed 6-21-1983; Ord. MC-1418, passed 10-5-2015; Ord. MC-1449, passed 11-1-2017) § 8.18.090 PENALTY FOR VIOLATION. Any person, partnership, firm or corporation, whether as principal, agent, employee or otherwise, interfering, obstructing or preventing or causing the interference, obstruction or prevention of or with the enforcement or performance of any of the provisions of this chapter by the Fire Chief, Director or other authorized person is guilty of a misdemeanor or an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 3367, passed 8-22-1973; Ord. MC-460, passed 5-15-1985; Ord. MC-1449, passed 11-1-2017) Packet Page 684 San Bernardino - Health and Safety42 Packet Page 685 CHAPTER 8.19: ABATEMENT OF FIRE HAZARDS AND HAZARDOUS TREES Section 8.19.010 Adoption by reference 8.19.020 Interpretation of County Weed Abatement Code as applied to city 8.19.030 Amendments, additions and deletions to County Weed Abatement Code 8.19.040 Remedies and penalties Editor’s note: This chapter is added by Ord. MC-1445, passed 5-15-2017. § 8.19.010 ADOPTION BY REFERENCE. Chapter 3 of Division 3 of Title 2 of the San Bernardino County Code, entitled “Abatement of Fire Hazards and Hazardous Trees” (§§ 23.0301 through 23.0319) (“County Weed Abatement Code”), is adopted by reference under the authority of Cal. Gov’t Code, §§ 50020 to 50022.9. (Ord. MC-1445, passed 5-15-2017) § 8.19.020 INTERPRETATION OF COUNTY WEED ABATEMENT CODE AS APPLIED TO CITY. Whenever “county,” “County of San Bernardino” or “unincorporated area of the County of San Bernardino” is used, it shall mean the City of San Bernardino unless a different geographical area is clearly indicated by the context. (Ord. MC-1445, passed 5-15-2017) § 8.19.030 AMENDMENTS, ADDITIONS AND DELETIONS TO COUNTY WEED ABATEMENT CODE. The County Weed Abatement Code, as adopted by § 8.19.010, is effective with the changes, additions and deletions as set forth in this section: § 23.0307 is amended to read as follows: For the purpose of enforcing this Chapter, the County Fire Chief/Fire Warden may designate any person as his or her deputy in the performance of the duties enjoined upon him or her by this Chapter. In addition, each of the following officers is hereby designated to perform the same duties within the City of San Bernardino. Whenever the term County Fire Chief/Fire Warden is used in this Chapter, the following officers are included in the meaning of such phrase, except that the County Fire Chief/Fire Warden shall coordinate all such officers in the performance of these duties: (a) The City of San Bernardino Code Enforcement Division Manager and their designees. (b) Other officers hereafter designated by the Mayor and City Council or the County Fire Chief/Fire Warden. (Ord. MC-1445, passed 5-15-2017) § 8.19.040 REMEDIES AND PENALTIES. (A) All remedies and penalties provided for in this chapter shall be cumulative and discretionary, and not exclusive, in accordance with this section and in the same manner as provided by § 11.0202 of the San 43 Packet Page 686 San Bernardino - Health and Safety44 Bernardino County Code. (B) All persons authorized to enforce the provisions of this chapter are authorized to conduct investigations and inspections in accordance with this section and in the same manner as provided by § 11.0203 of the San Bernardino County Code. (C) Each and every day, and any portion of which, any violation of this chapter is committed, continued or permitted shall be deemed a new and separate offense and shall be punishable or actionable as set forth in this section. (D) Whenever in this chapter any act or omission is made unlawful, it shall include causing, permitting, aiding or abetting such act or omission. (E) (1) It is unlawful for any person, firm, partnership, corporation or other entity (hereafter “person”) to violate any provision of this chapter constituting a public offense. Any person violating any such provision, unless as otherwise specified for certain sections, shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. (2) To any person so convicted, the following shall apply. (a) A first offense shall constitute an infraction offense and punished by a base fine not exceeding $100 and not less than $50. (b) A second offense within one year shall constitute an infraction offense and punished by a base fine not exceeding $200 and not less than $100. (c) The third and any additional offense within one year shall constitute either an infraction or a misdemeanor offense, and if it is an infraction offense, shall be punishable by a base fine not exceeding $500, or if a misdemeanor offense, punishable by up to six months in jail, and/or base fine not exceeding $1,000. (d) Any court costs that the court may otherwise be required to impose pursuant to applicable state law or local ordinance shall be imposed in addition to the base fine (Cal. Gov’t Code, § 25132). (e) Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor, punishable by up to six months in jail, and/or base fine not exceeding $1,000. (f) Payment of any fine or service of a jail sentence shall not relieve a person, firm, partnership, corporation or other entity from the responsibility of correcting the condition resulting from the violation. (F) Criminal citations shall be issued in the same manner and under the same authority as provided by § 11.0206(b) of the San Bernardino County Code. (G) All violations of this chapter may be subject to enforcement through the initiation of a civil action in accordance with this section and in the same manner and under the same authority as provided at § 11.0207 of the San Bernardino County Code. (H) As an alternative to the criminal or civil enforcement of this chapter, all violations of this chapter may be subject to enforcement through the use of administrative citations in accordance with Cal. Gov’t Code, § 53069.4 and this section, and in the same manner and under the same authority as provided at § 11.0208 of the San Bernardino County Code. (Ord. MC-1445, passed 5-15-2017) Packet Page 687 Abatement of Fire Hazards and Hazardous Trees 45 Packet Page 688 San Bernardino - Health and Safety46 Packet Page 689 CHAPTER 8.21: RESERVED (Repealed by Ord. MC-1232, passed 10-3-2006) 47 Packet Page 690 San Bernardino - Health and Safety48 Packet Page 691 CHAPTER 8.24: SOLID WASTE COLLECTION, REMOVAL, DISPOSAL, PROCESSING AND RECYCLING Section 8.24.010 Definitions 8.24.020 Authority of City Manager to make rules and regulations 8.24.030 Applicability 8.24.040 General provisions 8.24.050 Failure to pay 8.24.060 Storage and ownership 8.24.070 Nuisance 8.24.080 Scrap tires 8.24.090 Mandatory residential, commercial and multi-family recycling and organic recycling 8.24.095 Mandatory commercial edible food recovery 8.24.100 Construction and demolition debris recycling program 8.24.110 Containers 8.24.120 Illegal dumping 8.24.130 Enforcement 8.24.140 Forms, regulations and guidelines § 8.24.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADC or ALTERNATIVE DAILY COVER. Cover material used to cover compacted solid waste in a disposal site, other than at least six inches of earthen material, placed on the surface of the active face of the solid waste fill area at the end of each operating day to control vectors, fires, odors, blowing litter and scavenging, as defined in § 20164 of Title 27 of the California Code of Regulations, as may be amended from time to time. APPLICANT. Any individual, firm, limited liability company, association partnership, political subdivision, government agency, municipality, industry, public or private corporation or any other entity whatsoever who applies, or is required to apply, to the city for permit(s) to undertake a construction, demolition or renovation project within the city. BIN or BINS. Those two, three, four and six cubic yard containers provided by franchised hauler for the collection of solid waste. BULKY WASTE. Large and small household appliances, furniture, carpets, mattresses, white goods, brown goods, clothing, automobile tires and oversized yard waste such as tree trunks and large branches if no larger than two feet in diameter and four feet in length and similar large items, or any other solid waste item requiring special handling, discarded by residential customers. BULKY WASTE is a form of solid waste when discarded by the generator into the waste stream. The term BULKY WASTE does not include consumer electronics, such as televisions, radios, computers, monitors and the like, which are regarded as universal waste electronic devices, the disposal of which is governed by regulation of the Department of Toxic Substances Control. BYPRODUCTS. (1) All materials produced, developed or generated incidental to the operation of any business, which is not the principal object of production of such business, but which material, due to its nature, can be sold by the producer thereof at a price greater than the cost of hauling such material to the point of delivery or sale; (2) All material which, due to its nature, can be sold by the producer thereof, at the point of 49 Packet Page 692 San Bernardino - Health and Safety50 production, for valuable consideration; and (3) All such material as the City Manager designates as byproducts. CITY. The City of San Bernardino. CITY MANAGER. The City Manager of the City of San Bernardino, or his or her designee, including city employees or entities hired by the city to implement the requirements of this chapter. CITY PROJECT CONSTRUCTION AND DEMOLITION (C&D) WASTE POLICY. The city’s standards for recycling C&D waste from landfills for city contracted projects, set forth in a resolution of the Mayor and CommonCity Council. COMMERCIAL. Premises in the city, other than residential and city premises, where solid waste is generated or accumulated. The term COMMERCIAL includes, but is not limited to, stores; offices; restaurants; rooming houses; hotels; motels; industrial and manufacturing processing or assembly shops or plants; hospitals, clinics, convalescent centers and nursing homes (non-medical waste). COMMERCIAL FACILITY. All retail, professional, office, wholesale and industrial facilities and other commercial enterprises offering goods or services and multi-family dwelling units located within the boundaries of the city. COMMERCIAL GENERATOR. A commercial facility or business which generates garbage, organic waste or recyclable materials as a result of its business, commercial facility or property activity. COMMERCIAL GENERATOR also means any multi-family residential property of four or more units and multi-family residential properties under four units that share solid waste collection services. COMMERCIAL GENERATOR may also include tenants, property managers for facilities with leased space, employees and contractors of commercial generator. COMMERCIAL GENERATOR also includes the city, its facilities and its non-residential properties. CONSTRUCTION. The act of assembly, erection, demolition, addition, alteration or remodel and similar and related activities, of any facility, structure, improvement or any portion thereof or appurtenance thereto. CONSTRUCTION AND DEMOLITION DEBRIS or C&D WASTE or C&D. Commonly used or discarded materials removed from construction, remodeling, repair, demolition or renovation operations on any pavement, house, commercial building or other structure, or from landscaping. Such materials include, but are not limited to, byproducts, dirt, sand, rock, gravel, bricks, plaster, gypsum wallboard, aluminum, glass, asphalt material, plastics, roofing material, cardboard, carpeting, cinder blocks, concrete, copper, electrical wire, fiberglass, formica, granite, iron, lead, linoleum, marble, plaster, plant debris, pressboard, porcelain, steel, stucco, tile, vinyl, wood, masonry, rocks, trees, remnants of new materials, including paper, plastic, carpet scraps, wood scraps, scrap metal, building materials, packaging and rubble resulting from construction, remodeling, renovation, repair and demolition operations on pavement, houses, commercial buildings and other structures. CONSTRUCTION AND DEMOLITION DEBRIS does not include exempt waste. CONSTRUCTION AND DEMOLITION (C&D) DIVERSION REQUIREMENT. The minimum percentage of C&D for each project to be diverted from landfills, as set forth in a resolution of the Mayor and CommonCity Council. CONSTRUCTION AND DEMOLITION (C&D) WASTE RECYCLING AND DISPOSAL REPORT SUMMARY. A form submitted by the applicant or any covered project after completion of a project. The documentation shall include actual data of tonnage of materials recycled and diverted, supported by originals or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, contractors and/or landfill and disposal companies. CONSTRUCTION CONTRACTOR. Any state licensed construction contractor performing construction at a job site. CONSTRUCTION CONTRACTOR includes the general contractor and Packet Page 693 Solid Waste Collection, Removal, Disposal, Processing and Recycling 51 any subcontractors at the site. A person or company employed, whether for a fee or otherwise, to haul recyclable materials and C&D waste generated by a CONSTRUCTION CONTRACTOR is not a CONSTRUCTION CONTRACTOR for purposes of this chapter. COUNTY HEALTH OFFICER. The San Bernardino County Health Department’s designee who serves to advise and lead a team of professionals on matters of public health importance. COVERED PROJECT. Any project that meets or exceeds the COVERED PROJECT threshold set forth by resolution of the Mayor and CommonCity Council. CONTAINER. Any heavy plastic or galvanized metal box, can, cart, barrel, bin, hopper, roll off, compactor or similar type container used for the accumulation of garbage, recyclable materials, organic waste or C&D. CUSTOMER. The owner and/or occupant of any property within the city that is required to participate in the city’s solid waste collection programs. DEMOLITION. The decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior. DIVERT or DIVERSION. A reduction of the amount of waste being disposed in landfills by any of the following methods: (1) On-site re-use of the materials/waste; (2) Delivery of the waste from the site to a recycling facility; or (3) Other methods as approved by the City Manager. DUMP. To throw or deposit litter and other solid waste items in or upon any street, sidewalk or other place within the city, except the placement of litter and other solid waste items in proper containers for collection. E-WASTE. Any electronic product nearing the end of its useful life and includes, but is not limited to, computers and their components, televisions, VCRs, stereos, copiers and fax machines. ENFORCEMENT OFFICER. Any individual appointed by City Manager of the City of San Bernardino, or his or her designee, who has authority to issue criminal or administrative citations pursuant to Chapters 9.90, 9.92 and 9.93. EXEMPT WASTE. Hazardous waste, sludge, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines and those wastes under the control of the Nuclear Regulatory Commission. FOOD WASTE. Food scraps and trimmings from food preparation, including, but not limited to: meat, fish and dairy waste; fruit and vegetable waste; grain waste; incidental food packaging; and incidental food soiled paper products. FRANCHISED HAULER. A hauler holding a franchise, contract, license or permit issued by the city which authorizes the exclusive or non-exclusive right to provide solid waste handling services within all or part of the jurisdictional boundaries of the city. GARBAGE. All solid waste that is not otherwise recyclable material or organic waste and to normal activities of a solid waste generator. GARBAGE must be generated by and at the premises wherein the GARBAGE is collected. GARBAGE does not include recyclable materials, organic waste, construction and demolition debris, bulky waste, E-waste, universal waste, hazardous waste, household hazardous waste or exempt waste. GENERATOR. Any commercial generator or residential generator of solid waste. HAZARDOUS WASTE. Any material which is defined as a hazardous waste under California or United States law or any regulations promulgated pursuant to such law, as such as local, state or federal law or regulations may be amended from time to time. HEARING OFFICER. Any individual appointed Packet Page 694 San Bernardino - Health and Safety52 by the City Manager of the City of San Bernardino, or his or her designee, to hear the appeal on a determination of a nuisance. HOUSEHOLD HAZARDOUS WASTE. Dry cell household batteries, cell phones and PDAs; used motor oil; used oil filters when contained in a sealed plastic bag; cooking oil; compact fluorescent light bulbs contained in a sealed plastic bag; E-waste; cleaning products, pesticides, herbicides, insecticides, painting supplies, automotive products, solvents, strips and adhesives; auto batteries; and universal waste. JOB SITE. A location at which solid waste and C&D waste are generated by a construction contractor. OCCUPANT. Every owner of, and every tenant or person who is in possession of, is the inhabitant of or has care and control of a residence or commercial building. For the purpose of this definition, a residence or commercial building shall be presumed to be inhabited if gas, electric, telephone and water utility service is being furnished thereto. OCCUPIED PREMISES are occupied when a person or persons take or hold possession of the premises for permanent or temporary use. For the purposes of determining whether a premises is occupied during periods when solid waste collection service is made available to such premises, occupancy shall be presumed unless evidence is presented that electric services were not being provided to the premises during such periods. ORGANIC WASTE. Organic waste and food waste. ORGANIC WASTE is a form of solid waste when discarded into the waste stream. ORGANIC WASTE includes, but is not limited to, the following: (1) Plant material (branches, grass clippings, natural Christmas trees, palm fronds, leaves, shrubbery, tree trimmings, weeds); (2) Wood (non-toxic wood products without paint and foreign objects of appropriate size for the container); (3) Food waste (cooked and uncooked food matter, incidental food packaging and incidental food soiled paper products for commercial customers); and (4) Byproducts. PERSON. Any natural person, individual, firm, limited liability company, partnership, public or private corporation or association or any other entity whatsoever. PROJECT. Any activity that requires an application for a building or demolition permit from the city. RECYCLABLE C&D. All C&D waste that is used within any of the following categories: (1) Masonry building materials, including, but not limited to, asphalt, concrete, rock, stone and brick; (2) Wood materials, including any and all dimensional lumber, fencing or construction wood that is not chemically treated, creosoted, CCA pressure treated, contaminated or painted; (3) Vegetable materials, including trees, tree parts, shrubs, stumps, logs, brush or any other type of plants that are cleared from a site as part of the project; (4) Metals, including all metal scrap, such as, but not limited to, pipes, siding, window frames, door frames and fences; (5) Roofing materials, including wood shingles as well as asphalt, stone and slate based roofing material; (6) Salvageable materials includes all salvageable materials and structures, including, but not limited to, wallboard, doors, windows, fixtures, toilets, sinks, bath tubs and appliances; and (7) Any other C&D waste that is non-hazardous and available for recycling or reuse. RECYCLABLE MATERIALS. A part of the waste stream that can be reused or processed into a form suitable for reuse through reprocessing or Packet Page 695 Solid Waste Collection, Removal, Disposal, Processing and Recycling 53 remanufacture, consistent with the requirements of AB 1989 Assembly Bill 939, being codified in part at Cal. Public Resources Code, Division 30, commencing with § 40000. RECYCLABLE MATERIALS includes, but is not limited to, the following: (1) Plastics (all numbered plastics); (2) Metals (aluminum cans, aluminum foil, empty aerosol cans, pie tins, tin cans); (3) Fiber materials (cardboard, cereal boxes, envelopes, file folders, frozen food boxes, junk mail, magazines, mixed paper, office paper, newspaper, telephone books, white paper); (4) Glass (all colors of glass jars and bottles, except light bulbs, mirror and window glass); and (5) Byproducts. RECYCLING. The process of collecting, sorting, cleansing, treating and reconstituting divertible solid waste and returning them for use or reuse in the form of raw materials for new, used or reconstituted products which meet the quality standard necessary to be used in the market place. RECYCLING does not include transformation, as defined in Cal. Public Resources Code, § 40201. RECYCLING FACILITY. A recycling, composting, materials recovery or reuse facility that has obtained all applicable federal, state and local licensing, certification and permitting and that is operating in full compliance with all applicable regulations. The City Manager shall maintain a list of approved facilities for reference by the applicant. The applicant may use an unlisted facility of his or her choice if the applicant, prior to beginning a project, provides documentation demonstrating that the unlisted facility qualifies as a RECYCLING FACILITY under this definition. RENOVATION. Any change, addition or modification in an existing structure. RESIDENCE or RESIDENTIAL. Any and all dwelling units, as defined in the Land Use Zoning Ordinance of the City of San Bernardino, and other buildings used for residential or dwelling purposes. RESIDENTIAL GENERATOR. An owner, tenant or resident of any residential property which generates garbage, organic waste or recyclable materials as a result of occupancy or property activity, including all generators not otherwise meeting the definition of commercial generator. RESPONSIBLE PARTY. The individual or entity responsible for the generator’s management of solid waste at the generator’s commercial facility, business or non-residential property. ROLL-OFF. A metal container that is normally loaded onto a motor vehicle and transported to an appropriate facility. SALVAGE. The controlled removal of C&D waste from a project site for the purpose of recycling, reuse or storage for later recycling or reuse. SECURITY DEPOSIT. The cash or cash equivalent deposit required as security for all covered projects. The amount of the SECURITY DEPOSIT shall be set forth in a resolution of the Mayor and CommonCity Council. SELF-HAUL. When a responsible party collects recyclable materials and/or organic waste materials at their place of business for the purpose of hauling those materials in their own vehicles to a permitted recycling or organic waste processing facility in compliance with the requirements of this chapter. SELLER. Any person, business, corporation, partnership or any other business entity that engages in the sale and/or exchange of new and/or used tires as a regular part of their business, including, but not limited to, wholesale and retail tire dealers, automotive service centers, automotive repair centers, new and used automotive dealers, new and used automotive parts vendors and automotive dismantlers. SHARPS. Needles, scalpels, blades, broken medical glass, broken capillary tubes and ends of dental wires. Packet Page 696 San Bernardino - Health and Safety54 SLUDGE. The accumulated solids, residues and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies or similar disposal appurtenances or any other such waste having similar characteristics or effects. SPECIAL SERVICES. Any solid waste or solid waste related services that are not provided in the city’s normal course of solid waste related services, including, but not limited to, pick-up service for bulky waste, container repair, container exchange and/or replacement, roll-out service and additional unscheduled collection. SOLID WASTE. Any materials defined as SOLID WASTE by Cal. Public Resources Code, § 40191, and specifically includes, without limitation, C&D waste, recyclable materials, organic waste, bulky waste, byproducts and all other non-hazardous materials, excluding universal waste, that are discarded into the waste stream by the generator, or collected in exchange for a fee or any other consideration, regardless of form or amount. SOLID WASTE COLLECTION SERVICES. The collection, transportation, processing, recycling, composting, conversion, retention and disposal of all garbage, organic waste (including commercial organic waste, food waste and organic waste), recyclable materials, construction and demolition debris, bulky waste, household hazardous waste and universal waste, produced, generated and/or accumulated within the city. TENANT. Any person or persons, other than the owner, occupying or in possession of a premises. UNIVERSAL WASTE. Includes, but is not limited to, “universal waste electronic devices” or “UWEDs,” (i.e., electronic devices subject to the regulation of the Department of Toxic Substances Control, 2322 CCR §§ 66273.1 et seq.), and other universal wastes, including, but not limited to, non-empty aerosol cans, fluorescent tubes, high intensity discharge lamps, sodium vapor lamps and any other lamp exhibiting a characteristic of a hazardous waste, batteries (rechargeable nickel-cadmium batteries, silver button batteries, mercury batteries, small sealed lead acid batteries (burglar alarm and emergency light batteries) alkaline batteries, carbon-zinc batteries and any other batteries which exhibit the characteristic of a hazardous waste), mercury thermometers and mercury containing switches. (Ord. MC-1431, passed 11-10-2016) § 8.24.020 AUTHORITY OF CITY MANAGER TO MAKE RULES AND REGULATIONS. The City Manager shall have the authority to make reasonable rules and regulations concerning the storage, collection, transportation and disposal of solid waste by persons as he or she shall find necessary and to place additional limitations not specifically addressed herein on types and quantities of waste which may be placed in containers when the City Manager determines that such rules and regulations are necessary to protect the health and safety of the general public or city employees, or to comply with state or federal law or regulations. (Ord. MC-1431, passed 11-10-2016) § 8.24.030 APPLICABILITY. The chapter shall apply to all users of the city’s solid waste services within the city and to users outside the city who are, by permit, contract or agreement with the city, users of the city’s solid waste collection services or are conducting business or activities within the city which fall under the provisions of this chapter. (Ord. MC-1431, passed 11-10-2016) Packet Page 697 Solid Waste Collection, Removal, Disposal, Processing and Recycling 55 § 8.24.040 GENERAL PROVISIONS. (A)Provision of solid waste services. (1) Solid waste related activities within the city shall be performed under the direction of the City Manager, and for such purposes, the city may use city personnel, enter into contract agreements with private hauling firms or approve franchise agreements to perform such activities. Solid waste enterprises operating pursuant to such a contract or franchise agreement shall meet the terms, rates, standards and services specified in the contract or franchise agreement. However, the City Manager may authorize any person to collect, remove and disperse garbage, recyclable materials and organic waste under such terms, conditions and limitations deemed necessary in the interests of the public health, safety and welfare. (2) No person, solid waste enterprise or the agents, servants or employees thereof shall provide solid waste collection services within the city without approval, which shall be issued only on a vote of the CommonCity Council. All recycling, organic waste and garbage collections shall be made as quietly as possible, and the City Manager may fix and determine the hours for collection. (3) Except as expressly called out in the franchise agreement, the franchised hauler is granted the exclusive franchise, duty, right and privilege to collect, transfer, transport, recycle, process and dispose of garbage, organic waste and recyclable materials generated within the boundaries of city subject to the terms and conditions set forth in the franchise agreement. (B)Subscription required. The property owner or tenant of each occupied premises shall have at least the minimum level of solid waste collection service made available to that premises by the franchised hauler, as specified in the franchise agreement between the city and the franchised hauler. At its discretion, the city may require a higher level of solid waste collection service if the current level of service is deemed insufficient. The charges for solid waste collection service rendered or made available shall be paid for all periods of time during which the premises are occupied, regardless of whether or not the owner or tenant has any solid waste to be collected on any particular collection date during such occupancy. Nothing in this chapter is intended to prevent an arrangement, or the continuance of an arrangement, under which payments for solid waste collection service are made by a tenant or tenants, or any agent or other person, on behalf of the owner. However, any such arrangement will not affect the property owner’s obligation to pay for solid waste collection service as provided herein. (C)Commencement of solid waste collection service. The property owner or tenant shall commence solid waste collection service within seven days after occupancy of a premises, or portion thereof. In the event service is not initiated within such period of time, the City Manager may give written notice to the owner or tenant that solid waste collection service is required. If service is not initiated by the property owner or tenant within seven days after the date of mailing the notice, the City Manager shall authorize the franchised hauler to begin and continue providing the minimum level of solid waste collection service to such premises and the service shall be deemed to have been made available as of the date of such authorization. (D)Charge for solid waste collection service. Any and all charges for solid waste collection service shall be set forth in the franchise agreement, contract or the collection service agreement between the city and its franchised hauler. (E)Special services. Customers requiring special services shall contact the franchised hauler to arrange for such service. Charges for such special services shall be set forth in the franchise agreement. (F)Exemption from service. Any customer may make an application for exemption from solid waste collection services on the basis that a developed Packet Page 698 San Bernardino - Health and Safety56 property is unoccupied, and that no garbage, organic waste or recyclable materials shall be placed or offered for collection by the city or its authorized franchised hauler from such property. The City Manager may temporarily exempt such property from participation in the city’s solid waste collection program for the limited period while the property is unoccupied; provided that any such statement or representation shall be made in affidavit form, fully sworn to by the person making such statement or representation and filed with the City Manager. An exemption shall be valid only for the time that the statements made in the affidavit continue to be true. Any violation of provisions of the exemption shall result in termination of the exemption and shall require the customer to subscribe to the solid waste collection services in accordance with this chapter. (G)City Manager may restrict self-haul. Nothing in this chapter is intended to prevent residents, that subscribe and pay for solid waste collection services with the franchised hauler, from self-hauling garbage, recyclable materials or organic waste to permitted solid waste facilities, and other solid wastes (excluding garbage, recyclable materials and organic waste) in excess of their normal subscription level to facilities that accept and responsibly process those materials, as may be necessary from time to time. However, the City Manager may restrict or prohibit self-hauling by individual generators if the City Manager determines, after providing notice and an opportunity for a hearing, that the generator’s self-hauling activities violate the provisions of this chapter or any other applicable law or regulation. (H)Organics prohibited from use as alternative daily cover. Pursuant to the provisions of 2014 Assembly Bill 1594 (AB 1594, which amended the Cal. Public Resources Code, §§ 40507 and 41781.3), the franchised hauler, and any generators who self-haul organic waste, may not direct their organic waste for use as ADC. If the City Manager determines that the franchised hauler or any other generator has directed any organic waste for use as ADC, the City Manager will notify the franchised hauler or generator of the requirements of this provision. Repeated instances of directing organic waste for use as ADC may result in enforcement action as per § 8.24.130. (Ord. MC-1431, passed 11-10-2016) § 8.24.050 FAILURE TO PAY. (A)Failure to pay for solid waste collection service. The franchised hauler shall be entitled to payment from the property owner, tenant or any other subscribing person on behalf of the property owner for any services rendered or to be rendered. Solid waste collection service shall not be discontinued for residential customers by reason of any failure to pay the charges for such service. The franchised hauler may temporarily suspend services if a commercial customer has been delinquent in payment for a period of at least 45 days in accordance with the terms of the franchise agreement. (B)Notification of delinquency. (1) Customers (owners or tenants) who have not remitted required payment within 45 days after the date of billing shall be notified by the franchised hauler on forms that contain a statement that if payment is not received within 15 days from the date of the notice, the delinquent and unpaid charges, including a 10% penalty and 1.5% monthly interest, may be placed on the county annual secured property tax rolls and that any amount owing would then become a lien on the property. Contractor shall provide such notice to customers via U.S. mail to the current billing address on file. (2) All notices pursuant to this division (B) shall be made to the property owner, if the property owner is the subscriber, or else to the property owner and tenant or any other subscribing person on behalf of the property owner. The form of delinquency notice shall be approved by the City Manager. (C)Assignment of delinquent account. In the event the bill for solid waste collection service, together with any late charge thereon, is not paid in full within 30 days after the date of mailing the notice of delinquency to the property owner and tenant pursuant to division (B) below, the franchised hauler may assign such bill to the city for collection through the initiation of lien and special assessment Packet Page 699 Solid Waste Collection, Removal, Disposal, Processing and Recycling 57 proceedings. The assignment shall include the name and address of the property owner and tenant, the assessor’s parcel number of the premises, the period of solid waste collection service covered by the bill, the amount owed for such service, the amount of any late charge and such other information as requested by the City Manager, together with a copy of the notices of delinquency mailed or otherwise delivered to the property owner and tenant with proof of service. (D)Initiation of special assessment and lien. Upon the city’s receipt of the assignment from the franchised hauler, the City Manager shall prepare a report of delinquent solid waste collection service charges and initiate proceedings to create a special assessment and lien on the premises to which the solid waste collection service was provided. The City Manager shall fix a time, date and place for an administrative hearing by the City Manager to consider any objections or protests to his or her report. (E)Notice of administrative hearing on special assessment and lien. The City Manager shall send written notice of the administrative hearing to the property owner and tenant of the premises against which the special assessment and lien will be imposed at least ten days prior to the hearing date. The notice shall be mailed to each person to whom such premises is assessed in the latest equalized assessment roll available on the date the notice is mailed, at the address shown on said assessment roll or as known to the City Manager. A copy of the notice shall also be mailed to the franchised hauler. Said notice shall set forth the amount of delinquent solid waste collection service charges, the amount of any late charge thereon and shall inform the recipient of the possible levy of a special assessment and lien on the premises and administrative charges as provided in this division. Said notice shall also inform the property owner and tenant of the time, date and place of the administrative hearing and the subsequent public hearing to be conducted by the CommonCity Council, include a link to the webpage on which the administrative hearing order and final report in division (F) below will be posted and advise the property owner and tenant of his or her right to appear at both the administrative hearing and the public hearing to state his or her objections to the report or the proposed special assessment and lien. (F)Administrative hearing on special assessment and lien. At the time and place fixed for the administrative hearing, the City Manager shall hear and consider any objections or protests to his or her report. The City Manager may correct or modify the report as he or she deems appropriate, based upon the evidence presented at the hearing, and shall post a copy of the decision on the city website. The City Manager shall thereupon submit a final report to the CommonCity Council for confirmation and shall post a copy of such final report on the city website. (G)Public hearing on special assessment and lien. The CommonCity Council shall conduct a public hearing to consider the City Manager’s final report at the time and place set forth in notice described in division (E) above. At such hearing, any interested person shall be afforded the opportunity to appear and present evidence as to why the final report, or any portion thereof, should not be confirmed. The CommonCity Council’s review shall be limited to the administrative record and evidence presented at the City Manager’s administrative hearing. The CommonCity Council may adopt, revise, reduce or modify any charge shown in the final report or overrule any or all objections as it deems appropriate, based upon the evidence presented at the hearing. If the CommonCity Council is satisfied with the final report as rendered or modified, the CommonCity Council shall confirm such final report by resolution. The decision by the CommonCity Council on the final report and any objections or protests thereto shall be final and conclusive. (H)Recording of lien. Upon confirmation by the CommonCity Council of the final report, the City Manager shall cause to be recorded in the office of the Recorder for the County of San Bernardino, a lien against each premises described in the final report for the amount of delinquent solid waste collection service charges and late charges as confirmed by the CommonCity Council by resolution. The lien shall also include such additional administrative charges as established by resolution of the CommonCity Council. All affected property owners shall be notified by the City Manager that the delinquent solid waste collection service charges, late charges and administrative charges are due and payable to the city and that said lien has been recorded. Packet Page 700 San Bernardino - Health and Safety58 (I)Levy of special assessment. Upon confirmation by the CommonCity Council of the City Manager’s final report, as rendered or modified, the delinquent solid waste collection service charges, late charges and administrative charges contained therein shall constitute a special assessment levied upon the premises against which such charges have been imposed. The City Manager shall file a copy of the final report, together with a certified copy of the resolution by the CommonCity Council confirming the same, with the tax collector for the county with instructions to enter the delinquent solid waste collection service charges, late charges and administrative charges as special assessments against the respective premises described in the City Manager’s lien report. The tax collector shall include such special assessment on the next regular bill for secured property taxes sent to the property owner. (J)Collection of special assessment. The special assessment shall be collected at the same time in the same manner and frequency and by the same persons as ordinary municipal taxes, and shall be subject to the same interest and penalties and the same procedure of sale as provided for delinquent ordinary municipal taxes. The special assessment shall be subordinate to all existing special assessment liens previously imposed upon the premises and paramount to all other liens except those for state, county and municipal taxes, with which it shall be upon parity. Each special assessment shall continue until all of the delinquent solid waste collection service charges, late charges and administrative charges due and payable thereon are paid in full. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment. (Ord. MC-1431, passed 11-10-2016; Ord. MC-1612, passed 3-15-2023) § 8.24.060 STORAGE AND OWNERSHIP. (A)Sufficient container capacity and storage of containers. All persons occupying or maintaining any premises within the city where garbage, organic waste and recyclable materials are created, produced or accumulated shall maintain sufficient standard containers for receiving and holding all garbage, organic waste and/or recyclable materials which are produced, created or accumulated on such premises. No containers shall be allowed to be stored in the public streets or rights-of-way. Except on days established for collection, all solid waste containers shall be placed out of sight of the public right-of-way, except for temporary containers, as described below. Containers may be stored in alleys but must not cause obstruction for emergency, solid waste collection or other vehicles. Containers may be temporarily stored in public streets or rights-of-way. In commercial areas of the city that have limited space for the placement of containers, upon written request of the property owner or occupant, the city may allow the bins or carts as provided by the franchised hauler to be placed in public parking lots expressively for the purpose of normal weekly collection by the franchised hauler. (B)Design review. The design of any new, substantially remodeled or expanded building or other facility shall provide for proper storage of garbage, organic waste and recyclable materials and which will allow for efficient and safe waste removal or collection. The design shall be submitted for approval to the Development Environmental Review Committee and shall meet all applicable regulations. (C)Ownership of solid waste materials. All solid waste placed in containers provided by any franchised hauler for collection shall be considered owned by and be the responsibility of the franchised hauler. All materials placed in containers provided or owned by the generator shall be considered owned by and be the responsibility of that generator until the material is placed at a franchised hauler’s designated point of collection and in containers described in § 8.24.010. The occupant, business owner, or his or her authorized agent, may retrieve or remove any materials from the container, prior to collection. (D)Unlawful collection. It shall be unlawful for any person to engage in the business of collecting, removing or transporting, or otherwise organize or direct the collection, removal or transportation, of recyclable materials without being a franchised hauler. Nothing in this chapter limits the right of any person to donate or sell his or her recyclable materials, including to recognized non-profit charitable organizations conducting fundraising events for a public purpose. No cost or fees of any sort, including Packet Page 701 Solid Waste Collection, Removal, Disposal, Processing and Recycling 59 those for hauling services or use of containers, may be charged. Additionally, containers provided by the franchised hauler may not be used for the storage of recyclable materials that the occupant intends to donate, sell or otherwise dispose of through a party other than the franchised hauler. (E)Posting of signs. Signs which state, in both English and Spanish, that removal of recyclable materials from containers is illegal and punishable by a fine of up to $1,000 or up to six months in jail, or both, shall be posted at each of the following locations: (1) On all commercial recycling bins; (2) At the entrance to buy-back centers; and (3) Vending machine-type containers located within the city. (Ord. MC-1431, passed 11-10-2016) § 8.24.070 NUISANCE. (A)Nuisance prohibited. No person shall accumulate solid waste in any amount that creates a nuisance. If accumulation of solid waste creates a nuisance, the City Manager may require a more frequent collection schedule and/or removal of the accumulated solid waste. Furthermore, the following apply. (1) Putrescible solid waste, including garbage and organic waste, shall not be allowed to remain on the premises for more than seven days. (2) The occupant of any property may not dispose of solid waste on his or her property (with the exception of organic wastes that are composted on-site via backyard composting). (3) No person shall throw or deposit or cause to be thrown or deposited any solid waste upon any premises whatsoever except at permitted solid waste facilities (for garbage and organic waste) or facilities that accept and responsibly process other solid wastes (excluding garbage and organic waste). (4) It is unlawful for any person to burn, or cause to be burned, any solid waste within the city. (5) It is unlawful for any person to dispose of any burning ash or embers in solid waste containers. (6) It is unlawful for any person to place in any container identified for recyclable materials or organic waste any material that would inhibit its ability to be recycled or composted. Containers set aside for recyclable materials or organic waste shall be used only for recyclable materials or organic waste and no other materials. (7) No person shall place or deposit in any garbage, recycling or organic waste container for collection pursuant to the provisions of this chapter any unbroken and exposed hypodermic needles, medicines, pills, poisons, caustic acids, explosives or similar dangerous substances which may cause human injury or harm. (8) No person shall place or deposit in any garbage, recycling or organic waste container for collection pursuant to the provisions of this chapter wearing apparel, bedding or other articles from any home or place where any infectious or contagious disease has prevailed. The occupant of any premises where an infectious or contagious disease has prevailed shall forthwith notify the county health officer and shall dispose of such articles in accordance with his or her directions. (9) No person shall place or deposit in or upon any container or container within the city any E-waste, but shall deposit such E-waste with an authorized recycler of E-waste products. (B)Containers must be covered and kept clean. All solid waste set out by generators on the street or other designated location for collection by the franchised hauler shall be placed in covered containers. No container shall be loaded beyond its capacity. It shall be the responsible parties’ responsibility to keep the containers used for the storage and collection of solid waste material generated on the premises in a clean and sanitary condition. No material or containers shall be kept or Packet Page 702 San Bernardino - Health and Safety60 handled in such a manner as to become a nuisance. No solid waste shall be allowed to become odoriferous or a producer of vermin. Lids on containers shall remain closed at all times while stored or placed for collection. (C)Damage to or removal of containers. It is unlawful for any person to mar, injure, damage or destroy, or to take or remove any container furnished or provided pursuant to this chapter. (D)Hauling and transport. No generator, self-hauler or franchised hauler shall transport solid waste over any public street, alley, right-of-way or parking plaza unless solid waste is contained and covered in such a manner as to prevent the dropping or spilling of any solid waste, litter or liquid upon the public street, alley, right-of-way or parking plaza. (Ord. MC-1431, passed 11-10-2016) § 8.24.080 SCRAP TIRES. (A)Disposal of scrap tires. (1) Every seller of new or used tires within the city upon request by an authorized agent or employee of the city must demonstrate that each such tire has been disposed of properly by one of the following methods: (a) Manifest provided by a state-permitted waste tire hauler company; and (b) Any alternative methods formally approved by CalRecycle. (2) The city shall provide copies of manifest forms to any seller of new or used tires within the city upon request from the seller to the city. Any seller of new or used tires within the city who cannot adequately demonstrate to City Manager that each whole tire was disposed of properly by one of the above methods shall be in violation of this chapter and subject to civil and/or criminal prosecution by the city. (B)Penalty for unlawful disposal of whole tires. (1) It shall be unlawful to dispose of whole tires in any of the following manners within the city: (a) Placement of whole tires in or around any regular commercial, industrial or residential container within the city. A residential customer may contact the franchised hauler to arrange for on-call collection of up to two whole tires twice per calendar year, with a maximum of four tires per calendar year; and (b) Placement of whole tires on any public or private property within the city, unless said property is a registered waste tire facility as set forth in Cal. Public Resources Code, §§ 42800 to 42859 et seq.42855. (2) Any seller of new or used tires within the city who willfully and knowingly places whole tires in or around any regular commercial, industrial or residential solid waste container within the city or along any public or private property, or who allows or directs another party to willfully and knowingly place whole tires in any regular commercial, industrial or residential container within the city or along any public or private property, shall be guilty of a violation of this chapter, and subject to civil and/or criminal prosecution by the city. (C)Posting of notice. Every seller of new or used tires within the city must post the following notice: “NOTICE: Every tire left with this facility for disposal is assessed a surcharge established by California Public Resources Code 42885. This surcharge is for the costs of disposal and for development of new uses for scrap tires. Other charges may also be imposed by this operator to cover actual disposal or recycling costs. In order to prevent the illegal disposal of used tires within the City of San Bernardino, if you elect to keep your used tires for private use or disposal, you will be required to sign a Certificate of Removal stating the number of tires that you removed, your name, address and California Driver’s License Number. This information will be Packet Page 703 Solid Waste Collection, Removal, Disposal, Processing and Recycling 61 furnished to the City of San Bernardino. Illegal disposal of whole tires is a violation of Chapter 8.24.080 of the City of San Bernardino Municipal Code, and may result in fines and penalties.” (Ord. MC-1431, passed 11-10-2016) § 8.24.090 MANDATORY RESIDENTIAL, COMMERCIAL AND MULTI-FAMILY RECYCLING AND ORGANIC RECYCLING. (A)All solid waste generators responsible for compliance. Each generator shall be responsible for ensuring and demonstrating its compliance with the requirements of this chapter. (B)Recycling and organics collection required. Each generator shall subscribe to a level of service with the franchised hauler that is sufficient to handle the volume of recyclable materials and organic waste generated or accumulated on the premises. Additionally, each generator shall ensure the proper separation of solid waste, as established by the franchised hauler, by placing each type of material in designated containers or containers, and ensure that employees, contractors, volunteers, customers, visitors and other persons on site conduct proper separation of solid waste. (C)Implementation. (1) Each generator shall use containers provided by the franchised hauler to collect and store recyclable materials and organic waste, and shall designate areas to collect and/or store these materials. Each generator shall prominently post and maintain one or more signs in maintenance or work areas or common areas where recyclable materials and organic waste are collected and/or stored that specify the materials to be recycled and how to recycle such material. The city shall notify and instruct generators in writing of applicable recycling and organic waste requirements. Upon request by generators, the city will also provide outreach and training to commercial generator employees and tenants regarding what materials are required to be recycled and how to recycle such material. (2) Additionally, the following apply. (a) The City Manager shall annually work with the franchised hauler to identify generators subject to the requirements in this chapter. (b) The City Manager shall review franchised hauler data to confirm whether all commercial generators are compliant with the requirements of this chapter by reviewing subscription levels of garbage, organic waste and recycling collection services. Those generators who do not subscribe to the required collection services with the franchised hauler will be notified of the requirement to subscribe organic waste and recyclable materials. (c) The City Manager shall work with the franchised hauler to conduct site visits with select commercial generators each year, covering all commercial generators every five years, in order to document whether generators participate in the required recycling and organic waste collection programs (not just subscribe) and are, therefore, in compliance with the requirements of this chapter. (d) The City Manager shall annually work with any non-compliant generators in order to bring them into compliance with the requirements of this chapter by providing outreach, education and technical assistance to facilitate compliance. (e) All generators shall be responsible for ensuring and demonstrating compliance with the requirements of this chapter within 30 days of notification of non-compliance. Failure to demonstrate compliance with the requirements of this chapter shall be cause for enforcement. (Ord. MC-1431, passed 11-10-2016; Ord. MC-1566, passed 12-1-2021) § 8.24.095 MANDATORY COMMERCIAL EDIBLE FOOD RECOVERY. (A)Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. COMMERCIAL EDIBLE FOOD Packet Page 704 San Bernardino - Health and Safety62 GENERATOR. Includes a tier one or a tier two commercial edible food generator, as defined below. DESIGNEE. An entity that the city contracts with or otherwise arranges to carry out any responsibilities of this chapter. A DESIGNEE may be a government entity, a hauler, a private entity or a combination of those entities. EDIBLE FOOD. Unsold or unserved food that is fit for human consumption, even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus or other conditions. For the purposes of this section, EDIBLE FOOD is not solid waste if it is recovered and not discarded. FOOD. Has the same meaning as in the Cal. Health and Safety Code, § 113781. FOOD FACILITY. Has the same meaning as in the Cal. Health and Safety Code, § 113789. FOOD RECOVERY. Actions to collect and distribute food for human consumption which otherwise would be disposed. FOOD RECOVERY ORGANIZATION. An entity that primarily engages in the collection or receipt of excess edible food from edible food generators and distributes that edible food to the public for consumption, including, but not limited to: (a) A food bank, as defined in the Cal. Health and Safety Code, § 113783; (b) A non-profit charitable organization, as defined in the Cal. Health and Safety Code, § 113841; and (c) A non-profit charitable temporary food facility, as defined in the Cal. Health and Safety Code, § 113842. FOOD RECOVERY SERVICE. A person or entity that collects and transports edible food from an edible food generator to a food recovery organization or other entities for food recovery. FOOD SERVICE DISTRIBUTOR. An entity primarily engaged in providing food services to institutional, governmental, commercial or industrial locations of others based on contractual arrangements with these types of organizations. GROCERY STORE. A store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli and meat and seafood departments. GROCERY STORE includes convenience stores. HEALTH FACILITY. Has the same meaning as in the Cal. Health and Safety Code, § 1250. HOTEL. Has the same meaning as in the Cal. Business and Professions Code, § 17210. LARGE EVENT. An event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but not limited to, a public, non-profit or privately owned park, parking lot, golf course, street system or other open space when being used for an event. LARGE VENUE. A permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this section, a venue facility includes, but is not limited to, a public, non-profit or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater or other public attraction facility. For purposes of this section, a site under common ownership or control that includes more than one LARGE VENUE that is Packet Page 705 Solid Waste Collection, Removal, Disposal, Processing and Recycling 63 contiguous with other LARGE VENUES in the site is a single LARGE VENUE. LOCAL EDUCATION AGENCY. A school district, charter school or county office of education that is not subject to the control of city or county regulations related to solid waste. RESTAURANT. An establishment primarily engaged in the retail sale of food and drinks for on premises or immediate consumption. SUPERMARKET. A full-line, self-service retail store with gross annual sales of $2,000,000 or more, and which sells a line of dry grocery, canned goods or non-food items and some perishable items. TIER ONE COMMERCIAL EDIBLE FOOD GENERATOR. A commercial edible food generator that is one of the following: (a) Supermarket; (b) Grocery store with a total facility size equal to or greater than 7,500 square feet; (c) Food service distributor; and (d) Wholesale food market. TIER TWO COMMERCIAL EDIBLE FOOD GENERATOR. A commercial edible food generator that is one of the following: (a) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet; (b) Hotel with an on-site food facility and 200 or more rooms; (c) Health facility with an on-site food facility and 100 or more beds; (d) Large venue; (e) Large event; (f) A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet; and (g) A local education agency facility with an on-site food facility. WHOLESALE FOOD MARKET. A food establishment in which food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor or other destination. (B)Commercial edible food generators responsible for compliance. (1) Tier one commercial edible food generators must comply with the requirements of this chapter commencing January 1, 2022, and tier two commercial edible food generators must comply commencing January 1, 2024, pursuant to 14 CCR § 18991.3. (2) Large venue or large event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large venue or large event to comply with the requirements of this section, commencing January 1, 2024. (C)Commercial edible food generators requirements. Commercial edible food generators shall comply with the following requirements: (1) Arrange to recover the maximum amount of edible food that would otherwise be disposed; (2) Contract with or enter into a written agreement with food recovery organizations or food recovery services for: (a) The collection of edible food for food recovery; or Packet Page 706 San Bernardino - Health and Safety64 (b) Acceptance of the edible food that the commercial edible food generator self-hauls to the food recovery organization for food recovery. (3) Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service; (4) Allow city’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR § 18991.4; and (5) Keep records that include the following information or as otherwise specified in 14 CCR § 18991.4: (a) A list of each food recovery service or organization that collects or receives its edible food, pursuant to a contract or written agreement established under 14 CCR § 18991.3(b); (b) A copy of all contracts or written agreements established under 14 CCR § 18991.3(b); and (c) A record of the following information for each of those food recovery services or food recovery organizations: 1. The name, address and contact information of the food recovery service or food recovery organization; 2. The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization; 3. The established frequency that food will be collected or self-hauled; and 4. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery. (D)Requirements for food recovery organizations and services. (1) Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(1): (a) The name, address and contact information for each commercial edible food generator from which the service collects edible food; (b) The quantity in pounds of edible food collected from each commercial edible food generator per month; (c) The quantity in pounds of edible food transported to each food recovery organization per month; and (d) The name, address and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery. (2) Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR § 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(2): (a) The name, address and contact information for each commercial edible food generator from which the organization collects edible food; (b) The quantity in pounds of edible food collected from each commercial edible food generator per month; and (c) The name, address and contact information for each food recovery service that the organization transports edible food to for food recovery. Packet Page 707 Solid Waste Collection, Removal, Disposal, Processing and Recycling 65 (3) Food recovery organizations and food recovery services that have their primary address physically located in the city and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR § 18991.3(b) shall report to the city the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR § 18991.3(b) no later than March 31 of every calendar year. (4) In order to support edible food recovery capacity planning assessments or other studies conducted by the county, city or other regional agencies that provide solid waste collection services, or its designated entity, food recovery services and food recovery organizations operating in the city shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the city and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city or its franchise hauler shall respond to such request for information within 60 days, unless a shorter time frame is otherwise specified by the city. (Ord. MC-1566, passed 12-1-2021) § 8.24.100 CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING PROGRAM. (A)Covered and non-covered projects. Covered projects are required to divert recyclable C&D from landfills. The minimum C&D diversion requirement is established by resolution of the Mayor and CommonCity Council. Applicants for construction, demolition, addition, alteration and remodel projects within the city that are not covered projects are encouraged to divert the minimum C&D diversion requirement. (B)City projects. City-contracted construction shall adhere to the city project C&D waste policy established by resolution of the Mayor and CommonCity Council. (C)Security deposit required. Except as otherwise specified in this chapter, each applicant for a building or demolition permit for a covered project shall remit a security deposit in the amount established by resolution of the Mayor and CommonCity Council. The security deposit shall be remitted prior to permit issuance. (D)Exemptions. (1) Neither a C&D waste recycling and disposal report summary nor a security deposit shall be required for the following: (a) Work for which only a plumbing permit, electrical, mechanical permit or a combination thereof is required; (b) Seismic tie-down projects; (c) Installation of a patio or awning; (d) Installation of pre-fabricated accessories such as signs or antennas; (e) Residential pools and spas; (f) Re-roof projects, block walls and retaining walls; (g) City owned projects; and (h) Other work that the City Manager determines will not produce significant quantities of construction or demolition waste. (2) An applicant for projects may submit an application for exemption on the grounds that the project will not generate more than 35 gallons of C&D waste. The application shall be submitted to the City Manager who shall determine if the exemption is in compliance with this chapter. Packet Page 708 San Bernardino - Health and Safety66 (E)Refund of security deposit. The City Manager may authorize the refund of any security deposit that was erroneously paid or collected. The City Manager may authorize the refund of any security deposit when the building permit application is withdrawn or cancelled before any work has begun. The City Manager may authorize the refund of a security deposit when the applicant has satisfactorily submitted the C&D waste recycling and disposal report summary, and at least the minimum C&D diversion requirement is met. lf the minimum C&D diversion requirement is not realized, the amount of the refund shall correspond to the percentage of C&D waste recycled, reused or diverted from the landfill. If the applicant fails to submit the documentation required by this section within the required time period, the security deposit shall be forfeited to the city. (F)Administrative fee. As a part of any application for, and prior to the issuance of, any building or demolition permit, every applicant for a covered project, unless otherwise exempt, shall pay an administrative fee sufficient to compensate the city for all expenses incurred in reviewing the project and reviewing performance. The amount of this fee shall be set forth in a resolution of the Mayor and CommonCity Council. (G)Reporting. Within 60 days following the completion of a demolition project and/or a covered project, the applicant shall, as a condition precedent to release of the security deposit, submit a C&D waste recycling disposal report summary to the City Manager. (H)Appeal. Any appellant aggrieved by the decision of the City Manager relating to a security deposit under division (D) or (E) above may appeal the decision to the hearing officer in the manner provided in Chapter 9.94. (I)Construction debris self-hauling. (1) A construction contractor may self-haul recyclable materials or C&D waste generated by the construction contractor at the job site. When acting as a general contractor, the construction contractor may haul these same materials for any construction contractor acting as a subcontractor at the same job site. (2) The right of a construction contractor to self-haul or haul hereunder is subject to the following conditions: (a) All construction contractors generating any of the recyclable materials or C&D waste to be self-hauled or hauled shall have a valid city business registration certificate; (b) The construction contractor owns or leases the self-hauling or hauling equipment (excluding containers) and the equipment is clearly marked with the identity of the construction contractor including, as a minimum threshold requirement, the company name, address and phone number; (c) The construction contractor must be performing construction and demolition work on the permitted job site; (d) The construction contractor cannot serve solely as a hauler of debris from the job site; (e) The construction contractor provides proof of insurance for said vehicle; (f) The construction contractor’s equipment shall be operated by an employee of the construction contractor at all times during any self-haul or haul to a disposal or processing facility in a manner consistent with all appropriate laws and regulations; (g) The construction contractor performing the self-haul or haul holds a current building and demolition permit which covers all recyclable materials or construction and demolition debris for which the construction contractor will be performing self-hauling or hauling, and the Packet Page 709 Solid Waste Collection, Removal, Disposal, Processing and Recycling 67 construction contractor complies with the construction and demolition provisions of the city; (h) The construction contractor shall hold for a self-hauling permit fee as set by the Mayor and CommonCity Council; and (i) Regardless of the valuation of the project, the construction contractor performing the haul or self-haul must comply with this article and shall submit an application fee, security deposit as set by the Mayor and CommonCity Council and obtain a C&D permit for projects, as defined in § 8.24.010. (Ord. MC-1431, passed 11-10-2016; Ord. MC-1521, passed 9-18-2019) § 8.24.110 CONTAINERS. (A)Containers - franchise required. The franchised hauler is the exclusive provider of containers for the collection of C&D, garbage, recyclable materials, organic waste and large items. This includes any and all containers placed in the public right-of-way, on city property, private property or elsewhere in the service area, for collection of C&D, garbage, recyclable materials, organic waste and large items and subsequent delivery to a permitted solid waste facility. Collection utilizing containers may be on a temporary or permanent basis, in accordance with the terms of the franchise agreement between the city and the franchised hauler. Any containers left on the public right-of-way, public property or private property by a company or person without a contract or franchise agreement with the city to provide such services shall be deemed illegal and subject to removal pursuant to these provisions. (B)Notice to remove. (1) Upon determination that a container is illegal, the owner of the container will be called and notified of such violation, if it is marked, and the owner will be given 24 hours to remove the container. A “notice to remove container” shall be posted on the container and mailed to the owner, if the owner’s address is known or easily ascertainable. If the container is unmarked and the owner is unknown, a 24-hour posting of the notice to remove the illegal container shall be deemed sufficient notice. (2) The notice shall be in substantially the following form: “NOTICE IS HEREBY GIVEN pursuant to Chapter 8.24.110 of the San Bernardino Municipal Code that the City Manager, or his or her designee, has determined that this container was placed in the City of San Bernardino without the necessary contract or franchise agreement and is hereby deemed illegal and that the removal of the container is required. This container must be removed from the City of San Bernardino within twenty-four (24) hours of the date and time of this Notice. Failure to remove this container will result in the seizure of the bin by the City of San Bernardino or the franchised hauler. A hearing may be requested within fifteen (15) days of the seizure to reclaim the container. If no hearing is requested within fifteen (15) days, the container will become the property of the City of San Bernardino. The owner may waive a hearing by paying the costs for removal, storage, and disposal, if any, of the container. The total amount of costs to be paid may be obtained from the City.” (C)Notice to remove - exemptions. The city may waive the 24-hour notice to remove a container in the event that the owner of the illegally placed containers can be identified and the city possesses documentation of at least two prior instances of issuing notices to remove and subsequent removal of containers owned by the same owner in the prior 12 months. (D)Cost of removal of containers. The cost of removal of an illegally placed container, including all Packet Page 710 San Bernardino - Health and Safety68 costs for removal, storage and disposal of the container and its contents, will be set by the city via resolution. Payment of those costs will be the responsibility of the owner of the illegally placed container. (E)Removal hearing and appeal process. (1) Any illegal container that has been removed by the city or franchised hauler shall be stored pending a hearing before the City Manager. Said hearing must be requested within 15 days and scheduled within 30 days following the removal of the container. (2) The owner of the container may waive the hearing and pay the city’s costs for removal, storage and disposal of the container and claim the container. The amount of costs will be determined by the City Manager. (3) If the container is not claimed and no hearing is requested within 15 days of removal of the container, the container will become the property of the city and the city may dispose of or use the container as the city may deem appropriate. (4) If a hearing is timely requested, the City Manager shall determine whether the owner of the container had a contract or franchise agreement with the city. If the City Manager determines that the owner of the container did not have the requisite contract or franchise agreement with the city, the City Manager may order the container returned to the owner after payment of the costs for removal, storage and disposal of the container. If the City Manager determines that the owner did have the requisite contract or franchise agreement with the city, the container shall be returned to the owner at no cost to the owner. (5) The owner of a container that is the subject of a timely hearing may appeal the City Manager’s decision to the hearing officer within ten days of the City Manager’s decision. The hearing officer’s decision shall be final. Any person aggrieved by the decision of the hearing officer may obtain review of such decision by filing an appeal with the Superior Court of the State of California, County of San Bernardino, in accordance with the time lines and provisions set forth in Cal. Gov’t Code, § 53069.4 and Cal. Code of Civil Procedure, §§ 1094.5 and 1094.6. (Ord. MC-1431, passed 11-10-2016) § 8.24.120 ILLEGAL DUMPING. (A)Accumulations. (1) Every person owning or occupying any building, lot or premises in the city shall keep such property in a clean and sanitary condition; this includes keeping the area around a container free of excessive solid waste and preventing the placement of material in the container that requires special handling, such as furniture and electronic appliances, E-waste or hazardous materials. The occupant shall not cause or permit combustible or putrescible solid waste to collect or accumulate for more than one week, or cause or permit any other non-combustible solid waste to accumulate for a period in excess of one month; provided, however, the provisions of this chapter shall not be construed to interfere with any occupant keeping building materials upon premises during construction, reconstruction or repair of a building or structure thereon under a valid building permit, nor with the keeping of wood neatly piled upon such premises for household use. (2) Any violation of this chapter may be reported to the City Code Enforcement Department or Public Works Department. If a designated employee of the city who has the authority to issue criminal or administrative citations pursuant to Chapters 9.90, 9.92 and 9.93 determines that a violation of this chapter exists, the designated employee will post a notice of violation (“NOV”) requiring the property owner or occupant to bring the property into compliance. If the occupant does not respond to or comply with the notice of violation, the city will take the necessary steps to bring the property into compliance, including, if necessary, cleaning and sanitizing the container area. The occupant shall be held responsible for all fees and costs incurred as a Packet Page 711 Solid Waste Collection, Removal, Disposal, Processing and Recycling 69 result of the city bringing the property into compliance. (B)Burning solid waste. No garbage, recyclable materials, organic waste or any solid waste shall be burned in the open air within the city limits, unless such burning is conducted in a properly built sanitary incinerator meeting all federal, state and local air emissions regulations. (C)Dumping and burying. (1) No person shall dump, place or deposit upon or bury in any lot, land, street, alley, water or waterway within the city any garbage, recyclable materials, organic waste or substance condemned by the County Health Department or any other deleterious or offensive substance; provided, however, the provisions of this chapter shall not apply to any land used by the county or its agents as a public landfill. (2) It is unlawful to collect, dump or deposit any garbage, recyclable materials, organic waste upon any property located within the city belonging to another either with or without the consent of the owner thereof, including, but not limited to, any property, public or private, any highway, off-ramp, street, sidewalk, curb, gutter or other property; and it is unlawful to establish or maintain a place for dumping garbage, recyclable materials, organic waste in the city, or to collect, receive and dump any garbage, recyclable materials, organic waste on one’s own property, save and except such solid waste as shall reasonably accumulate upon such property in the reasonable and lawful use thereof. (D)Contamination of recyclable materials and organic waste. No person shall place in any container identified for recyclable materials or organic waste any material that would inhibit its recyclability or compostability. Containers set aside for recyclable materials or organic waste shall be used only for recyclable materials or organic waste and no other materials. No glass, paper, plastic, razor blades, metal, chemicals or other substances rendering such organic waste unfit for the consumption of animals or production of soil amendments or compost shall be mixed therewith. (E)Dangerous and infected substances. (1) No person shall place or deposit in any garbage, recyclable materials, organic waste container for collection pursuant to the provisions of this chapter any unbroken and exposed hypodermic needles, medicines, pills, poisons, caustic acids, explosives or similar dangerous substances which may cause human injury or harm. Customers may contact the city for information regarding the city’s sharps collection program. (2) No person shall place or deposit in any garbage, recyclable materials, organic waste container for collection pursuant to the provisions of this chapter wearing apparel, bedding or other articles from any home or place where any infectious or contagious disease has prevailed. The occupant of any premises where an infectious or contagious disease has prevailed shall forthwith notify the county health officer and shall dispose of such articles in accordance with his or her directions. (F)E-waste. No person shall dump, place or deposit in or upon any container within the city any E-waste, but shall deposit such E-waste with an authorized recycler of E-waste products. § 8.24.130 ENFORCEMENT. (A)City Manager authorization. The City Manager is authorized to administer and enforce the provisions of this chapter. The City Manager, or anyone designated by the City Manager to be an enforcement officer, may exercise such enforcement powers. If the City Manager determines that a solid waste generator is in violation of this chapter or of any rule or regulation adopted pursuant to this chapter, the City Manager may begin enforcement proceedings. Public nuisance proceedings and/or code enforcement proceedings under the city’s code shall apply, in addition to the administrative penalties approved by resolution of the CommonCity Council, as modified from time to time. Enforcement proceedings may include issuing notices of violation, requiring changes in subscription service levels or assessing administrative fines. Packet Page 712 San Bernardino - Health and Safety70 (B)Administrative citations and orders. (1) A violation of this chapter shall be considered a misdemeanor and may be punished as such, however, at the discretion of the City Attorney, the violation of any provisions of this article may be filed as an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010, Chapter 9.92 and Chapter 9.93. (2) For purposes of § 1.12.010, Chapter 9.92 and Chapter 9.93, each violation of this chapter by the same person or entity, regardless of the location of the violation, shall be considered a subsequent or repeat offense. The city’s procedures on imposition of administrative fines are incorporated in its entirety and shall govern the imposition, enforcement, collection and review of administrative citations or orders issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter; provided, however, that the City Manager may adopt regulations providing for lesser penalty amounts. The City Manager has the authority to impose administrative penalties for the notices of violations. (3) Failure to pay administrative penalties or fines shall result in the recording of a lien of the property that is the subject of the citation pursuant to Chapters 9.92.090 and Chapter 9.93.170. (C)Additional remedies. (1) The City Attorney may seek injunctive relief or civil penalties in the Superior Court in addition to the above remedies and penalties. All administrative civil penalties collected from actions pursuant to this chapter shall be paid to the city and shall be deposited into a solid waste administrative account that is available to fund activities to implement the applicable provisions of this chapter. Any remedy provided under this chapter is cumulative to any other remedy provided in equity or at law. Nothing in this chapter shall be deemed to limit the right of the city or its authorized collection agent(s) to bring a civil action; nor shall a conviction for such violation exempt any person from a civil action brought by the city or its authorized collection agent(s). The fees and penalties imposed under this chapter shall constitute a civil debt and liability owing to the city from the persons, firms or corporations using or chargeable for such services and shall be collectible in the manner provided by law. Nothing in this chapter shall be deemed to impose any liability upon the city or upon any of its employees including without limitation under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (being 42 U.S.C. §§ 9601 et seq., “CERCLA”). (2) This chapter does not do any of the following: (a) Otherwise affect the authority of the City Manager to take any other action authorized by any other provision of law; (b) Restrict the power of a City Attorney, District Attorney or the Attorney General to bring in the name of the People of California, any criminal proceeding otherwise authorized by law; (c) Prevent the City Manager from cooperating with, or participating in, a proceeding specified in this chapter; or (d) Affect, in any way, existing contractual arrangements, including franchises, permits or licenses, previously granted or entered into between the franchised hauler and city. (Ord. MC-1431, passed 11-10-2016) § 8.24.140 FORMS, REGULATIONS AND GUIDELINES. The City Manager may adopt necessary forms, rules, regulations and guidelines which may be necessary or desirable to aid in the administration or enforcement of the provisions of this chapter. The city may provide information on its website regarding what materials are accepted as recyclable materials, organic waste and garbage under this chapter. (Ord. MC-1431, passed 11-10-2016) Packet Page 713 Solid Waste Collection, Removal, Disposal, Processing and Recycling 71 Packet Page 714 San Bernardino - Health and Safety72 Packet Page 715 CHAPTER 8.24.5: CONSTRUCTION AND DEMOLITION WASTE RECYCLING PROGRAM (Repealed by Ord. MC-1431, passed 11-10-2016) 73 Packet Page 716 San Bernardino - Health and Safety74 Packet Page 717 CHAPTER 8.25: SCRAP TIRES (Repealed by Ord. MC-1431, passed 11-10-2016) 75 Packet Page 718 San Bernardino - Health and Safety76 Packet Page 719 CHAPTER 8.27: NUISANCES (Repealed by Ord. MC-1418, passed 10-5-2015) 77 Packet Page 720 San Bernardino - Health and Safety78 Packet Page 721 CHAPTER 8.30: PUBLIC NUISANCES Section 8.30.010 Purpose 8.30.015 Definitions 8.30.020 Declaration of nuisances 8.30.021 Summary/emergency abatement 8.30.022 Summary/emergency abatement post-abatement hearing 8.30.023 Method of giving notice 8.30.025 Determination of nuisance 8.30.026 Additional requirements for demolition of buildings or structures 8.30.030 Appeal 8.30.035 Time limit for compliance 8.30.040 Abatement by city 8.30.041 Report of abatement costs 8.30.042 Recovery of attorneys’ fees and report of attorneys’ fees 8.30.043 Treble damages 8.30.045 Hearing on nuisance abatement costs 8.30.050 Council action 8.30.055 Imposition of special assessment lien and notice 8.30.056 Recording of nuisance abatement lien 8.30.060 Collection of costs and attorneys’ fees prior to hearing 8.30.065 Alternative remedies 8.30.070 Violation - penalty Cross-reference: For Charter provisions authorizing the Common Council to define nuisances and provide for their removal, see City Charter, § 40(c). § 8.30.010 PURPOSE. It is declared to be in the public interest to promote the health, safety and welfare of the residents of the city by providing procedures for the abatement of nuisances as declared by the Mayor and CommonCity Council of the city, which abatement procedures shall be in addition to all other proceedings authorized by this code or otherwise by law. (Ord. MC-1418, passed 10-5-2015) § 8.30.015 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ABANDONED VEHICLE. A physically inoperable vehicle. ABATEMENT. The demolition, removal, repair, maintenance, construction, reconstruction, replacement or reconditioning of structures, appliances or equipment; or the removal, transportation, disposal and treatment of waste and abandoned materials and equipment capable of harboring, breeding or attracting rodents or insects or producing odors or blight. ADMINISTRATIVE HEARING OFFICER or HEARING OFFICER. Any individual appointed by the City Manager of the City of San Bernardino, or his or her designee, to hear the appeal under this chapter. AGRICULTURAL GROVES. Any grove of ten or more trees on a parcel or lot. ATTRACTIVE NUISANCE. Any condition, instrumentality or machine which is unsafe and unprotected and thereby dangerous to young children by reason of their inability to appreciate the peril which exists, and which may reasonably be expected to attract young children to the premises and risk injury by playing with, in or on it. ATTRACTIVE NUISANCES may include, but shall not be limited to: 79 Packet Page 722 San Bernardino - Health and Safety80 (1) Abandoned and/or broken equipment; (2) Swimming pools being used as fish ponds or other uses contrary to permitted swimming or other pool uses, subject to state or local regulations requiring, without limitation, that drains be visible from the water’s surface and that the water be filtered; (3) Hazardous and/or unmaintained pools, ponds, culverts, excavations; and (4) Neglected machinery. BUILDING. Any structure including, but not limited to, any house, garage, duplex, apartment, condominium, stock cooperative, mobile home or other residential structure or any portion thereof, which is designed, built, rented or leased to be occupied or otherwise is intended for supporting or sheltering any use or occupancy, and any commercial, industrial or other establishment, warehouse, kiosk or other structures affixed to or upon real property, used for the purpose of conducting a business, storage or other activity. CODE ENFORCEMENT DIRECTOR. The Chief of Police for the City of San Bernardino, or his or her designee. CONSTRUCTION MATERIAL. Any discarded material from the building or destruction of structures, road and bridges, including concrete, rocks, asphalt, plasterboard, wood and other related material. EXCAVATION. Any wells, shafts, basements, cesspools, septic tanks, fish ponds and other like or similar conditions more than six inches in diameter and three feet in depth. FOUL. Very offensive to the senses. GARBAGE. Any putrescible animal, fish, fowl, food, fruit or vegetable matter resulting from the cultivation, preparation, storage, handling, decay or consumption of the substance. HAZARDOUS MATERIALS AND WASTE. Any chemical, compound, mixture, substance or article which is identified or listed by the United States Environmental Protection Agency or appropriate agency of the State of California as a hazardous waste, as defined in 40 C.F.R. §§ 261.1 through 261.33, except that for purposes of this chapter, hazardous waste also shall include household waste, as defined in 40 C.F.R. § 261.4(B)(1).261.4(b)(1). INOPERABLE VEHICLE. Mechanically incapable of being driven or prohibited from being operated on a public street or highway pursuant to Cal. Vehicle Code, §§ 4000, 5202, 24002 and 40001, concerning license plates, registration, equipment, safety and related matters. NOXIOUS. Hurtful or unwholesome. ODOR. Any smell, scent or fragrance. OWNER. Any person, agent, firm or corporation having legal or equitable interest in the property. PREMISES. Any lot or parcel of land upon which a building is situated, including any portion thereof improved or unimproved, and adjacent streets, sidewalks, parkways and parking areas. PROPERTY. Any lot or parcel of land, including any alley, sidewalk, parkway or unimproved public easement. REFUSE. Any putrescible and non-putrescible solid waste, except sewerage, whether combustible or non-combustible and includes garbage and rubbish. STAGNANT WATER. Water which is allowed to become stagnant contained in ditches, pools, ponds, steams excavations, holes, depressions, open cesspools, privy vaults, fountains, cisterns, tanks, shallow wells, barrels, troughs, urns, cans, tires, boxes, bottles, tubs, buckets, roof gutters, tanks of flush closets, reservoirs, vessels, receptacles of any kind or other containers or devices which may hold water. UNMERCHANTABLE. Unsalable. VEHICLE. Any device by which any person or property may be propelled, moved or drawn upon a highway, or upon water, excepting a device moved Packet Page 723 Public Nuisances 81 exclusively by human-power, or used exclusively upon stationary rails or tracks. VIOLATOR. Any responsible party, including the landowner, or lessee, tenant or any other person who had possession or custody of the property. WASTE MATTER. Any rubbish or construction material. WEEDS. Useless and troublesome plants generally accepted as having no value and frequently of uncontrolled growth. (Ord. MC-1418, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 8.30.020 DECLARATION OF NUISANCES. It is unlawful and is declared a nuisance for any person owning, leasing, occupying or having charge or possession of any property and any vehicles thereon in the city to maintain the property in such a manner that any of the following conditions are present: (A) The existence of any garbage, rubbish, refuse or waste matter upon the premises contrary to the provisions of the municipal code; (B) The existence of weeds upon the premises, including public sidewalks, streets or alleys between said premises and the centerline of any public street or alley; (C) The existence of overgrown, dead, decayed, diseased or hazardous trees, and other vegetation, including, but not limited to, dead agricultural groves which: (1) Are likely to attract rodents, vermin or other nuisances; (2) Constitute a fire hazard; or (3) Is dangerous to the public safety and welfare. (D) Overgrown vegetation, including trees, shrubbery, ground cover, lawns and decorative plantings, which substantially detract from the aesthetic and property values of neighboring properties; (E) Any abandoned or discarded furniture, stove, refrigerator, freezer, sink, toilet, cabinet or other household fixture or equipment visible from a public right-of-way; (F) The existence of any abandoned, wrecked, dismantled or inoperative motor vehicle upon the premises contrary to the provisions of the municipal code; (G) (1) The storage or parking of certain vehicles as follows: (a) The storage or parking of trucks exceeding the manufacturer’s gross vehicle weight rating of 10,000 pounds on all areas of all residential zones, and the storage or parking of other vehicles on the landscaped front and street side yard setback area of all residential zones, including, but not limited to, the front lawn areas, contrary to the provisions of the municipal code; and (b) The storage or parking of vehicles on any unpaved parcel of property where such vehicle is: 1. Likely to disrupt traffic flow in the city; 2. Stir up dust from driving on the unimproved surface; 3. Negatively impact the aesthetics of the city; 4. Allow oils and other unwanted substances to drip onto the untreated dirt surface; and/or 5. Cause traffic obstructions by impeding the line of vision of drivers at intersections. (2) Vehicles parked in conjunction with a temporary use as permitted under municipal code are excepted. Packet Page 724 San Bernardino - Health and Safety82 (H) The outdoor storage of personal property on private property as follows: (1) Any furniture (except for furniture specifically designed for outdoor use) on porches, balconies, sun decks, front, side and/or rear yards, any other personal property not designed for outdoor use and in good working order; (2) The existence of any hay, straw, lumber, papers or other substances, junk, packing boxes, recyclable materials, salvage materials, building/construction materials, equipment; unless necessarily kept or stored under validly permitted, current construction; appliances, commercial/ industrial machinery and/or equipment (whether operable or inoperable); and (3) Any item causing an unsightly appearance which is visible from the public right-of-way or sites of neighboring properties or which provides a harborage for rats and/or other vermin, or creates any other potential health hazard or nuisance. (I) The outdoor storage of personal property on public property as follows: (1) The use of public property to store, maintain, place or abandon any personal property, on any public street, any public sidewalk, any parking lot or public area, improved or unimproved, any public park, parkway, median or greenbelt, except as otherwise provided; and (2) Any personal property stored, maintained, placed or abandoned in violation of this section may be removed and discarded at the discretion of the Public Works Director, Code Enforcement Director or their designees. (J) Any dangerous or substandard building, whether or not occupied, abandoned, boarded up or partially destroyed contrary to the provisions of the Uniform Fire CodeCalifornia Fire Code and International Fire Code, Uniform Building CodeCalifornia Building Standards Code, Uniform Housing Code, Uniform Code for Abatement of Dangerous Buildings and/or the municipal code; (K) Peeling or blistering paint on any building or structure such that the condition is plainly visible from a public right-of-way; (L) The existence of loud or unusual noises, or foul or noxious odors which offend the peace and quiet of persons of ordinary sensibilities and which interferes with the comfortable enjoyment of life or property and affect the entire neighborhood or any considerable number of persons; (M) The existence of hazardous substances and waste unlawfully released, discharged or deposited upon any premises onto any city property; (N) The existence of any stagnant water or water contained in hazardous and/or unmaintained swimming or other pools which obscure required visibility and proper filtering; (O) Any vacant commercial or industrial property on which are located signs related to uses no longer conducted or products no longer sold on the premises; provided that outdoor advertising displays which are located in permitted zoning districts or which are otherwise legally permitted are excepted herefrom; (P) Automobile service stations, and the buildings and premises thereof, that have been vacant or abandoned for a period in excess of 180 consecutive days without being reestablished and which have been maintained in such a condition as to become so defective, unsightly or in such a condition of deterioration or disrepair that the same cause appreciable diminution of the property values of surrounding properties, or are materially and economically detrimental to the neighboring properties and improvements; (Q) Underground or aboveground storage vessels or tanks that have remained for more than six months after the use of such tanks or vessels ceases; (R) Any attractive nuisance; (S) Any other condition which is contrary to the public peace, health and safety; and Packet Page 725 Public Nuisances 83 (T) Any other violation of the municipal code. (Ord. MC-1418, passed 10-5-2015) Cross-reference: Building Codes, see Title 15, Chapters 15.04 and 15.05 § 8.30.021 SUMMARY/EMERGENCY ABATEMENT. Notwithstanding any other provision of this chapter with reference to the abatement of public nuisance, the Code Enforcement Director, Fire Chief, Chief of Police, City Engineer, Director of Public Works, Building Official or their designees shall have the authority to immediately cause the abatement of any public nuisance if it is determined that the nuisance presents an immediate threat to public health or safety, or an imminent hazard to real or personal property, in their sole discretion. Any such abatement activity may be conducted without observance of any notice requirements described in this chapter. The city is entitled to recover all abatement costs incurred in the abatement of an imminent threat or hazard as set forth in this chapter. (Ord. MC-1418, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 8.30.022 SUMMARY/EMERGENCY ABATEMENT POST-ABATEMENT HEARING. (A) Within ten business days, or as soon as reasonably possible under the circumstances, following any summary abatement action by the city to abate an immediate threat to public health or safety, or imminent hazard to real or personal property, the city must provide the owner and any other responsible person with a “notice of summary abatement.” (B) The notice of summary abatement shall be served in accordance with § 8.30.023 and contain the following information: (1) A brief description of the condition and reasons why it constituted an imminent threat or hazard; (2) A brief description of the law prohibiting or pertaining to the imminent threat or hazard; (3) A brief description of the actions the city took to abate the imminent threat or hazard; and (4) An itemized invoice identifying all nuisance abatement costs related to the summary abatement. The invoice shall further indicate that any unpaid amounts may become a lien and special assessment against the property. (C) The city’s determination that a public nuisance constituted an imminent threat or hazard may be appealed as set forth in § 8.30.030. The invoice of abatement costs may be appealed as set forth in § 8.30.045. Any party to whom an invoice has been issued shall have 45 calendar days from the date of the invoice to remit full payment of the invoice to the city. If the owner or other responsible person fails to make timely, full payment of the abatement costs within 45 days of issuance of the notice of summary abatement or as ordered by the hearing officer after any appeal, the city may then proceed to collect its abatement costs in any manner allowed by law, including as set forth in § 8.30.055. (D) Omission of any of the foregoing provisions in a notice of summary abatement, whether in whole or in part, or the failure of an owner or responsible person to receive this document, does not render it defective or render any proceeding or action pursuant to this chapter invalid. (E) The decision of the hearing officer on the determination of nuisance is final. Any appeal of the hearing officer’s decision shall be governed by Cal. Code of Civil Procedure, § 1094.6 or such section as may be amended from time to time. (Ord. MC-1418, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) Packet Page 726 San Bernardino - Health and Safety84 § 8.30.023 METHOD OF GIVING NOTICE. (A) Any notice required by this chapter may be served in any one of the following methods: (1) By personal service on the owner, occupant or person in charge or control of the property; (2) By certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail addressed to the owner or person in charge and control of the property, at the address shown on the last available assessment roll, or as otherwise known. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail; provided the notice that was sent by regular mail is not returned; (3) By posting in a conspicuous place on the premises or abutting public right-of way; or (4) In the alternative, insertion of a legal advertisement at least once a week for the period of two weeks in a newspaper of general circulation in the city. (B) The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this chapter. (Ord. MC-1418, passed 10-5-2015) § 8.30.025 DETERMINATION OF NUISANCE. (A) The Code Enforcement Director, or his or her designee, may determine that any premises within the city may constitute a public nuisance pursuant to any provisions of § 8.30.020 and may initiate abatement proceedings pursuant to this chapter. The Code Enforcement Director, or the authorized representative thereof, shall set forth in such determination in a notice to abate which shall identify the premises and state the conditions which may constitute the nuisance and shall require that such conditions be corrected within such time periods set forth in the notice to abate. (B) (1) The notice to abate to the owner or person in control or charge of the property shall include: (a) The condition or conditions on the premises creating the nuisance; (b) A reasonable time limit to abate the nuisance; and (c) The right to appeal. (2) The notice shall direct the abatement of the nuisance and refer to this chapter for particulars. (C) The notice shall be served not less than ten calendar days before the date of the scheduled abatement. Failure of the owner to accept or otherwise receive such notice shall not affect the validity of any proceeding pursuant to this chapter. (D)OWNER, as used in this chapter, shall mean any person in possession and also any person having or claiming to have any legal or equitable interest in said premises, as disclosed by a current title search from any accredited title company. (Ord. MC-1418, passed 10-5-2015) § 8.30.026 ADDITIONAL REQUIREMENTS FOR DEMOLITION OF BUILDINGS OR STRUCTURES. (A) Whenever the Code Enforcement Director, or designee, intends to abate a public nuisance by demolition of a building or structure, the city must comply with the following additional requirements. Packet Page 727 Public Nuisances 85 (1) The notice to abate must contain a statement that the city intends to abate the nuisance with city personnel or contractors by demolition of a building or structure if the nuisance conditions are not repaired, rehabilitated, removed, terminated or demolished within the compliance deadline set forth in the notice to abate. (2) The city shall serve the notice to abate on all secured lienholders of record with the County Recorder’s office. (3) Entry onto any real property to abate a public nuisance by demolition of a building or structure must be pursuant to a warrant or other order issued by a court of competent jurisdiction. (B) The provisions of this section do not apply in cases involving summary or emergency abatement under § 8.30.021. (Ord. MC-1521, passed 9-18-2019) § 8.30.030 APPEAL. (A) Within ten days from the date of giving notice to abate, the violator may file an appeal to the determination of the nuisance with the City Clerk. Such appeal shall be in writing and shall identify the property subject to the notice to abate. The City Clerk shall then cause the matter to be set for hearing before a hearing officer contracted by the city to hear such matters. (B) Notice of the date of hearing shall be given in writing. The date of the hearing shall be no sooner than 15 days from the date when notice of the hearing is given to the appellant and to the Code Enforcement Division. (C) At the time fixed in the notice, the administrative hearing officer shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance. (D) At the conclusion of the hearing, the hearing officer shall determine whether or not a nuisance exists, and if the hearing officer so concludes, he or she may declare the conditions existing to be a nuisance and direct the person owning the property upon which the nuisance exists to abate it within ten days after the date of posting on the premises a notice of the hearing officer’s order. The hearing officer may amend time to abate the nuisance, if, in his or her opinion, there exists good cause for the amendment of time to abate. If the city is the prevailing party, the hearing officer’s decision shall order the responsible parties to pay the confirmed nuisance abatement costs to the city within 30 calendar days, and shall specify that any confirmed nuisance abatement costs not paid within 30 calendar days shall become a lien and special assessment against the property. (E) The decision of the hearing officer on the determination of nuisance is final. Any appeal of the hearing officer’s decision shall be governed by Cal. Code of Civil Procedure, § 1094.6 or such section as may be amended from time to time. (Ord. MC-1418, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 8.30.035 TIME LIMIT FOR COMPLIANCE. (A) The violator must abate the nuisance within the period of time set forth in the notice to abate, or, in case of an appeal, within ten days from the finding of the hearing officer or such longer period as may be determined by the administrative hearing officer. (B) Unless an emergency situation exists, the violator shall be given at least ten days to abate the nuisance. (Ord. MC-1418, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 8.30.040 ABATEMENT BY CITY. If the nuisance is not abated by the violator within the time limits set forth in § 8.30.035, the city, by its Packet Page 728 San Bernardino - Health and Safety86 employees or any hired contractor, may cause the nuisance to be abated. (Ord. MC-1418, passed 10-5-2015) § 8.30.041 REPORT OF ABATEMENT COSTS. (A) In accordance with this chapter, the city shall serve upon each responsible party and each interested party an invoice identifying all nuisance abatement costs related to a nuisance abatement action. (B) Any party to whom an invoice has been issued shall have 45 calendar days from the date of the invoice to remit full payment of the invoice to the city. Payment shall be submitted to the city as specified in the invoice. The invoice shall further indicate that any unpaid amounts may become a lien and special assessment against the property. (C) The statement shall be accompanied by a notice to the owner that the cost of abatement may be protested as set forth in § 8.30.045. If the cost is not protested within 15 calendar days after service, it shall be deemed final. (Ord. MC-1418, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 8.30.042 RECOVERY OF ATTORNEYS’ FEES AND REPORT OF ATTORNEYS’ FEES. (A) In any action, administrative proceeding or special proceeding to abate a nuisance, the prevailing party shall be entitled to recovery of attorneys’ fees. The recovery of attorneys’ fees by the prevailing party shall be limited to those individual actions or proceedings in which the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. (B) In no action, administrative proceeding or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding. The City Attorney’s office shall thereafter cause a report of the action and an accurate account of costs to be filed with the City Clerk. (Ord. MC-1418, passed 10-5-2015) § 8.30.043 TREBLE DAMAGES. Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with this chapter, except for conditions abated pursuant to the Cal. Health and Safety Code, § 17980, related to substandard buildings, the court may order the owner to pay treble the costs of the abatement. (Ord. MC-1418, passed 10-5-2015) § 8.30.045 HEARING ON NUISANCE ABATEMENT COSTS. (A) (1) Any responsible party or interested party to whom an invoice has been issued may, within 15 calendar days from the date of the invoice, request a hearing to protest the cost of abatement by filing a written request for a hearing on the abatement costs with the City Clerk. (2) The request for hearing must contain the following information: (a) The requestor’s full legal name; (b) The requestor’s mailing address and telephone number; (c) The amount of nuisance abatement costs disputed; and (d) The specific legal and factual grounds for all disputes of the invoice and nuisance abatement costs. (B) The failure of any party to properly and timely request a hearing is a waiver of the right to contest the invoice, a waiver of the right to a hearing, a failure to exhaust administrative remedies and a bar to any further challenge to the city’s invoice and nuisance abatement costs. (C) If a hearing is timely and properly requested, the City Clerk shall cause a hearing to be set before the hearing officer. The city shall provide notice of the Packet Page 729 Public Nuisances 87 date, time and location of the hearing to all parties at least ten calendar days before the hearing. At the time fixed for the hearing, the hearing officer shall hold an informal hearing to consider the invoice and protests or objections raised by the requestor. (D) At the conclusion of the hearing, or within five days thereafter, the hearing officer shall issue a decision approving, denying or modifying the amount of the nuisance abatement costs that the city is entitled to recover. (E) The decision of the hearing officer shall be in writing and shall be served by mail. The decision of the hearing officer on the abatement costs shall be final. If any cost recovery is upheld, even in part, the city shall be the prevailing party. If cost recovery is entirely denied, the requesting parties shall be the prevailing parties. (F) Any appeal of the hearing officer’s decision shall be governed by Cal. Code of Civil Procedure, § 1094.6, or such section as may be amended from time to time (Ord. MC-1418, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 8.30.050 COUNCIL ACTION. (A) If the property owner does not pay the cost of abating the nuisance within 30 calendar days after the cost becomes final or the hearing officer confirms the costs of abatement, the cost shall become a special assessment against the real property upon which the nuisance was abated. The assessment shall continue until it is paid, together with interest at the legal maximum rate computed from the date of confirmation of the statement until payment. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. (B) The City Council shall adopt a resolution assessing such unpaid costs of abatement as liens upon the respective parcels of land as they are shown upon the last available assessment roll. (Ord. MC-1418, passed 10-5-2015) § 8.30.055 IMPOSITION OF SPECIAL ASSESSMENT LIEN AND NOTICE. (A) The City Clerk shall prepare and file with the County Auditor a certified copy of the resolution of the City Council assessing the costs of abatement as a lien on the land, adopted pursuant to the preceding section. (B) Notice of lien shall be mailed by certified mail to the property owner, if the property owner’s identity can be determined from the County Assessor’s or County Recorder’s records. The notice shall be given at the time of imposing the assessment and shall specify that the property may be sold after three it years by the Tax Collector for unpaid delinquent assessments. The Tax Collector’s power of sale shall not be affected by the failure of the property owner to receive notice. (C) The County Auditor shall enter each assessment on the county tax roll upon the parcel of land. The assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and procedure and sale in case of delinquency as is provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection. The tax collector’s power of sale shall not be affected by the failure of the property owner to receive notice. (Ord. MC-1418, passed 10-5-2015) § 8.30.056 RECORDING OF NUISANCE ABATEMENT LIEN. Packet Page 730 San Bernardino - Health and Safety88 As an additional remedy, the Code Enforcement Director may cause a nuisance abatement lien for costs related to abatements, other than dangerous building abatements, to be recorded with the County Recorder’s office, pursuant to the provisions of Cal. Gov’t Code, § 38773.1. (Ord. MC-1418, passed 10-5-2015) § 8.30.060 COLLECTION OF COSTS AND ATTORNEYS’ FEES PRIOR TO HEARING. The city may accept payment of any amount due at any time prior to the filing of a certified copy of the City Council resolution assessing the abatements costs with the County Auditor. (Ord. MC-1418, passed 10-5-2015) § 8.30.065 ALTERNATIVE REMEDIES. The procedures established in this chapter shall be in addition to criminal, civil or other legal or equitable remedies established by law which may be pursued to address violations of this code or applicable state codes and the use of this chapter shall be at the sole discretion of the city. (Ord. MC-1418, passed 10-5-2015) § 8.30.070 VIOLATION - PENALTY. (A) The owner or other person having charge or control of any such buildings or premises who maintains any public nuisance defined in this chapter or who violates an order of abatement made pursuant to § 8.30.030 is guilty of a misdemeanor. (B) Any occupant or lessee in possession of any building or structure contrary to an order given as provided in this chapter is guilty of a misdemeanor. (C) No person shall obstruct, impede or interfere with any representative of the city or with any representative of a city department or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated or demolished and removed, or with any person to whom any such building has been lawfully sold pursuant to the provisions of this code whenever any such representative of the City Council, representative of the city, purchaser or person having any interest or estate in the building is engaged in vacating, repairing, rehabilitating or demolishing and removing any such building pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant to this chapter. (Ord. MC-1418, passed 10-5-2015) Packet Page 731 Public Nuisances 89 Packet Page 732 San Bernardino - Health and Safety90 Packet Page 733 CHAPTER 8.33: RESERVED (Repealed by Ord. MC-807, passed 9-18-1991) 91 Packet Page 734 San Bernardino - Health and Safety92 Packet Page 735 CHAPTER 8.35: RESERVED (Repealed by Ord. MC-1260, passed 12-4-2007) 93 Packet Page 736 San Bernardino - Health and Safety94 Packet Page 737 CHAPTER 8.36: ABANDONED VEHICLES Section 8.36.010 Findings 8.36.020 Definitions 8.36.030 Applicability 8.36.040 Chapter not exclusive 8.36.050 Administration and enforcement 8.36.060 Rights of franchisee to enter private property 8.36.070 Assessment of administrative costs 8.36.080 Abatement authority 8.36.090 Ten-day notice required 8.36.100 Public hearing 8.36.110 Hearings to be held before hearing officer 8.36.120 Reserved 8.36.130 Removal of vehicle to scrapyard 8.36.140 Notice to Department of Motor Vehicles of removed vehicles 8.36.150 Assessment of charges against land 8.36.160 Violation - penalty Statutory reference: For provisions on the removal of parked and abandoned vehicles, see Cal. Vehicle Code, §§ 22650 et seq. § 8.36.010 FINDINGS. In addition to and in accordance with the determination made and the authority granted by the state under the Cal. Vehicle Code, §§ 22660 through 22664 to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the Mayor and CommonCity Council make the following findings and declarations: the accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property, not including highways, is found to create a condition tending to reduce the value of private property; to promote blight and deterioration; to invite plundering; to create fire hazards; to constitute an attractive nuisance creating a hazard to the health and safety of minors; to create a harborage for rodents and insects; and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof on private or public property, not including highways, except as expressly hereinafter permitted, is a public nuisance which may be abated as such in accordance with the provisions of this chapter. (Ord. 2969, passed 1-21-1969; Ord. 3685, passed 11-9-1977) § 8.36.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. HIGHWAY. A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. HIGHWAY includes street. OWNER OF THE LAND. The owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll. OWNER OF THE VEHICLE. The last registered owner and legal owner of record. PUBLIC PROPERTY. Does not include HIGHWAY. VEHICLE. A device by which any person or property may be propelled, moved or drawn upon a highway except a device moved by human power or 95 Packet Page 738 San Bernardino - Health and Safety96 used exclusively upon stationary rails or tracks. (Ord. 2969, passed 1-21-1969; Ord. 3685, passed 11-9-1977) § 8.36.030 APPLICABILITY. This chapter shall not apply to: (A) A vehicle or a part thereof which is completely enclosed within a building, in a lawful manner where it is not visible from the street or other public or private property; or (B) A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard. This exception shall not, however, authorize the maintenance of a public or private nuisance, as defined under provisions of law. (Ord. 2969, passed 1-21-1969; Ord. 3685, passed 11-9-1977; Ord. MC-153, passed 4-20-1982; Ord. MC-636, passed 9-7-1988) § 8.36.040 CHAPTER NOT EXCLUSIVE. This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the city. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the state or any other legal entity or agency having jurisdiction. (Ord. 2969, passed 1-21-1969) § 8.36.050 ADMINISTRATION AND ENFORCEMENT. Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Code Compliance Director, or his or her representatives, except that the removal of vehicle(s) or parts(s) thereof from property may be by any other duly authorized person. Any such authorized person may enter upon private property for the purposes specified in this chapter to examine a vehicle or parts thereof, obtain information as to the identity of a vehicle and remove, or cause the removal of, a vehicle part thereof declared to be a nuisance pursuant to this chapter. (Ord. 2969, passed 1-21-1969; Ord. 3685, passed 11-9-1977; Ord. MC-498, passed 2-18-1986; Ord. MC-645, passed 12-7-1988; Ord. MC-1069, passed 4-18-2000) § 8.36.060 RIGHTS OF FRANCHISEE TO ENTER PRIVATE PROPERTY. When the Mayor and CommonCity Council have contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove, or cause the removal of, a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. (Ord. 2969, passed 1-21-1969) § 8.36.070 ASSESSMENT OF ADMINISTRATIVE COSTS. The Mayor and CommonCity Council shall, from time to time, determine and fix an amount to be assessed as administrative fees under this chapter including fees for response to demands for information regarding liens imposed hereunder. (Ord. 2969, passed 1-21-1969; Ord. MC-1307, passed 6-2-2009) § 8.36.080 ABATEMENT AUTHORITY. Upon discovering the existence of an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereof, on private property or public property within the city, the Superintendent of Public Buildings, or his or her representatives, under the supervision of the department head, shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter. (Ord. 2969, passed 1-21-1969; Ord. 3419, passed 4-19-1974; Ord. MC-498, passed 2-18-1986; Ord. MC-645, passed 12-7-1988) Packet Page 739 Abandoned Vehicles 97 § 8.36.090 TEN-DAY NOTICE REQUIRED. A ten-day notice of intention to abate and remove the vehicle, or part thereof, as a public nuisance shall be issued. Such ten-day notice of intention to abate shall be mailed by certified mail or registered mail, return receipt requested, to the owner of the land, as shown on the last equalized assessment roll, and to the last registered owner and/or legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. All notices must identify the vehicle. Notices mailed to the owner of land must advise that failure to comply with the notice may result in abatement by the city, and costs being assessed against the property. All notices must advise that an aggrieved party may appeal and describe the procedures for filing an appeal. (Ord. 2969, passed 1-21-1969; Ord. 3419, passed 4-19-1974; Ord. 3685, passed 11-9-1977; Ord. MC-498, passed 2-18-1986; Ord. MC-645, passed 12-7-1988; Ord. MC-1521, passed 9-18-2019) § 8.36.100 PUBLIC HEARING. (A) The owner of the vehicle or owner of the land that is the subject of a ten-day notice issued under this chapter may appeal the notice to a hearing officer in the manner provided in Chapter 9.94. (B) The appeal must be filed within ten days following issuance of the ten-day notice. If such a request for hearing is not received by the city within said ten days after mailing of the notice of intention to abate and remove, the city shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. (Ord. 2969, passed 1-21-1969; Ord. 3267, passed 5-17-1972; Ord. 3419, passed 4-19-1974; Ord. MC-498, passed 2-18-1986; Ord. MC-645, passed 12-7-1988; Ord. MC-1070, passed 4-18-2000; Ord. MC-1521, passed 9-18-2019) § 8.36.110 HEARINGS TO BE HELD BEFORE HEARING OFFICER. (A) The hearing officer may impose such conditions and take such other action as the hearing officer deems appropriate under the circumstances to carry out the purpose of this chapter. The hearing officer may delay the time for removal of the vehicle or part thereof if, in the hearing officer’s opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle or part thereof has been abandoned, wrecked, dismantled or is inoperative on private or public property, and may order the same removed from the property as a public nuisance and disposed of as hereinafter provided, and may determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle if available at the site. (B) If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he or she has not subsequently acquiesced in its presence, the hearing officer shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner. (C) The decision of the hearing officer in an appeal under Chapter 9.94 is final. (Ord. 2969, passed 1-21-1969; Ord. 3419, passed 4-19-1974; Ord. MC-645, passed 12-7-1988; Ord. MC-1521, passed 9-18-2019) § 8.36.120 RESERVED. [Reserved] (Ord. 2969, passed 1-21-1969; Ord. 3419, passed 4-19-1974; Ord. MC-410, passed 9-18-1984; Ord. MC-645, passed 12-7-1988; Ord. MC-742, passed 9-17-1990; Ord. MC-1071, passed 4-18-2000; Ord. MC-1521, passed 9-18-2019) § 8.36.130 REMOVAL OF VEHICLE TO SCRAPYARD. Packet Page 740 San Bernardino - Health and Safety98 Five days after adoption of the order declaring the vehicle or part thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by § 8.36.110 or 15 days after such action of the governing body authorizing removal following appeal, the vehicle or part thereof may be disposed of by removal to a scrapyard or automobile dismantler’s yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Cal. Vehicle Code, § 5004, in which case, the vehicle may be reconstructed or made operable. (Ord. 2969, passed 1-21-1969; Ord. 3685, passed 11-9-1977) § 8.36.140 NOTICE TO DEPARTMENT OF MOTOR VEHICLES OF REMOVED VEHICLES. Within five days after the date of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or part thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including, but not limited to, the registration card, certificates of ownership or license plates. (Ord. 2969, passed 1-21-1969; Ord. 3685, passed 11-9-1977) § 8.36.150 ASSESSMENT OF CHARGES AGAINST LAND. If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to § 8.36.110 are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to the Cal. Gov’t Code, § 38773.5 and shall be transmitted to the County Auditor for collection. The assessment shall have the same priority as other city taxes. (Ord. 2969, passed 1-21-1969) § 8.36.160 VIOLATION - PENALTY. Any person, partnership, firm or corporation whether as principal, agent, employee or otherwise violating any provision of this chapter is guilty of an infraction which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. MC-584, passed 2-17-1987) Packet Page 741 Abandoned Vehicles 99 Packet Page 742 San Bernardino - Health and Safety100 Packet Page 743 CHAPTER 8.38: SIGNS ON VACANT PROPERTIES Section 8.38.010 Signs 8.38.020 Signs on unimproved or abandoned property 8.38.030 Violation; removal 8.38.040 Violation - penalty § 8.38.010 SIGNS. Any sign, as defined in § 19.60.020, placed after the effective date of this chapter, on any unimproved or abandoned property within the city limits, shall display the name, address and telephone number of the person, firm or corporation responsible for placing the sign. (Ord. MC-757, passed 11-21-1990) § 8.38.020 SIGNS ON UNIMPROVED OR ABANDONED PROPERTY. No sign, as defined in § 19.60.020, may be placed or maintained on any unimproved or abandoned property after the effective date of this chapter, when such property is in violation of Chapters 8.18, 8.24, 8.27, 8.30, 8.33 or 8.36. (Ord. MC-757, passed 11-21-1990; Ord. MC-1418, passed 10-5-2015) Editor’s note: Ord. MC-1418, passed 10-5-2015 repealed/ deleted Ch. 8.27 and stated that any remaining provisions of the municipal code that reference it should now be deemed to instead reference Ch. 8.30, which it also amended. § 8.38.030 VIOLATION; REMOVAL. Violation of § 8.38.020 shall allow the city to remove said sign at the cost of the person, firm or corporation responsible for the sign, after giving 72 hours telephone notice to said person, firm or corporation. (Ord. MC-757, passed 11-21-1990) § 8.38.040 VIOLATION - PENALTY. Any person, firm or corporation who violates § 8.38.020 is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010, in addition to any other civil or administrative remedies provided by law. (Ord. MC-757, passed 11-21-1990) 101 Packet Page 744 San Bernardino - Health and Safety102 Packet Page 745 CHAPTER 8.39: SEIZURE AND FORFEITURE OF NUISANCE VEHICLES Section 8.39.010 Findings, purpose and intent 8.39.020 Nuisance vehicles 8.39.030 Right, title and interest in vehicle 8.39.040 Process 8.39.050 Receipts 8.39.060 Evidence 8.39.070 Forfeiture 8.39.080 Innocent parties; return of vehicle 8.39.090 Interest claim 8.39.100 Alternative settlement procedures 8.39.110 Sale of vehicles 8.39.120 Non-exclusive remedy 8.39.130 Severability § 8.39.010 FINDINGS, PURPOSE AND INTENT. The Mayor and CommonCity Council has determined that persons who operate vehicles and use them to illegally deposit, discard, dump and/or place garbage, rubbish, recyclable discards and/or green waste; bring decay; and cause nuisances to local neighborhoods where they so deposit, discard, dump and/or place such matter. The Mayor and CommonCity Council has further determined that seizing the vehicles of persons who so illegally deposit, discard, dump and/or place such garbage, rubbish, recyclable discards and/or green waste in the city will deter said nuisances from occurring if their vehicles are subject to seizure and forfeiture. The Mayor and CommonCity Council finds that there is a need to provide for the abatement of such nuisance vehicles. § 8.39.020 NUISANCE VEHICLES. (A) Any vehicle used to illegally deposit, discard, dump and/or place garbage, rubbish, recyclable discards or green waste in violation of § 8.24.070(C) is declared a nuisance vehicle, and the vehicle shall be subject to seizure and forfeiture as provided in this chapter. GARBAGE, RUBBISH, RECYCLABLE DISCARDS and GREEN WASTE shall be defined as set forth in § 8.24.060. Any person, whether as principal or agent, clerk or employee, either for himself or herself or any other person, or for any body corporate, or as an officer or agent for a corporation, or otherwise, who owns, leases, possesses, conducts, uses or maintains any vehicle (hereinafter referred to as “vehicle”), used for any of the purposes or acts set forth in this section, is guilty of a nuisance. (B) In the event that any provision of this chapter, or any part thereof, or any application thereof to any person or circumstance, is, for any reason, held to be unconstitutional or otherwise invalid or ineffective by a court of competent jurisdiction on its face or as applied, such holding shall not affect the validity of the remaining provisions of this chapter, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is declared to be the legislative intent of the city that this chapter would have been adopted had such unconstitutional, invalid or ineffective provision not been included herein. (Ord. MC-1235, passed 10-3-2006) § 8.39.030 RIGHT, TITLE AND INTEREST IN VEHICLE. All right, title and interest in any vehicle 103 Packet Page 746 San Bernardino - Health and Safety104 described in § 8.39.020 shall vest in the city upon commission of the act giving rise to the nuisance under this chapter. § 8.39.040 PROCESS. (A) Vehicles subject to forfeiture under this chapter may be seized by any peace officer upon process issued by any court having jurisdiction over the vehicle. (B) (1) Under this chapter, seizure without process may be made if any of the following situations exist: (a) The seizure is incident to an arrest or a search pursuant to a search warrant; or (b) There is probable cause to believe that the vehicle was used in violation of this chapter. (2) All seized vehicles shall be towed pursuant to this section. § 8.39.050 RECEIPTS. Receipts for vehicles seized pursuant to this chapter shall be delivered to any person arrested out of whose possession such vehicle was seized, in accordance with Cal. Penal Code, § 1412. § 8.39.060 EVIDENCE. Property seized pursuant to § 8.39.040, where appropriate, may be held for evidence. The City Attorney shall institute and maintain the proceedings pursuant to § 8.39.070. § 8.39.070 FORFEITURE. (A) Except as provided in division (H) below or § 8.39.100, if the City Attorney determines that the factual circumstances warrant that the vehicle described in § 8.39.020 is subject for forfeiture, the City Attorney shall file a petition for forfeiture with the Superior Court of the county. (B) A petition for forfeiture under this section shall be filed as soon as practicable, but in any case within six months of the seizure of the vehicle which is subject to forfeiture. (C) Within 30 days from the seizure, the City Attorney shall cause a notice of the seizure and of the intended forfeiture proceedings, as well as notice stating that any interested party may file a verified claim with the Superior Court in the county, to be served by personal delivery or by registered mail upon any person who has an interest in the vehicle. Whenever a notice is delivered pursuant to this section, it shall be accompanied by a claim form as described in § 8.39.090 and directions for the filing and service of a claim. Notice shall also be published once in a newspaper of general circulation in the county. (2) The City Attorney shall provide notice of the proceedings under this section, including the following information: (a) A description of the vehicle; (b) The date and place of seizure; (c) The violation of law alleged with respect to forfeiture of the property; and (d) The instruction for filing and serving a claim with the City Attorney pursuant to § 8.39.090 and time limits for filing a claim. (D) An investigation shall be made by the San BernardinoCity Police Department as to any claimant to the vehicle whose right, title, interest or lien is of record in the Department of Motor Vehicles or appropriate federal agency. If the San BernardinoCity Police Department finds that any person, other than the registered owner, is the legal owner thereof, and such ownership did not arise subsequent to the date and time of arrest or notification of the forfeiture proceedings or seizure of the vehicle, it shall immediately send a notice to the legal owner at his or her address appearing on the records of the Department of Motor Vehicles or appropriate federal Packet Page 747 Seizure and Forfeiture of Nuisance Vehicles 105 agency. (E) All notices shall set forth the time within which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed pursuant to § 8.39.090. (F) With respect to a vehicle described in § 8.39.020 for which forfeiture is sought and as to which forfeiture is contested, the city shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in § 8.39.020. Trial shall be before the court or by jury. The presiding judge of the Superior Court shall assign the action brought pursuant to this chapter for trial. (G) Upon proof by a preponderance of the evidence that the vehicle was used for any of the purposes set forth in § 8.39.020, the court shall declare the vehicle a nuisance and order that the vehicle be seized, if not previously seized and held by the Police Department, forfeited and sold and the proceeds distributed in accordance with this chapter. (H) If no claims are filed, the City Attorney shall prepare a written declaration of forfeiture of the vehicle to the court and dispose of the vehicle in accordance with this chapter. A written declaration of forfeiture signed by the City Attorney under this section shall be deemed to provide good and sufficient title to the forfeited vehicle. The City Attorney shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings. (I) If a claim is timely filed, then the City Attorney shall file a petition for forfeiture pursuant to this section within 30 days of the receipt of the claim. § 8.39.080 INNOCENT PARTIES; RETURN OF VEHICLE. Notwithstanding the provisions of this chapter, the San BernardinoCity Police Department shall return a seized vehicle upon the filing of a timely claim pursuant to § 8.39.090 and upon a showing by the claimant that: (A) The vehicle is owned by two or more persons and there is a community property interest in the vehicle by a person other than the person who used or maintained the vehicle to illegally deposit, discard, dump and/or place garbage, rubbish, recyclable discards and/or green waste, and the vehicle is the sole vehicle available to the person’s immediate family; (B) The vehicle is owned by the employer of the person who used or maintained the vehicle for illegally depositing, discarding, dumping and/or placing garbage, rubbish, recyclable discards and/or green waste, and the employer files and serves on the City Attorney a declaration or affidavit under penalty of perjury that he or she had no knowledge of said illegal activity; or (C) The vehicle is owned by a rental car agency with a duly executed contract with the person who used or maintained the vehicle for illegally depositing, discarding, dumping and/or placing said garbage, rubbish, recyclable discards and/or green waste. § 8.39.090 INTEREST CLAIM. Any person claiming an interest in a vehicle seized pursuant to § 8.39.020 must, at any time within ten days from the date of the notice of seizure, file with the Superior Court of the State of California, County of San Bernardino, San Bernardino District, a claim, verified in accordance with the Cal. Code of Civil Procedure, § 446, stating his or her interest in the vehicle. An endorsed copy of the claim shall be served by the claimant on the City Attorney within ten days of the filing of the claim. (A) If a verified claim is filed, the forfeiture proceeding shall be set for hearing on a day not less than 30 days therefrom. (B) The hearing shall be before the court or by jury. (C) The provisions of the California Code of Civil Procedure shall apply to proceedings under this chapter unless otherwise inconsistent with the provisions or procedures set forth in this chapter. However, in proceedings under this chapter, there Packet Page 748 San Bernardino - Health and Safety106 shall be no joinder of actions; coordination of actions, except for forfeiture proceedings; or cross-complaints, and the issues shall be limited strictly to the questions related to this chapter. § 8.39.100 ALTERNATIVE SETTLEMENT PROCEDURES. (A) Any person, or his or her servant, agent or employee, who owns, leases, conducts, uses or maintains any vehicle for illegally depositing, discarding, dumping and/or placing garbage, rubbish, recyclable discards and/or green waste, and whose vehicle has been seized in accordance with this chapter may request to execute a voluntary settlement agreement with the city for the return of the vehicle. However, nothing in this section shall require the city to follow these alternative settlement procedures. (B) Such request shall be made in writing to the City Attorney. The minimum amount of the settlement agreement shall be sufficient to cover all of the city’s reasonable administrative costs, including attorneys’ fees and personnel time for the seizure and forfeiture action. The costs, salary and expenses of the City Attorney and members of the City Attorney’s office in enforcing this chapter on behalf of the city shall be considered as “attorneys’ fees” for the purposes of this section. The executed settlement agreement shall be accompanied by the appropriate settlement fee amount in the form of a money order, cash or cashier’s check. All settlement funds shall be distributed as set forth in § 8.39.110(B) and (C). § 8.39.110 SALE OF VEHICLES. In all cases where a vehicle seized pursuant to this chapter is forfeited to the city, the vehicle shall be sold by the Police Department, its agent or designee, and the proceeds of the sale shall be distributed and appropriated as follows: (A) To the bona fide or innocent purchaser, conditional vendor, mortgagee or lien holder of the vehicle, if any, up to the amount of his or her interest in the vehicle, when the court or City Attorney declaring the forfeiture and sale of the vehicle orders a distribution to that person; (B) To the city for all expenditures made or incurred by it in connection with the publication of the notices set forth in this chapter, and sale of the vehicle, including expenditures for any necessary repairs, storage or transportation of any vehicle seized under this chapter; (C) The remaining funds shall be placed in the General Fund of the city, subject to appropriate accounting controls and financial audits for all deposits and expenditures; and (D) All the funds placed in the General Fund, pursuant to this chapter, shall not supplant any funds that would, in the absence of this chapter, be made available to support the law enforcement and prosecutorial efforts of the Police Department or the City Attorney’s office. § 8.39.120 NON-EXCLUSIVE REMEDY. This chapter is not the exclusive regulation or penalty for the illegal depositing, discarding, dumping and/or placing of garbage, rubbish, recyclable discards and/or green waste. Nothing in this chapter shall be deemed to prevent the City Attorney from commencing a civil action to abate a nuisance in addition to, alternatively to or in conjunction with the proceeding set forth in this chapter, nor shall anything in this chapter be deemed to prevent the city from commencing a criminal action with respect to the nuisance in addition to, alternatively to or in conjunction with the proceedings set forth in this chapter, or other ordinance, statute or state law. § 8.39.130 SEVERABILITY. If any provision of this chapter is determined by any court of competent jurisdiction, or by any federal or state agency having jurisdiction over its subject matter, to be invalid and in conflict with any paramount federal or state law or regulation now or hereafter in effect, or is determined by that court or agency to require modification in order to conform to the requirements of that paramount law or regulation, Packet Page 749 Seizure and Forfeiture of Nuisance Vehicles 107 then that provision will be deemed a separate, distinct and independent part of this chapter, and such determination will not affect the validity and enforceability of any other provisions. If that paramount federal or state law or regulation is subsequently repealed or amended so that the provision of this chapter determined to be invalid or subject to modification is no longer in conflict with that law or regulation, then that provision will again become effective and will thereafter be binding. (Ord. MC-1177, passed 8-17-2004) Packet Page 750 San Bernardino - Health and Safety108 Packet Page 751 CHAPTER 8.42: RESERVED (Repealed by Ord. MC-613, passed 12-21-1987) 109 Packet Page 752 San Bernardino - Health and Safety110 Packet Page 753 CHAPTER 8.45: RESERVED (Repealed by Ord. MC-613, passed 12-21-1987) 111 Packet Page 754 San Bernardino - Health and Safety112 Packet Page 755 CHAPTER 8.48: HOTELS AND LODGING HOUSES Section 8.48.010 Register required 8.48.020 Registration of guests required 8.48.030 Violation - penalty § 8.48.010 REGISTER REQUIRED. Every hotel and lodging house keeper shall, at all times, keep a register in which the name of each lodger or person renting or occupying a room shall be entered, together with the address of such person. The register shall be open, at all times, to the inspection of the police and to all authorized officials of the city. (Ord. 442, passed 8-15-10) § 8.48.020 REGISTRATION OF GUESTS REQUIRED. It is unlawful for any hotel keeper or lodging house keeper to rent any room to any person, or allowing or permitting any person to occupy any room, except such person so renting or occupying such room shall first register his or her name and address in the register kept for that purpose. (Ord. 442, passed 8-15-10) § 8.48.030 VIOLATION - PENALTY. Any person violating any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 442, passed 8-15-10; Ord. MC-460, passed 5-15-1985) 113 Packet Page 756 San Bernardino - Health and Safety114 Packet Page 757 CHAPTER 8.50: VENEREAL DISEASES Section 8.50.010 Control of venereal diseases 8.50.020 Administration 8.50.030 Rules and regulations 8.50.040 Violation - penalty 8.50.050 Validity 8.50.060 Supplementation of state law § 8.50.010 CONTROL OF VENEREAL DISEASES. (A) In order to supplement state legislation and to control the spread of infectious venereal disease in the city, pursuant to Cal. Health and Safety Code, § 3194, certain arrested persons reasonably believed to be infected with an infectious venereal disease and certain other persons not arrested but reasonably believed to be so infected may be ordered to report to the County Department of Public Health or to a physician and undergo examination and testing for infectious venereal disease, and to provide evidence to the city of having had such examination and testing. (B) When, in the judgment of an authorized individual, it is necessary to protect the public health, a person in either of the following categories may be reasonably believed to have an infectious venereal disease: (1) (a) Any person who is arrested for an offense in the nature of solicitation or prostitution of the type punishable under Cal. Penal Code, § 647: 1. For solicitation in prostitution related cases; or 2. For prostitution. (b) Any person who is convicted of any such offense. (2) Any person who, within the past 12 months, has had any such infectious venereal disease, or has been convicted of any offense of the kind herein specified within 12 months past and who fails to present satisfactory evidence of examination and testing for infectious venereal disease, and who is reasonably believed to be engaged in any activity in the nature of prostitution or solicitation. (C) A person in the foregoing categories who is reasonably believed to have an infectious venereal disease may be ordered in writing by the County Director of the Department of Public Health (hereinafter referred to as “health officer”), his or her authorized deputy or any city employee designated by the Mayor and approved by the health officer, to report to either his or her own physician, the County Department of Public Health or an authorized physician retained by the city, if any, at that person’s option, and to be examined and tested for the purpose of determining whether such person is, in fact, infected with an infectious venereal disease. Each such person shall submit to such examination and testing as are necessary and are authorized by law and shall permit specimens to be taken for laboratory analysis. The provisions hereof are for health purposes and shall not be utilized as, or construed to be, a penalty or punishment. (D) If any such person is found to have an infectious venereal disease of a type which is amenable to treatment, he or she shall be referred for such treatment as is consented to or is otherwise authorized by law. If such disease is not amenable to treatment, such person shall be referred for counseling under rules of the health officer. (E) Examination and testing shall occur not later than ten days after the arrest, service of an order to be examined for infectious venereal disease or release 115 Packet Page 758 San Bernardino - Health and Safety116 from custody, whichever last occurs. Within ten days after such examination and testing, each person ordered to be examined for infectious venereal disease shall obtain a medical report setting forth the results of examination and testing for infectious venereal disease and shall deliver or transmit the report to the health officer and, additionally, shall provide evidence of having had such examination and testing to the city or county issuing the order, which evidence shall not be publicly disclosed pursuant to Cal. Gov’t Code, §§ 6254(c), (k) or 62557927.700, 7927.705, 7922.000 or 7922.540(a) or other law. (Ord. MC-209, passed 9-20-1982) Editor’s note: Medical records may be exempt under Cal. Gov’t Code, § 7927.700 (2023) (formerly Cal. Gov’t Code, § 6254(c)) and various other statutes that do not require disclosure of personnel, medical or similar files which would constitute an unwarranted invasion of personal privacy. § 8.50.020 ADMINISTRATION. The health officer, his or her authorized deputy and any city employee designated by the Mayor and approved by the health officer under § 8.50.010(C) are authorized and empowered to implement the purposes of § 8.50.010 by personally serving, upon any person reasonably believed to have an infectious venereal disease, an order for examination and testing incident to an arrest or notice to appear for the charge of prostitution or solicitation of the type punishable under Cal. Penal Code, § 647(a) or (b), or incident to other activity as set forth in § 8.50.010(B)(1) or (B)(2). (Ord. MC-209, passed 9-20-1982) § 8.50.030 RULES AND REGULATIONS. The health officer may adopt, amend and rescind rules and regulations to carry out the purposes and provisions of this chapter and to govern administrative procedures hereunder. These rules and regulations shall be consistent with this chapter and other applicable law. (Ord. MC-209, passed 9-20-1982) § 8.50.040 VIOLATION - PENALTY. Any person having been served with an order to present himself or herself for examination and testing for infectious venereal disease who fails to present himself or herself for such examination and testing in the manner and within the time specified, or who violates any other order issued pursuant to § 8.50.010, or any other provision of this chapter, is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. MC-209, passed 9-20-1982; Ord. MC-460, passed 5-15-1985) § 8.50.050 VALIDITY. If any section, division, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of a court of competent jurisdiction or conflicts with any state law or regulation, such decision or such conflict shall not affect the validity of the remaining portions of the ordinance. The Council declares that it would have passed this chapter and each section, division, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, division, clauses or phrases thereof be declared invalid or unconstitutional or might conflict with any state law or regulation. (Ord. MC-209, passed 9-20-1982) § 8.50.060 SUPPLEMENTATION OF STATE LAW. This chapter is enacted with the intention of supplementing provisions of the California Health and Safety Code and California Administrative Code Packet Page 759 Venereal Diseases 117 concerning the control of venereal disease by local health officers and any provision hereof which might conflict with such state codes shall be interpreted to comply with and as subordinate to such state codes. The provisions hereof have been enacted after consultation with and the approval of the County Director of Public Health. The need of, and rational basis for, this chapter have been established and based upon statistical evidence provided by the County Department of Public Health and deductions therefrom, studies and programs in Colorado Springs and Denver, Colorado, and elsewhere, and the successful results of a similar experimental program in operation since 1976 under the jurisdiction of the Department of Public Health of the County of Monterey with the active assistance of the State Department of Health Services. (Ord. MC-209, passed 9-20-1982) Packet Page 760 San Bernardino - Health and Safety118 Packet Page 761 CHAPTER 8.51: MUFFLERS Section 8.51.010 Muffler required 8.51.020 Violation - penalty § 8.51.010 MUFFLER REQUIRED. It shall be unlawful for any person, firm or corporation to use, run or operate any stationary engine driven by means of internal combustion of gases therein within the city without placing upon the exhaust thereof a muffler or other device so as to silence the noise or report caused by the escaping of such gases from and through such exhaust. (Ord. 465, passed 9-5-11) § 8.51.020 VIOLATION - PENALTY. Any person, firm or corporation violating any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 465, passed 9-5-11; Ord. MC-460, passed 5-15-1985) 119 Packet Page 762 San Bernardino - Health and Safety120 Packet Page 763 CHAPTER 8.54: NOISE CONTROL Section 8.54.010 Purpose and intent 8.54.020 Prohibited acts 8.54.030 Issuance of written notice and impoundment 8.54.040 Cost recovery for second response 8.54.050 Controlled hours of operation 8.54.060 Exemptions 8.54.070 Disturbances from construction activity 8.54.080 Violation - penalty 8.54.090 Severability § 8.54.010 PURPOSE AND INTENT. (A) It is the purpose and intent of these regulations to establish communitywide noise standards. It is further the purpose of these regulations to recognize that the existence of excessive noise within the city is a condition which is detrimental to the health, safety, welfare and quality of life of the citizens and shall be regulated in the public interest. (B) In furtherance of the foregoing purpose, it is found and declared as follows: (1) The making, creation or maintenance of such loud, unnecessary, unnatural or unusual noises that are prolonged, unusual, annoying, disturbing and unnatural in their time, place and use are a detriment to public health, comfort, convenience, safety, general welfare and the peace and quiet of the city and its inhabitants; and (2) The public interest and necessity of the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of, and for the purpose of, securing and promoting the public health, comfort, convenience, safety, general welfare and property, and the peace and quiet of the city and its inhabitants. (Ord. MC-1246, passed 5-23-2007; Ord. 1925, passed 11-6-1951) § 8.54.020 PROHIBITED ACTS. It shall be unlawful for any person to engage in the following activities: (A) Sounding any horn or signal device on any automobile, motorcycle, bus or other motor vehicle in any other manner or circumstances or for any other purpose than required or permitted by the California Vehicle Code, or other laws, for an unnecessary or unreasonable period of time; (B) Racing the engine of any motor vehicle while the vehicle is not in motion, except when necessary to do so in the course of repairing, adjusting or testing the same; (C) Operating or permitting the use of any motor vehicle on any public right-of-way or public place or on private property within a residential zone for which the exhaust muffler, intake muffler or any other noise abatement device has been modified or changed in a manner such that the noise emitted by the motor vehicle is increased above that emitted by the vehicle as originally manufactured; (D) Using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other sound-amplification or production equipment for producing or reproducing sound in such a manner as to disturb the peace, quiet 121 Packet Page 764 San Bernardino - Health and Safety122 or comfort of neighboring persons, or at any time with louder volume than is necessary for the convenient hearing of the person or persons who are in the room, vehicle or other enclosure in which such machine or device is operated, and who are voluntary listeners thereto and that is: (1) Plainly audible across property boundaries; (2) Plainly audible through partitions common to two residences within a building; (3) Plainly audible at a distance of 50 feet in any direction from the source of the music or sound between the hours of 8:00 a.m. and 10:00 p.m.; or (4) Plainly audible at a distance of 25 feet in any direction from the source of the music or sound between the hours of 10:00 p.m. and 8:00 a.m. (E) The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or any motor vehicle burglar alarm, except for emergency purposes or for testing, unless such alarm is terminated within 15 minutes of activation; (F) Yelling, shouting, whistling or singing in a loud and boisterous manner on the public streets so as to disturb the quiet, comfort or repose of persons in any office, dwelling, hotel or other type of residence or neighborhood; (G) The keeping of any animal, fowl or bird which by causing frequent or long continued noise disturbs the comfort, quiet or repose of any person or neighborhood; (H) The unnecessary or excessive blowing of whistles, sounding of horns, ringing of bells or use of signaling devices by operators of trains, motor trucks and other transportation equipment; (I) The creation of loud and excessive noise in connection with the loading or unloading of motor trucks and other vehicles; (J) The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of any considerable number of persons or neighborhood; (K) The doing of automobile, automotive body or fender repair work or other work on metal objects and metal parts in a residential district so as to cause loud and excessive noise which disturbs the peace, quiet and repose of any person occupying adjoining or closely situated property or neighborhood; (L) The operation or use between the hours of 10:00 p.m. and 8:00 a.m. of any pile driver, steam shovel, pneumatic hammers, derrick, steam or electric hoist, power driven saw or any other tool or apparatus, the use of which is attended by loud and excessive noise, except with the approval of the city; (M) Creating excessive noise adjacent to any school, church, court or library while the same is in use, or adjacent to any hospital or care facility, which unreasonably interferes with the workings of such institution, or which disturbs or unduly annoys patients in the hospital; provided conspicuous signs are displayed in such streets indicating the presence of a school, institution of learning, church, court or hospital; and (N) Making or knowingly and unreasonably permitting to be made any unreasonably loud, unnecessary or unusual noise that disturbs the comfort, repose, health, peace and quiet, or which causes discomfort or annoyance to any reasonable person of normal sensitivity. The characteristics and conditions that may be considered in determining whether this section has been violated include, but are not limited to, the following: (1) The level of noise; (2) The level of background noise; (3) The proximity of the noise to sleeping facilities; (4) The nature and zoning of the areas within which the noise emanates; (5) The density of the inhabitation of the Packet Page 765 Noise Control 123 area within which the noise emanates; (6) The time of day or night the noise occurs; (7) The duration of the noise; (8) Whether the noise is recurrent, intermittent or constant; and (9) Whether the noise is produced by a commercial or non-commercial activity. (Ord. MC-1246, passed 5-23-2007; Ord. 2102, passed 4-3-1956; Ord. 1925, passed 11-6-1951) § 8.54.030 ISSUANCE OF WRITTEN NOTICE AND IMPOUNDMENT. (A) (1) Any officer who encounters a violation of this section may issue a written notice to the responsible person demanding immediate abatement of the violation. The written notice shall inform the recipient that a second violation of the same provision within a 72-hour period may result in the issuance of a criminal citation, the imposition of criminal and civil penalties and confiscation and impoundment, as evidence of the components that are amplifying or transmitting the prohibited noise. (2) (a)RESPONSIBLE PERSON means: 1. Any person who owns, leases or is lawfully in charge of the property or motor vehicle where the noise violation takes place; or 2. Any person who owns or controls the source of the noise or violation. (b) If the RESPONSIBLE PERSON is a minor, then the parent or guardian who has custody of the child at the time of the violation shall be the RESPONSIBLE PERSON who is liable under this chapter. (B) Any officer who encounters a second violation of this chapter within a 72-hour period following the issuance of a written notice is empowered to confiscate and impound, as evidence, any or all of the components amplifying or transmitting the sound. The immediate confiscation of a motor vehicle to which a component is attached may be made if the same may not be removed without causing harm to the vehicle or component. (C) Any person claiming legal ownership of the items confiscated and impounded under this chapter may request the return of the item by filing a written request with the Police Department within seven calendar days of the confiscation. Such requests shall be processed in accordance with the procedures adopted by the Department. (Ord. MC-1246, passed 5-23-2007; Ord. MC-649, passed 1-4-1989; Ord. 1925, passed 11-6-1951) § 8.54.040 COST RECOVERY FOR SECOND RESPONSE. (A) Whenever any officer issues a written notice to a responsible person to discontinue a noise violation, the responsible person shall be liable for the actual cost of each subsequent response required to abate the violation within 72 hours of the issuance of the written warning. (B) The bill for the response charge shall be served upon the responsible person within 30 days after the violation. If the responsible person has no last known business or residence address, the location of the violation shall be deemed to be the proper address for service. The bill shall include a notice of the right of the person being charged to request a hearing to dispute the imposition of the response charge or the amount of the charge. (C) The response charge shall be deemed to be a civil debt to the city. (Ord. MC-1246, passed 5-23-2007; Ord. MC-460, passed 5-15-1985; Ord. 1925, passed 11-6-1951) § 8.54.050 CONTROLLED HOURS OF OPERATION. It shall be unlawful for any person to engage in the following activities other than between the hours of 8:00 a.m. and 8:00 p.m. in residential zones and other Packet Page 766 San Bernardino - Health and Safety124 than between the hours of 7:00 a.m. and 8:00 p.m. in all other zones: (A) Operate or permit the use of powered model vehicles and planes; (B) Load or unload any vehicle, or operate or permit the use of dollies, carts, forklifts or other wheeled equipment that causes any impulsive sound, raucous or unnecessary noise within 1,000 feet of a residence; (C) Operate or permit the use of domestic power tools, or machinery or any other equipment or tool in any garage, workshop, house or any other structure; (D) Operate or permit the use of gasoline or electric powered leaf blowers, such as commonly used by gardeners and other persons for cleaning lawns, yards, driveways, gutters and other property; (E) Operate or permit the use of privately operated street/parking lot sweepers or vacuums, except that emergency work and/or work necessitated by unusual conditions may be performed with the written consent of the City Manager; (F) Operate or permit the use of electrically operated compressor, fan and other similar devices. (G) Operate or permit the use of any motor vehicle with a gross vehicle weight rating in excess of 10,000 pounds, or of any auxiliary equipment attached to such a vehicle, including, but not limited to, refrigerated truck compressors for a period longer than 15 minutes in any hour while the vehicle is stationary and on a public right-of-way or public space except when movement of said vehicle is restricted by other traffic; and (H) Repair, rebuild, reconstruct or dismantle any motor vehicle or other mechanical equipment or devices in a manner so as to be plainly audible across property lines. (Ord. MC-1246, passed 5-23-2007) § 8.54.060 EXEMPTIONS. The following activities and noise sources shall be exempt from the provisions of this chapter: (A) The use of horns, sirens or other signaling or warning devices by persons vested with legal authority to use the same, and in pursuit of their lawful duties, such as on ambulances, fire, police or other governmental or official equipment; (B) Such noises as are an accompaniment and effect of a lawful business, commercial or industrial enterprise carried on in an area zoned for that purpose, except where there is evidence that such noise is a nuisance and that such a nuisance is a result of the employment of unnecessary and injurious methods of operation; (C) Activities conducted on the grounds of any public or private school during regular hours of operation; (D) Outdoor gatherings, public dances, shows and sporting and entertainment events provided said events are authorized by the city; (E) Activities conducted at public spaces during regular hours of operation; (F) Any mechanical devices, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work; (G) Construction, repair or excavation necessary for the immediate preservation of life or property; (H) Construction, operation, maintenance and repairs of equipment, apparatus or facilities of park and recreation departments, public work projects or essential public services and facilities, including, but not limited to, trash collection and those of public utilities subject to the regulatory jurisdiction of the State Public Utilities Commission; (I) Construction, repair or excavation work performed pursuant to a valid written agreement with the city, or any of its political subdivisions, which provides for noise mitigation measures; (J) Any activity to the extent that regulation Packet Page 767 Noise Control 125 thereof has been preempted by state or federal law; and (K) Sounds generated in connection with speech or communication protected by the U.S. Constitution or the California Constitution, except to the extent such sounds are subject to permissible time, place and manner restrictions. (Ord. MC-1246, passed 5-23-2007) § 8.54.070 DISTURBANCES FROM CONSTRUCTION ACTIVITY. No person shall be engaged or employed or cause any other person to be engaged or employed in any work of construction, erection, alteration, repair, addition, movement, demolition or improvement to any building or structure except within the hours of 7:00 a.m. and 8:00 p.m. (Ord. MC-1246, passed 5-23-2007) § 8.54.080 VIOLATION - PENALTY. Any person violating any of the provisions of this chapter is guilty of an infraction or a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. MC-1246, passed 5-23-2007) § 8.54.090 SEVERABILITY. The provisions of this chapter are severable and, if any sentence, section or other part of this chapter should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect. (Ord. MC-1246, passed 5-23-2007) Packet Page 768 San Bernardino - Health and Safety126 Packet Page 769 CHAPTER 8.57: SOUND VEHICLES Section 8.57.010 Definitions 8.57.020 Exclusions and exceptions 8.57.030 Sound vehicles prohibited in certain places 8.57.040 Registration required 8.57.050 Filing changes in application 8.57.060 Registration and identification 8.57.070 Regulation for use 8.57.080 Commercial advertising by sound truck prohibited 8.57.090 Violation - penalty § 8.57.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. PERSON. Includes the singular and the plural and also means and includes any person, firm, corporation, association, club, partnership, society or any other form of association or organization. SOUND VEHICLE. Any vehicle which carries or is equipped with any instrument or device for the production or reproduction of music, spoken words or other sounds, or any loudspeaker, or other sound-amplifying device designed to enlarge the volume of sound produced by any instrument or by the human voice, which instrument or device is used, or intended to be used, for the purpose of advertising or calling attention to any article, thing or event, or for the purpose of addressing the public or of attracting the attention of the public, along or upon the public streets or ways along which such vehicle travels. (Ord. 2096, passed 2-21-1956) § 8.57.020 EXCLUSIONS AND EXCEPTIONS. The definitions set forth in § 8.57.010 shall not be deemed to include: (A) Vehicles used only in a parade conducted pursuant to a permit issued by the CommonCity Council; (B) A vehicle equipped with a siren or horn designed and used for the purpose of warning traffic because of such equipment or use, nor any vehicle operated by any governmental agency within the course of its public functions; and (C) Persons who are licensed by the city to sell goods, wares and merchandise from vehicles and whose vehicles are equipped with sound apparatus emitting music only; provided the sound of such music does not exceed 90 decibels measured at a distance of ten feet from the speaker of the apparatus in that area of the city between Mt. Vernon Avenue and “E” Street and Marshall Boulevard and the west city limits thereof and 95 decibels elsewhere in the city. (Ord. 2096, passed 2-21-1956) § 8.57.030 SOUND VEHICLES PROHIBITED IN CERTAIN PLACES. It is unlawful for any person to drive, operate, propel or park any sound vehicle with the sound-making device, sound-amplifying device or loudspeaker thereof in use or operation: 127 Packet Page 770 San Bernardino - Health and Safety128 (A) Within 300 feet of any hospital or school, at any time; (B) Upon any public street or way between the hours of 6:30 p.m. and 9:00 a.m. of the following day; (C) Upon any public street or way on any Sunday; (D) Upon Arrowhead, “D,” “E” and “F’ Streets between Second Street and Sixth Street, inclusive, including both sides of the street; (E) Upon Third, Court, Fourth, Fifth and Church Streets between Arrowhead and “F” Streets, inclusive, including both sides of the street; and (F) Upon Highland Avenue between Sierra Way and “I” Street, including both sides of the street. (Ord. 2096, passed 2-21-1956; Ord. MC-460, passed 5-15-1985) § 8.57.040 REGISTRATION REQUIRED. (A) It is unlawful for any person to use or cause to be used a sound vehicle with its sound-amplifying equipment in operation for non-commercial purposes in the city before filing a registration statement with the City Clerk in writing. (B) This registration statement shall be filed in duplicate not less than seven days nor more than 30 days before the date of the proposed use of such vehicle and shall include the following information: (1) Name, home address and telephone number of the applicant; (2) Business address, telephone number and nature of applicant’s business or the organization which he or she represents; (3) Make of vehicle and license and motor numbers thereof; and a description of the vehicle to be used; (4) Name, address and telephone number of the legal and registered owner of the vehicle; (5) Name, address and telephone number of person or persons who will be present and in control or in direct charge of the vehicle; (6) Name, address and telephone number of all persons who will use or operate such vehicle as driver, speaker or sound operator; (7) The general purpose, nature and type of program which will be used; (8) A general statement as to the route and section or sections of the city in which the vehicle will be used; (9) The proposed hours of operation of the vehicle; (10) The number and designation of the days, weeks or months of proposed operation and use of such vehicles; (11) A specific description of the sound-amplifying equipment to be used; (12) The minimum and maximum sound-producing power of the sound-amplifying equipment; (13) The wattage and voltage capacity of the sound-amplifying equipment; (14) The volume range in decibels of the sound which can be produced by said sound-amplifying equipment; (15) The approximate minimum and maximum distances for which sound may be thrown from the vehicle; (16) The address and time where and when such vehicle may be inspected; (17) The size and type of sign to be displayed and a description of its subject; and (18) Each application shall have attached Packet Page 771 Sound Vehicles 129 thereto three photographs of not less than four by five inches in size showing the front, sides and back of the vehicle, with all exterior equipment and signs clearly visible on said photographs. (Ord. 2096, passed 2-21-1956; Ord. 3300, passed 10-24-1972; Ord. MC-460, passed 5-15-1985) § 8.57.050 FILING CHANGES IN APPLICATION. Upon any change in the information as to any matter set forth in the application, the applicant shall, within 48 hours after such change, file an amended application. An amended application filed within five days before the proposed using date shall automatically postpone the using date for an additional 30 days. (Ord. 2096, passed 2-21-1956) § 8.57.060 REGISTRATION AND IDENTIFICATION. The City Clerk shall return to each applicant under § 8.57.040 one copy of the registration statement duly certified by the City Clerk as a correct copy of the application. The certified copy of the application shall be in the possession of any person operating the sound vehicle at all times while the sound vehicle’s sound-amplifying equipment is in operation, and the copy shall be promptly displayed and shown to any police officer of the city upon request. (Ord. 2096, passed 2-21-1956) § 8.57.070 REGULATION FOR USE. Non-commercial use of sound vehicles with sound-amplifying equipment in operation in the city shall be subject to the following regulations. (A) The only sounds permitted are music or human speech. (B) Operation is permitted for a period of four hours each day except Sundays when no operation shall be permitted. (C) The permitted hours of operation shall be between the hours of 11:30 a.m. and 1:30 p.m. and between the hours of 4:30 p.m. and 6:30 p.m. (D) Sound-amplifying equipment shall not be operated unless the vehicle upon which equipment is mounted, or from which sound is emitted, is operated and propelled at a speed of at least 15 mph, except when the vehicle is stopped or impeded by traffic. When stopped by traffic or otherwise impeded, the sound-amplifying equipment shall not be operated for a period longer than one minute at each stop and the sound-amplifying equipment shall not again be operated until the vehicle has progressed 300 feet from each of such stopping places. (E) Sound-amplifying equipment shall not be operated or sound emitted therefrom within 300 feet of hospitals, schools, churches or courthouses. (F) The human speech or recorded voice amplified shall not be profane, lewd, indecent, offensive or slanderous, and the words used shall not be such as to incite riot, unlawfulness, breaches of the peace or force or violence. (G) The volume of sound shall be controlled so that it will not be audible for a distance in excess of 300 feet from the sound vehicle in any direction. (H) No sound-amplifying equipment shall be operated in excess of 15 watts of power in the last stages of amplification. (I) The vehicle shall, at all times, be operated so as not to interfere with the normal movement of traffic of vehicles and pedestrians, and shall be stopped both in movement and operation of sound-amplifying equipment upon the approach of authorized emergency vehicles. (J) The movement of such vehicles shall, at all times, comply with the provisions of the California Vehicle Code and this code relating to traffic regulations. (K) A statement that applicant, if granted a permit, will not permit, suffer or allow the use and operation of the vehicle in any manner other than as Packet Page 772 San Bernardino - Health and Safety130 set forth in the application, or the use of any other equipment apparatus or device other than as described and referred to in the application. (L) The vehicle with sound-amplifying equipment shall not be operated within 300 feet of any hall, auditorium, coliseum or other place wherein a meeting or other public event is in progress and more than 100 persons are in attendance. (Ord. 2096, passed 2-21-1956) § 8.57.080 COMMERCIAL ADVERTISING BY SOUND TRUCK PROHIBITED. It is unlawful for any person to operate, or cause to be operated, any sound vehicle for commercial sound advertising purposes in the city with sound-amplifying equipment in operation. (Ord. 2096, passed 2-21-1956; Ord. MC-460, passed 5-15-1985) § 8.57.090 VIOLATION - PENALTY. Any person who violates any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 2096, passed 2-21-1956; Ord. MC-460, passed 5-15-1985) Packet Page 773 CHAPTER 8.60: FIREWORKS Section 8.60.010 Location of sales and discharge of fireworks 8.60.015 Sale of fireworks to minors prohibited; identification required 8.60.020 License - required 8.60.030 License - application - public liability insurance 8.60.040 License - notice of granting or rejection 8.60.050 License - prerequisites to issuance 8.60.060 Suspension of license - appeal procedure 8.60.070 Operation of temporary fireworks stand 8.60.080 Requirements for fireworks supplier 8.60.090 License tax 8.60.095 Regulatory fee for licensee and fireworks supplier 8.60.100 Temporary sales tax permit required 8.60.110 Display of license and sales tax permit 8.60.120 Permissible locations for discharge 8.60.130 Prohibitions on sale or discharge 8.60.140 Reserved 8.60.150 Violation - penalty 8.60.155 Reward Fund 8.60.160 Financial reporting 8.60.170 Residential storage of fireworks Appendix A: Location of Sales and Discharge of Fireworks § 8.60.010 LOCATION OF SALES AND DISCHARGE OF FIREWORKS. (A) Safe and sane fireworks, as defined by the Cal. Health and Safety Code, § 12529, may be sold, stored, possessed and discharged within the city subject to the requirements of this chapter, except that such sale, storage, possession or discharge shall not be allowed in the following designated areas. Such areas are depicted on a map entitled “Location of Sales and Discharge of Fireworks” on file in the City Clerk’s office and incorporated herein by reference, a reduced copy of which is attached to this chapter as Appendix A. (B) Such areas are designated as follows: (1) That area within the city lying north of a line extending from the west city limits at Highland Avenue to the east city limits and bounded on the south side by streets and highways as follows: commencing from the west city limits at the centerline of Highland Avenue thence easterly to the intersection of Highland Avenue and the 210/30 Freeway; thence easterly following the 210/30 Freeway to the interchange of Highway 330; thence north-easterly following Highway 330 to the intersection of Highland Avenue, east of Boulder; thence easterly from the intersection of Highland Avenue and Highway 330 along the centerline of Highland Avenue; thence continuing south-easterly along the centerline of Highland Avenue and its south-easterly prolongation to the intersection of the southerly prolongation of the most easterly borderline of the city, as depicted on the previously referenced map on file in the City Clerk’s office, a reduced copy of which is attached to this chapter; (2) That area within the city, whether contiguous or not, which lies north or northwest of a line from the west city limits at Highland Avenue, in a westerly direction on Highland Avenue to the 210 Freeway, and then west on the 210 Freeway to the I-15 Freeway. That area within the city, whether 131 Packet Page 774 San Bernardino - Health and Safety132 contiguous or not, which lies north or northeast of the intersection of the I-15 Freeway and the 215 Freeway, as depicted on the previously referenced map on file in the City Clerk’s office, a reduced copy of which is attached to this chapter; (3) Inclusive of the area within the city limits beginning at the intersection of Highland Avenue and Boulder Avenue, Highland Avenue west to Victoria Avenue, Victoria Avenue south to Baseline Street; Baseline Street east to Boulder Avenue, Boulder Avenue north to Highland Avenue, as depicted on the previously referenced map on file in the City Clerk’s office, a reduced copy of which is attached to this chapter; and (4) Inclusive of the area beginning at the intersection of Pacific Street and Del Rosa Avenue, Pacific Street west to Perris Hill Park Road, Perris Hill Park Road north to an imaginary line extending north from Perris Hill Park Road to intersect Highland Avenue, Highland Avenue east to Del Rosa Avenue, Del Rosa Avenue south to Pacific Street, as depicted on the previously referenced map on file in the City Clerk’s office, a reduced copy of which is attached to this chapter. (Ord. 2884, passed 2-6-1968; Ord. MC-219, passed 11-2-1982; Ord. MC-1022, passed 5-19-1998; Ord. MC-1138, passed 2-19-2003; Ord. MC-1578, passed 5-18-2022) § 8.60.015 SALE OF FIREWORKS TO MINORS PROHIBITED; IDENTIFICATION REQUIRED. The sale of fireworks to anyone under the age of 18 is prohibited. A valid form of identification is required at time of purchase. (Ord. MC-1022, passed 5-19-1998; Ord. MC-1138, passed 2-19-2003) § 8.60.020 LICENSE - REQUIRED. Except as provided in this chapter, it is unlawful for any person, organization, group or association and the like to offer for sale or sell at retail any fireworks of any kind in the city without having first applied for and received a license from the Department of Finance and Management Services. (Ord. 2884, passed 2-6-1968; Ord. MC-460, passed 5-15-1985; Ord. MC-1138, passed 2-19-2003; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 8.60.030 LICENSE - APPLICATION - PUBLIC LIABILITY INSURANCE. All applications for a license to sell fireworks shall: (A) Be made in writing and accompanied by the tax set forth in § 8.60.090, in addition to a non-refundable fireworks administrative fee of $50, or such other amount as shall be subsequently set by resolution of the Mayor and City Council. The fee will be used to defray the administrative costs of the fireworks program. Applications shall be made between March 1 and March 31 of each year, except when the thirty-first falls on a Saturday, Sunday or legal holiday, the following business day shall be determined to be the last day; (B) Set forth the proposed location of the fireworks stand applied for. The stands must be on private property located in Commercial General (“CG”) or Commercial Regional (“CR”) General Plan Land Use Districts and the written permission of the owner of record or lessee must accompany the application; (C) Be accompanied by an assurance that if the license is issued to the applicant, the applicant shall, at the time of receipt of the license, deliver to the Department of Finance and Management Services a minimum of $1,000,000 public liability and property damage insurance policies with riders attached to the policies designating the city as an additional insured under this chapter, and a copy of the requisite permit from the State Fire Marshal; (D) Include a copy of the applicant’s current 501(c)(3), (4), (5), (6), (8), (10), (19), (20) or 501(d) verification of non-profit status, or demonstrate that it is a non-profit organization, group, association and the like, which is organized primarily for veteran, Packet Page 775 Fireworks 133 patriotic, welfare, civic or social betterment (including public or private school clubs, groups, organizations or such other public or private school affiliates) or charitable purposes; (E) Demonstrate how revenues received would benefit the citizens of the city by submitting official Board minutes detailing the intent and authorization to sell fireworks. Such minutes shall detail what sites, populations or projects within the city will benefit and for what purposes; and (F) Have attached a completed financial statement form that describes anticipated revenues, expenses and profits. Such form will be provided by the Department of Finance and Management Services to each applicant. The information contained in this form shall furthermore detail how much money will be provided to the projects mentioned pursuant to division (E) above. No less than 90% of the net profits derived from the sale of fireworks in the city by the applicant shall be utilized for the direct advancement of the applicant’s stated non-profit purposes within the city in accordance with division (E) above. (Ord. 2884, passed 2-6-1968; Ord. MC-1138, passed 2-19-2003; Ord. MC-1484, passed 4-18-2018; Ord. MC-1578, passed 5-18-2022; Ord. MC-1625, passed 2-21-2024) § 8.60.040 LICENSE - NOTICE OF GRANTING OR REJECTION. Applicants for any such license shall be notified by the Department of Finance and Management Services by April 15 of the granting or rejection of such application for a license. No license shall be issued if the applicant fails to provide all the information or fails to meet all the criteria specified in § 8.60.030, or any other provision of this chapter. The decision of the Department of Finance and Management Services may be appealed to the Mayor and City Council under the provisions of Chapter 2.64. The decision of the Mayor and City Council shall be final. (Ord. 2884, passed 2-6-1968; Ord. MC-1138, passed 2-19-2003; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 8.60.050 LICENSE - PREREQUISITES TO ISSUANCE. The following qualifications must be met by each applicant for a license issued under this chapter. (A) No license shall be issued to any applicant, except a non-profit organization, group, association and the like, organized and operating within the city limits in conformity with § 8.60.030(D), (E) and (F). (B) Each such applicant must have its principal and permanent meeting place in the corporate limits of the city and must have been organized and established in the city’s corporate limits for a minimum of one year continuously preceding the filing of the application for the license, and must have a bona fide membership of at least 20 members. (C) No applicant may receive more than one license or participate in more than one fireworks stand during any one calendar year. The maximum number of licenses that may be issued during any one calendar year shall be 35. All applicants shall be reviewed for compliance with this chapter. All qualified applicants who held a license during 2002, whether as an individual or as part of a joint venture, shall have priority for the available licenses in 2003. Priority will also be given in 2003 to any joint venture which has at least one qualified applicant who held a license during 2002. Any remaining licenses in 2003, after deducting priority applicants, shall be determined by lottery and shall be granted by a drawing supervised by the City Clerk. (D) One license may be issued to two or more qualified applicants as a joint venture; provided that the application for the joint venture is submitted prior to the application deadline. Each qualified applicant in a joint venture which is granted a license is deemed to be a co-licensee and shall have the same benefits, duties and liabilities under the license. (E) All qualified applicants who held a license the immediate previous year, whether as an individual or as part of a joint venture, shall have priority for the available licenses for the immediate next year. However, if the total number of qualified applicants who were licensees or co-licensees from said previous Packet Page 776 San Bernardino - Health and Safety134 year exceeds 35 licenses because the membership(s) of joint venture(s) has changed or the joint venture ceases to exist, then those qualified applicants which were part of such joint venture(s) shall lose their priority and shall be placed in a lottery drawing for any remaining available licenses after all other qualified applicants from the immediate previous year are granted licenses. If the total number of qualified applicants who were licensees or co-licensees from the immediate previous year does not exceed 35 licenses, then any remaining licenses shall be determined by lottery and shall be granted by a drawing supervised by the Director of Finance and Management Services. Any prior licensee, the license of which has been suspended under the provisions of § 8.60.060, shall be eligible for a new license only upon satisfying the Fire Chief or the Police Chief that suitable arrangements have been made to preclude future violations. (Ord. 2884, passed 2-6-1968; Ord. 3236, passed 2-25-1972; Ord. MC-219, passed 11-2-1982; Ord. MC-1138, passed 2-19-2003; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 8.60.060 SUSPENSION OF LICENSE - APPEAL PROCEDURE. (A) The Fire Chief, or his or her designee, and the Police Chief, or his or her designee, shall each be authorized to suspend immediately and without notice or formal hearing the license of any licensee which violates any rule, regulation or ordinance while operating or preparing to operate a fireworks stand during or immediately preceding any period of sale. If the Fire Chief, or his or her designee, or the Police Chief, or his or her designee, establishes that a violation has occurred too late to suspend the license during the period of sale, he or she shall have power to suspend the licensee from future licenses, and to suspend the priority of the licensee, for any such violation found to have occurred during or immediately preceding or immediately following the authorized period of sale. (B) The decision of the Fire Chief, or his or her designee, or the Police Chief, or his or her designee, to suspend the license of any licensee shall be subject to review by the City Manager. In view of the limited sales period each year, for suspensions affecting the sale period, such hearing shall be held at the earliest possible time that the licensee, the City Manager, or his or her designee, and the representative of the Fire Chief or Police Chief can schedule such hearing; provided that in every case, said hearing shall be held within 72 hours of the Fire Chief’s or Police Chief’s decision. For suspensions after the sale period, the hearing shall be held within one month after the request for hearing, which request must be made within 15 days after notice of the suspension. The City Manager is authorized to set aside the suspension, or to modify the suspension by limiting its effect to only one or more days, or by setting aside the forfeiture of priority status for future years. The decision of the City Manager may be appealed to the Mayor and City Council under the provisions of Chapter 2.64. The decision of the Mayor and City Council shall be final. (Ord. MC-219, passed 11-2-1982; Ord. MC-1138, passed 2-19-2003; Ord. MC-1484, passed 4-18-2018) § 8.60.070 OPERATION OF TEMPORARY FIREWORKS STAND. The license entity, the person(s) who signs the application for the license and the supervisor or manager on the license present in charge of each fireworks stand shall comply and ensure compliance with the following. (A) No person, organization, group, association and the like other than the licensee entity shall be allowed to operate the stand for which the license is issued or to otherwise participate in the profits of the operation of such stand. (B) No person, organization, group, association and the like other than the individuals who are members of the licensee entity, or the spouses or adult children of such members, shall be allowed to sell or otherwise participate in the sale of fireworks at such stand. (C) No consideration shall be paid to any person for selling or otherwise participating in the sale of fireworks at such stand. (D) No person under 18 years of age shall be permitted in the stand and signage shall be prominently Packet Page 777 Fireworks 135 displayed in/on the stands stating that no person under 18 years of age shall be permitted in the stand. (E) No person shall consume alcoholic beverages within 25 feet of any stand. (F) An emergency contact telephone number shall be posted on the exterior and interior surfaces of all exit doors. (G) All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and sales from any other building or structure is prohibited. (H) No fireworks stand shall be located within 25 feet of any other building nor within 100 feet of any gasoline pump. (I) Fireworks stands need not comply with the provisions of the Building Code of the city; provided that all stands shall be erected under the supervision of the Director of the Department of Development Services, or his or her designee, who shall require that stands be constructed in a manner that will reasonably ensure the safety of attendants and patrons. In addition, each stand and its location shall be inspected and approved by the Fire Marshal prior to commencing storage or sales of fireworks therein. (J) No stand shall have a floor area in excess of 300 square feet. (K) Each stand in excess of 24 feet in length must have at least two exits; and each stand in excess of 40 feet in length must have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed 24 feet. (L) Each stand shall be provided with two two and one-half gallon water pressure type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire, at all times during the storage/sales of fireworks. (M) All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least 20 feet surrounding the stand. (N) “No smoking” signs shall be prominently displayed on the fireworks stand, and no smoking shall be permitted within 25 feet of any fireworks stand. (O) Each stand shall have a person present and designated as supervisor or manager in charge thereof, at all times, who is listed on the license, while fireworks are stored or sold therein. Sleeping or remaining in the stand after close of business each day is forbidden. (P) The sale, use, storage or possession of fireworks shall not begin before 12:00 p.m. on July 1 and shall not continue after midnight on July 4. (Q) Each stand shall post for public viewing, a copy of the map identified in § 8.60.010 (“Location of Sales and Discharge of Fireworks” in Appendix A) and shall also provide a copy of this map to each purchaser of fireworks. The costs of copying such maps shall be borne by the licensee. (R) All unsold stock and accompanying litter shall be removed from the location by 5:00 p.m. on July 5. (S) The fireworks stand shall be removed from the temporary location by 12:00 p.m. on July 15, and all accompanying litter shall be cleared from the location by said time and date. (Ord. 2884, passed 2-6-1968; Ord. MC-460, passed 5-15-1985; Ord. MC-1138, passed 2-19-2003; Ord. MC-1194, passed 4-4-2005; Ord. MC-1578, passed 5-18-2022) § 8.60.080 REQUIREMENTS FOR FIREWORKS SUPPLIER. (A) Prior to the issuance of a license, each applicant shall file with the Department of Finance and Management Services a cash deposit, certificate of deposit or a surety bond posted by the fireworks supplier and made payable to the city in the amount of $300, or such other amount as may be subsequently set by resolution of the Mayor and City Council to ensure compliance with the provisions of this chapter. Packet Page 778 San Bernardino - Health and Safety136 (B) Such deposit or certificate shall be refundable upon compliance with the provisions and requirements of this chapter, including, but not limited to, the removal of the stand and the cleaning of the site. (C) In the event the fireworks supplier does not so comply to remove the stand or clean the site in the manner required by the Department of Community Development and Housing, the city may do so, or cause the same to be done by other persons, and the reasonable cost thereof shall be a charge against the fireworks supplier and his or her surety and the deposit, certificate or bond. (Ord. 2884, passed 2-6-1968; Ord. MC-1027, passed 9-9-1998; Ord. MC-1138, passed 2-19-2003; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 8.60.090 LICENSE TAX. As set by Ord. 2884, the license tax for the selling of fireworks within the city shall be $200 per year per stand which tax must be paid at the time application for a stand is filed with the Department of Finance and Management Services. (Ord. 2884, passed 2-6-1968; Ord. MC-1138, passed 2-19-2003; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 8.60.095 REGULATORY FEE FOR LICENSEE AND FIREWORKS SUPPLIER. (A) The city shall assess a regulatory fee based on the gross sales of fireworks on all fireworks sales that occur within the city. One-half of the regulatory fee shall be paid by the licensee and the remaining one-half shall be paid by the fireworks supplier. The purpose of the regulatory fee is to raise sufficient funds for the city to pay for fireworks public education and an awareness campaign about fireworks, and for enforcing the provisions of this chapter, including extra personnel time for fire inspection and enforcement duties. (B) Prior to imposing the fee, the city shall prepare a study of the anticipated cost for fireworks education, awareness and enforcement. After preparing the study, the Mayor and CommonCity Council shall adopt a resolution setting the regulatory fee rate no later than 7:00 p.m. on July 1 of each year. The regulatory fee rate shall not exceed 10% of the total gross sales of the fireworks sold in the city by licensees during the period set forth in § 8.60.070(P). (C) The Department of Finance and Management Services, each year, shall determine the amount of the regulatory fee based on the licensee’s fireworks sales financial statements. Each licensee shall provide its fireworks sales financial statement and its fireworks supplier’s information to the city no later than August 31 for the period set forth in § 8.60.070(P). After the Department of Finance and Management Services receives the financial statements, the Department of Finance and Management Services shall invoice each licensee and each fireworks supplier for its share of the total annual regulatory fee. Payment of the regulatory fee by each licensee and each fireworks supplier shall be due to the city 30 days following the issuance of the invoice. (D) Failure by any licensee or fireworks supplier to pay the amount invoiced by the City Department of Finance and Management Services shall be cause to disqualify the licensee from obtaining a license to sell fireworks and disqualify the fireworks supplier from providing its products for sale in the city in the future. In the event that the regulatory fee is not paid by the due date, it shall be subject to a 10% penalty for each month or portion of a month that it is overdue. If not paid by the due date, the amount becomes a debt owed to the city subject to collection by any legal means available. (E) Any person who violates or causes violation of any provision of this section shall be deemed guilty of an infraction or a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. MC-1194, passed 4-4-2005; Ord. MC-1308, passed 6-16-2009; Ord. MC-1390, passed 7-1-2013; Ord. MC-1625, passed 2-21-2024) § 8.60.100 TEMPORARY SALES TAX PERMIT REQUIRED. Packet Page 779 Fireworks 137 Applicants licensed for the selling of fireworks are required to obtain a temporary sales tax permit from the State Board of Equalization. (Ord. 2884, passed 2-6-1968; Ord. MC-1138, passed 2-19-2003) § 8.60.110 DISPLAY OF LICENSE AND SALES TAX PERMIT. The license to sell fireworks and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. (Ord. 2884, passed 2-6-1968; Ord. MC-1138, passed 2-19-2003) § 8.60.120 PERMISSIBLE LOCATIONS FOR DISCHARGE. The use of fireworks in the city shall be limited to private property except as otherwise provided in this chapter. No fireworks shall be discharged on public or private unpaved open areas such as vacant lots or fields, or in a public street or right-of-way, or in public parks except when specifically permitted for public display, and except those areas approved by the Fire Chief. (Ord. MC-785, passed 5-21-1991; Ord. MC-788, passed 6-4-1991; Ord. MC-965, passed 4-3-1996; Ord. MC-966, passed 4-16-1996; Ord. MC-1138, passed 2-19-2003) § 8.60.130 PROHIBITIONS ON SALE OR DISCHARGE. (A) It is unlawful for any person, organization, group, association and the like to sell, use, store or possess any fireworks except during the time period specified in § 8.60.070(P). (B) It is unlawful for any person, organization, group, association and the like to sell, use, store or possess any fireworks at any time in any of the areas described in § 8.60.010. (C) It is unlawful for any person, organization, group, association and the like to store, possess, ignite, explode, project or otherwise fire or use any fireworks, or permit the ignition, explosion or projection thereof, except during the period specified in § 8.60.070(P). (D) It is unlawful for any person, organization, group, association and the like to store, possess, ignite, explode, project or otherwise fire or use any fireworks, or permit the ignition, explosion or projection thereof, in any of the areas described in § 8.60.010, or upon or over or onto the property of another without his or her consent, or to ignite, explode, project or otherwise fire or make use of any fireworks within ten feet of any resident dwelling or other structure used as a place of habitation by human beings. (Ord. 2884, passed 2-6-1968; Ord. MC-1138, passed 2-19-2003; Ord. MC-1194, passed 4-4-2005; Ord. MC-1578, passed 5-18-2022) § 8.60.140 RESERVED. [Reserved] (Repealed by Ord. MC-1269, passed 4-22-2008) § 8.60.150 VIOLATION - PENALTY. (A) Any person, organization, group, association and the like violating any provision of this chapter is guilty of an infraction or a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (B) In addition to any other penalties provided by law, any person, organization, group, association and the like violating any provisions of this chapter shall be subject to an administrative civil penalty of: (1) One thousand dollars for the first offense; (2) Two thousand five hundred dollars for the second offense within 36 months; and (3) Five thousand dollars for each subsequent offense within 36 months. Packet Page 780 San Bernardino - Health and Safety138 (Ord. 2884, passed 2-6-1968; Ord. MC-460, passed 5-15-1985; Ord. MC-1022, passed 5-19-1998; Ord. MC-1073, passed 5-3-2000; Ord. MC-1138, passed 2-19-2003; Ord. MC-1269, passed 4-22-2008; Ord. MC-1535, passed 5-6-2020) § 8.60.155 REWARD FUND. The City Manager may establish a special fund consisting of fines collected from firework violations to pay rewards in the amount of no more than $250 to individuals providing information leading to the identification and successful criminal or civil prosecution of any person violating this municipal code related to the unlawful possession, sale or discharge of fireworks. (Ord. MC-1535, passed 5-6-2020) § 8.60.160 FINANCIAL REPORTING. No later than August 31 of each year (or the next working day if August 31 falls on a Saturday, Sunday or legal holiday), each licensee operating a stand or participating in a joint venture shall submit to the Department of Finance and Management Services a financial summary of the total sales from fireworks on the financial summary form provided by the Department of Finance and Management Services. The financial summary shall have a summary of actual expenses, revenues and profit for that year and shall have receipts attached for all expenses for each stand, as well as any incentive payments, gifts or other financial consideration provided to members of the licensee or its volunteers. Licensees failing to comply with the aforementioned financial summary deadline of August 31 shall be ineligible to receive a license for the sale of fireworks the following year either as an individual licensee or as a member of a joint venture. (Ord. MC-1138, passed 2-19-2003; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 8.60.170 RESIDENTIAL STORAGE OF FIREWORKS. It is unlawful for any person or persons to store any fireworks inside a residence, garage or structure on residential property in the city. (Ord. MC-1578, passed 5-18-2022) Packet Page 781 Fireworks 139 Packet Page 782 San Bernardino - Health and Safety140 Packet Page 783 Fireworks 141 APPENDIX A: LOCATION OF SALES AND DISCHARGE OF FIREWORKS Packet Page 784 San Bernardino - Health and Safety142 Packet Page 785 CHAPTER 8.61: PROHIBITED FIREWORKS Section 8.61.010 Dangerous fireworks prohibited 8.61.020 Dangerous fireworks defined 8.61.030 Violation - penalty 8.61.040 State law limitations § 8.61.010 DANGEROUS FIREWORKS PROHIBITED. In accordance with state law, it is unlawful for any person, organization, group, association and the like to possess, sell, use or discharge any “dangerous fireworks” in the city, without a permit or license granted by the State Fire Marshal. § 8.61.020 DANGEROUS FIREWORKS DEFINED. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. DANGEROUS FIREWORKS. Means and carries the same definition as provided in Cal. Health and Safety Code, § 12505, as amended by the state legislature from time to time. § 8.61.030 VIOLATION - PENALTY. (A) Any person, organization, group, association and the like violating any provision of this chapter is guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (B) In addition to any other penalties provided by law, any person, organization, group or association and the like violating any provisions of this chapter shall be subject to an administrative civil penalty of: (1) Two thousand five hundred dollars for the first offense; (2) Five thousand dollars for the second offense within 36 months; and (3) Ten thousand dollars for each subsequent offense within 36 months. (Ord. MC-1535, passed 5-6-2020) § 8.61.040 STATE LAW LIMITATIONS. (A) Any administrative fine or administrative civil penalty assessed pursuant to this chapter shall provide for cost reimbursement to the office of the State Fire Marshal and the collection of disposal costs pursuant to Cal. Health and Safety Code, § 12557. (B) This chapter shall be limited to apply only to a person, organization, group, association and the like who possesses or the seizure of 25 pounds or less of dangerous fireworks. (C) Any administrative fine or administrative civil penalty collected pursuant to this chapter shall not be subject to Cal. Health and Safety Code, § 12706, “Disposition of Fines and Forfeitures.” (Ord. MC-1269, passed 4-22-2008) 143 Packet Page 786 San Bernardino - Health and Safety144 Packet Page 787 CHAPTER 8.63: EXPLOSIVES AND FIRES Section 8.63.010 Permit - required when 8.63.020 Compliance with permit required 8.63.030 Fires to be kept under control 8.63.040 Permit required in hazardous fire area 8.63.050 Fires on brush or grasslands or forest covered lands 8.63.060 Blasting - permit required 8.63.070 Smoking within hazardous fire area 8.63.080 Removal and disposition of ashes in hazardous fire area 8.63.090 Use of chimney or heat producing appliance in hazardous fire area 8.63.100 Maintenance of fire protection of firebreak required when 8.63.110 Reserved 8.63.120 Placement of inflammable material in hazardous fire area 8.63.130 Hazardous fire area described 8.63.140 Violation - penalty § 8.63.010 PERMIT - REQUIRED WHEN. It is unlawful for any person, firm or corporation, at any time, to light a fire or fires or use fire for the clearing of land or to burn brush, slash, fallen timber, grass or other inflammable material within the city without first having obtained a written permit from the City Fire Department; that nothing in this section shall prevent the use of proper and lawful fires for safe domestic purposes; further, provided, that no permit will be necessary to burn inflammable material in properly constructed incinerators, outdoor water heating units, cooking grills and other similar devices having chimneys covered with spark arresters consisting of galvanized or copper screening of a mesh not larger than one-fourth of an inch, and openings such as doors, to be spark tight and otherwise approved by the Fire Department, and where the land around such incinerator, outdoor water heating units, cooking grills and other similar devices is cleared of all inflammable material within a radius of at least ten feet. (Ord. 1988, passed 7-21-1953) § 8.63.020 COMPLIANCE WITH PERMIT REQUIRED. It is unlawful for any person, firm or corporation after having obtained a written permit, as provided in § 8.63.010, to burn at any time or in any place or in any manner other than that set forth in such permit. (Ord. 1988, passed 7-21-1953; Ord. 2192, passed 10-22-1957) § 8.63.030 FIRES TO BE KEPT UNDER CONTROL. It is unlawful for any person, firm or corporation in the city to allow or permit any fire attended by him, her or it to escape from his, her or its control. (Ord. 1988, passed 7-21-1953) § 8.63.040 PERMIT REQUIRED IN HAZARDOUS FIRE AREA. It is unlawful for any person, firm or corporation within the city, within the hazardous fire area, as defined in § 8.63.130, to make, kindle, ignite, light or build or use any camp fire, bonfire or any other out-of-door fire without first obtaining a written permit from the City Fire Department. (Ord. 1988, passed 7-21-1953) 145 Packet Page 788 San Bernardino - Health and Safety146 § 8.63.050 FIRES ON BRUSH OR GRASSLANDS OR FOREST COVERED LANDS. It is unlawful for any person, firm or corporation in the city to set or ignite camp fires or other fires on any brush or grasslands or forest covered lands, or upon any public roads or highways, except at such places as are or may be designated by the City Fire Department, and a permit issued therefor in writing. (Ord. 1988, passed 7-21-1953) § 8.63.060 BLASTING - PERMIT REQUIRED. It is unlawful for any person, firm or corporation, within the city, at any time, to blast with dynamite, powder or other explosive without first having obtained a written permit from the Fire Department. (Ord. 1988, passed 7-21-1953) § 8.63.070 SMOKING WITHIN HAZARDOUS FIRE AREA. It is unlawful for any person, firm or corporation, within the boundaries of the hazardous fire area described in § 8.63.130, between May 1 and December 31 of each and every year, to smoke a cigar, cigarette, tobacco or any other substance in any form, except at designated and improved campgrounds, or occupied places of habitation; provided, however, that such designated and improved campgrounds, and places of habitation, within the meaning of this chapter, will only include those portions of designated and improved campgrounds and places of habitation which are cleared of all inflammable materials and vegetation, as provided in § 8.63.100; and it is unlawful for any person in the city to throw, place or cause to be placed upon any grass, brush or forest covered lands, or upon any road or trail traversing such grass, brush or forest covered lands, any lighted or burning match, cigar, cigarette or any burning substance without first extinguishing the same. (Ord. 1988, passed 7-21-1953) § 8.63.080 REMOVAL AND DISPOSITION OF ASHES IN HAZARDOUS FIRE AREA. It is unlawful for any person, firm or corporation, within the hazardous fire area, to remove ashes from stoves, fireplaces, heaters, grills or any other like device in which burning has been done, and to dispose of such ashes or waste from such device out of doors, until such ashes or waste have been placed in a metal or other fireproof receptacle and soaked in water for at least 24 hours. (Ord. 1988, passed 7-21-1953) § 8.63.090 USE OF CHIMNEY OR HEAT PRODUCING APPLIANCE IN HAZARDOUS FIRE AREA. It is unlawful for any person, firm or corporation within the city, within the hazardous fire area, as defined in § 8.63.130, to use any chimney in conjunction with any fireplace, incinerator or any heat producing appliance in which solid fuel is used upon any cabin, house, hotel, building, structure or premises unless maintained with a spark arrester constructed with heavy wire, mesh or other non-combustible material of at least 19 gauge, with openings not to exceed one-half inch, mounted in or over all outside flue openings in a vertical or near vertical position visible from the ground. (Ord. 1988, passed 7-21-1953; Ord. 3155, passed 3-9-1971) § 8.63.100 MAINTENANCE OF FIRE PROTECTION OF FIREBREAK REQUIRED WHEN. Any person, firm or corporation owning, leasing, using, controlling or operating any cabin, house, hotel, house trailer, apiary or other building, structure or improvement in the hazardous fire area shall, at all times, maintain upon his or her said land or adjacent to the cabin, house, improvement or structure, an effective fire protection or firebreak; such fire protection or firebreak is to be made by removing all inflammable vegetation or growth or other inflammable materials or vegetation from the ground around the buildings, structures and improvements for a distance of not less than 30 feet from the exterior Packet Page 789 Explosives and Fires 147 walls of the buildings, structures, house trailers and improvements, the aforementioned fire protections or firebreak shall cover all lands situated between the building structures and the property boundary; provided, however, that this section shall not apply to trees, except where dead or where the foliage of the trees are within ten feet of the chimney, nor shall it apply to evergreen vegetation where growing and presented for decorative effect. (Ord. 1988, passed 7-21-1953) § 8.63.110 RESERVED. [Reserved] (Repealed by Ord. MC-28, passed 2-3-1981) § 8.63.120 PLACEMENT OF INFLAMMABLE MATERIAL IN HAZARDOUS FIRE AREA. (A) It is unlawful for any person, firm or corporation in the hazardous fire area, as defined in § 8.63.130, to place, or cause to be placed on, his or her own land, or on the land of another, any rubbish, paper, sawdust, shavings, boxes, petroleum products not in closed containers, or residue, fallen timber, slash, limb wood, branches of trees, brush, grass, litter or other inflammable material, except at places and in the manner designated by the City Fire Department, and all such inflammable material shall be effectively destroyed by fire at such time and in such a manner as shall be designated by the Fire Department after securing a permit from said Department. (B) Any such rubbish, paper, sawdust, shavings, boxes, petroleum products or residue, fallen limbs, slash, limb wood, branches of trees, brush, grass, litter or other inflammable material placed, caused to be placed or existing on any land, contrary to the provisions of this chapter, is a public nuisance and shall be abated pursuant to law. (Ord. 1988, passed 7-21-1953) § 8.63.130 HAZARDOUS FIRE AREA DESCRIBED. (A) Hazardous fire area is land which is covered with grass, grain brush or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion. (B) Such areas are designated as follows: (1) All that area within the city lying north of a line extending easterly from the west city limits to the east city limits and bounded on the south side by streets and highways as follows: Barstow Freeway from west city limits to the intersection of Palm Avenue and the Barstow Freeway; northerly from the Barstow Freeway on Palm Avenue to Kendall Drive; easterly on Kendall Drive to 40th Street and transition easterly from the intersection of Kendall Drive and 40th Street; on 40th Street; and continue easterly to Mountain Avenue; from the intersection of 40th Street and Mountain Avenue; southerly on Mountain Avenue to 39th Street; easterly on 39th Street to Del Rosa Avenue; southerly from the intersection of 39th Street to Marshall Boulevard; easterly from the intersection of Del Rosa Avenue and Marshal Boulevard on Marshall Boulevard; Marshall Boulevard to Victoria Avenue; Victoria Avenue to Piedmont Drive; Piedmont Drive east to Diablo Drive; Diablo Drive east to El Toro Street extending east to Highway 330; Highway 330 South to Highland Avenue; thence East and southeasterly along the centerline of Highland Avenue to the centerline of Church Street; (2) Inclusive of area beginning at the intersection of Pacific Street and Del Rosa Avenue; Pacific Street west to Perris Hill Park Road; Perris Hill Park Road north in a line to intersect Highland Avenue; Highland Avenue east to Del Rosa Avenue; Del Rosa Avenue south to Pacific Street; (3) Inclusive of area beginning at the intersection of Little Mountain Drive and Kendall Drive; Kendall Drive east to 40th Street; 40th Street east to Electric Avenue; Electric Avenue south to Thompson Place; Thompson Place west to Mayfield Avenue; Mayfield Avenue south to 36th Street; 36th Street west to “F” Street; “F” Street south to 33rd Street; 33rd Street west to “H” Street; “H” Street Packet Page 790 San Bernardino - Health and Safety148 south to Marshall Boulevard; Marshall Boulevard west in a line to intersect Cajon Boulevard; Cajon Boulevard west to University Parkway/State Street; University Parkway north to State Street; State Street north to Morgan Road; Morgan Road East to Little Mountain Drive; Little Mountain Drive north to Kendall Drive; and (4) Hazardous fire areas shall be inclusive of any additional land area, whether publicly or privately owned, which the Fire Chief of the Fire Department determines to be so situated or so inaccessible that fire upon said land could present an abnormally difficult task of fire suppression. Such additional land areas shall be designated on a map available to the public and maintained by the Fire Department at the Central Fire Station, 200 East Third Street, San Bernardino. The Fire Chief shall provide a written description of the boundaries of any additional land area to the City Clerk who shall provide for publication of notice thereof pursuant to the provisions of Cal. Gov’t Code, § 6061. (Ord. 1988, passed 7-21-1953; Ord. 3155, passed 3-9-1971; Ord. 3611, passed 12-20-1976; Ord. 3869, passed 9-18-1979; Ord. MC-488, passed 12-18-1985) § 8.63.140 VIOLATION - PENALTY. Any person, firm or corporation violating any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 1988, passed 7-21-1953; Ord. MC-460, passed 5-15-1985; Ord. MC-1073, passed 5-3-2000) Packet Page 791 CHAPTER 8.65: DESTRUCTION OF WEAPONS Section 8.65.010 Destruction of weapons in custody of Police Department 8.65.020 Lost or stolen weapons 8.65.030 Alternatives to destruction 8.65.040 Notice to Department of Justice 8.65.050 Temporary custody of certain firearms 8.65.060 Retention as evidence 8.65.070 Definition of firearm § 8.65.010 DESTRUCTION OF WEAPONS IN CUSTODY OF POLICE DEPARTMENT. Any weapon which is determined to be a nuisance pursuant to Cal. Penal Code, § 12028§§ 19190, 21310, 21390, 21590 and 29300 and is in the possession of the San BernardinoCity Police Department shall, annually, in the month of July, or sooner, if necessary to conserve local resources including space and utilization of personnel who maintain files and security of those weapons, be destroyed so that it can no longer be used as such a weapon except upon the certificate of a judge of a court of record, or of the County District Attorney or of the City Attorney, that the retention of it is necessary or proper to the ends of justice. (Ord. MC-892, passed 1-12-1994) § 8.65.020 LOST OR STOLEN WEAPONS. If any weapon has been lost or stolen and is thereafter recovered, or is used in such a manner as to constitute a nuisance pursuant to Cal. Penal Code, § 12028§§ 19190, 21310, 21390, 21590 and 29300 and § 8.65.010 of this municipal code, without the prior knowledge of its lawful owner that it would be so used, it shall not be destroyed but shall be restored to the lawful owner, if his or her identity and address can be reasonably ascertained, as soon as its use as evidence has been served, upon his or her identification of the weapon and proof of ownership. Sufficient identification of ownership shall include, but shall not be limited to, a police report made at or near the time of loss or theft, or at or near the time of discovery of the loss or theft. A police report by itself listing the lost or stolen weapon is sufficient identification of ownership. (Ord. MC-892, passed 1-12-1994) § 8.65.030 ALTERNATIVES TO DESTRUCTION. (A) Pursuant to the authority of Cal. Penal Code, § 12030§§ 19190, 21310, 21390, 21590 and 29300, when the Police Department has custody of any firearms which may be useful to the California National Guard, the Coast Guard Auxiliary or to any military or naval agency of the federal or state government, including, but not limited to, the California National Guard military museum and resource center, it may, upon the authority of the Mayor and CommonCity Council and the approval of the Adjutant General, deliver the firearms to the commanding officer of a unit of the California National Guard, the Coast Guard Auxiliary or any other military agency of the state or federal government in lieu of destruction as required by this chapter. The Police Department shall take a receipt for the firearms containing a complete description thereof and shall keep the receipt on file as a public record. (B) When the Police Department has custody of any firearms, or any parts of any firearms, which are subject to destruction as required by this chapter it may, in lieu of destroying the weapons, retain and use 149 Packet Page 792 San Bernardino - Health and Safety150 any of them as may be useful in carrying out the official duties of the Department, or upon approval of a court, may release them to any other law enforcement agency for use in carrying out the official duties of that agency, or may turn over to the criminalistics laboratory of the Department of Justice or the criminalistics laboratory of any other Police Department, Sheriff’s office or District Attorney’s office any weapons which may be useful in carrying out the official duties of their respective agencies. (C) Any firearm, or part of any firearm, which, rather than being destroyed, is used for official purposes pursuant to this section shall be destroyed by the Department or other agency using the weapon when it is no longer needed for use in carrying out official duties, and shall only be turned over to another agency pursuant to this chapter if the Agency agrees in writing to not sell said firearm. (D) The Police Department may, in lieu of destroying any firearms as required by this chapter, obtain an order from the Superior Court directing the release of the firearms to the Sheriff. The Sheriff shall record a description of such firearms and release them to a basic training academy as provided in Cal. Penal Code, § 12030(d)§§ 19190, 21310, 21390, 21590 and 29300. (Ord. MC-892, passed 1-12-1994; Ord. MC-894, passed 1-26-1994) § 8.65.040 NOTICE TO DEPARTMENT OF JUSTICE. Pursuant to Cal. Penal Code, § 12030(e)29300, when the Police Department retains or destroys a firearm pursuant to this chapter, it shall notify the Department of Justice of the retention or destruction. The notification of each firearm, including the name of the manufacturer or brand name, model, caliber and serial number. (Ord. MC-892, passed 1-12-1994) § 8.65.050 TEMPORARY CUSTODY OF CERTAIN FIREARMS. This chapter shall not apply to those firearms taken into temporary custody at the scene of domestic violence. Such weapons shall be disposed of as provided in Cal. Penal Code, § 12028.518000, except that when such firearms are not claimed by or returned to the owners, they shall not be sold but shall be destroyed as provided in this chapter. (Ord. MC-892, passed 1-12-1994) § 8.65.060 RETENTION AS EVIDENCE. The provisions of this chapter shall not apply to those weapons which are or may be evidence in either a criminal or civil case, which weapons shall be retained pending a final decision in such case. (Ord. MC-892, passed 1-12-1994) § 8.65.070 DEFINITION OF FIREARM. For the purposes of this chapter, weapon and firearm shall be synonymous and firearm shall have the definition provided in Cal. Penal Code, § 1240116520. (Ord. MC-892, passed 1-12-1994) Packet Page 793 Destruction of Weapons 151 Packet Page 794 San Bernardino - Health and Safety152 Packet Page 795 CHAPTER 8.66: MOVING OF BUILDINGS AND OVERSIZE LOADS Section 8.66.010 Definitions 8.66.020 Permit - required 8.66.030 Permit - application 8.66.040 Permit - issuance 8.66.050 Fees 8.66.060 Warning flags, lights or reflectors required - flagger required 8.66.070 Surety bond required 8.66.080 Violation - penalty § 8.66.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BUILDING. Any type of structure normally used as a place of habitation, business, storage or for the shelter of animals. OVERSIZE LOADS. Any load other than a building carried on a vehicle which exceeds a height of 13 feet, six inches from the surface of the pavement to the top of the load, or exceeds a width of 96 inches, or the length authorized by the California Vehicle Code, and the exceptions therein authorized. (Ord. 2005, passed 11-24-1953) § 8.66.020 PERMIT - REQUIRED. It is unlawful for any person, firm or corporation to move, or cause to be moved, any building or oversize load on, over or across any public street, place or alley within the city without first obtaining a permit to do so from the City Director of Public Services, or for any person, firm or corporation to fail, neglect or refuse to obey or comply with any term or condition of such permit. (Ord. 2005, passed 11-24-1953; Ord. 2498, passed 5-14-1963; Ord. MC-344, passed 2-22-1984) § 8.66.030 PERMIT - APPLICATION. (A) Application for such permit shall be in writing and shall be filed with the Director of Public Services a minimum of 48 hours prior to the entry of any building, structure or oversize load on any public street, alley or place in the city. (B) The application for permit shall show the following information: (1) The present location and the proposed location to which the building or oversize load is to be moved; (2) The height, width and length of the building or oversize load to be moved; (3) The date and hour of the proposed entry on to, and the date and hour of clearance of the building or oversize load from any public street or place; (4) Approval, in writing, of the Park Superintendent regarding street tree clearance on route of moving; and (5) If the application is one for moving a building to a site inside the city, the application shall be accompanied by a certificate in writing of the Secretary of the Planning Commission or the City 153 Packet Page 796 San Bernardino - Health and Safety154 Clerk to the effect that the Planning Commission or the CommonCity Council has approved the moving of the building to the new location. If the application is one for moving a building to a site outside the city, the application shall be accompanied by a certificate of the Chief Building Inspector to the effect that the applicant has conformed to the requirements of Ord. 2014 (incorporated in Chapter 15.36). (Ord. 2005, passed 11-24-1953; Ord. 2510, passed 7-16-1963; Ord. MC-460, passed 5-15-1985) § 8.66.040 PERMIT - ISSUANCE. Upon filing of the application, accompanied by the fee and bond required by this chapter, the Director of Public Services may issue his or her permit designating the streets over, on or across which such building or oversize load shall be moved. (Ord. 2005, passed 11-24-1953; Ord. MC-344, passed 2-22-1984) § 8.66.050 FEES. The fees, which will apply to permits for moving any building or oversize load on, over or across any public street, alley or place within the city, will be established, from time to time, by the Mayor and Council by resolution. (Ord. 2005, passed 11-24-1953; Ord. MC-729, passed 5-21-1990) § 8.66.060 WARNING FLAGS, LIGHTS OR REFLECTORS REQUIRED - FLAGGER REQUIRED. It shall be the duty of every person moving any building or oversize load over public streets, alleys or places to provide warning flags, lights or reflectors in such locations on the building or oversize load as to indicate clearly the existence of a hazard in all directions from which traffic may approach. Lights and reflectors will be used between sunset and sunrise. In addition to the warning flags, lights and reflectors required above, a flagger shall be stationed approximately 300 feet from the building or oversize load in the direction of any normal traffic flow. In all cases where a building or oversize load projects over the centerline of the street, a flagger shall be stationed 300 feet ahead of, and another flagger 300 feet behind, the building or oversize load. The Director of Public Services is authorized to require such additional warning and safety measures as he or she may deem necessary to safeguard the public. (Ord. 2005, passed 11-24-1953; Ord. MC-344, passed 2-22-1984) § 8.66.070 SURETY BOND REQUIRED. No permit shall be granted under this chapter unless and until the applicant has executed a good and sufficient surety bond to the city in a sum designated by the Director of Public Services, but not less than $1,000, conditioned that the applicant will hold and save the city and all officers thereof harmless from any and all costs, damages or expenses that the city or any of its officers may incur or be obligated to pay by reason of the granting of such permit, including damage to streets, trees and other city owned property. (Ord. 2005, passed 11-24-1953; Ord. MC-344, passed 2-22-1984) § 8.66.080 VIOLATION - PENALTY. Any person, firm or corporation violating any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 2005, passed 11-24-1953; Ord. MC-460, passed 5-15-1985) Packet Page 797 Moving of Buildings and Oversize Loads 155 Packet Page 798 San Bernardino - Health and Safety156 Packet Page 799 CHAPTER 8.68: ETCHING CREAM, AEROSOL CONTAINERS AND CERTAIN MARKER PENS Section 8.68.010 Inaccessibility to public 8.68.020 Violation § 8.68.010 INACCESSIBILITY TO PUBLIC. Every person who owns, conducts, operates or manages a retail commercial establishment selling etching cream, aerosol containers or marker pens with tips exceeding four millimeters in width, containing anything other than a solution which can be removed with water after it dries, shall store or cause such etching cream, aerosol containers or marker pens to be stored in an area viewable by, but not accessible to, the public in the regular course of business without employee assistance, pending legal sale or disposition of such etching cream, marker pens or aerosol containers. For purposes of this section, ETCHING CREAM means any caustic cream, gel, liquid or solution capable, by means of a chemical action, of defacing, damaging or destroying hard surfaces in a manner similar to acid. (Ord. MC-1145, passed 6-17-2003; Ord. MC-867, passed 4-6-1993) § 8.68.020 VIOLATION. Any violation of § 8.68.010 is a misdemeanor. (Ord. MC-867, passed 4-6-1993) 157 Packet Page 800 San Bernardino - Health and Safety158 Packet Page 801 CHAPTER 8.69: GRAFFITI Section 8.69.010 Public funds for removal of graffiti 8.69.020 Reserved 8.60.030 Nuisance; notice to abate; abatement upon consent 8.69.040 Notice to remove graffiti; protests and notice of hearing thereon 8.69.050 Hearing by Director of Public Services - appeal to Mayor and CommonCity Council 8.69.060 Abatement of nuisance 8.69.070 Abatement of nuisance by property owner - time limit 8.69.080 Assessment for abatement by city - filing of objection 8.69.090 Possession of instruments of graffiti by juveniles prohibited § 8.69.010 PUBLIC FUNDS FOR REMOVAL OF GRAFFITI. Public funds, to the extent they are available, may be used for the removal of graffiti, as described in § 8.69.030(A), with the written consent, waiver of liability and agreement to hold the city harmless from any and all damages signed by the owner(s), owner’s(s’) agent(s) or occupier(s) of the property on which the graffiti appears, if such individuals assure the city and confirm that they have the legal authority to execute such consent, waiver and agreement. If consent and waiver are not obtained, or if public funds are not available, the Director of Public Services shall follow the procedure contained in §§ 8.69.030 et seq. (Ord. 3675, passed 9-21-1977; Ord. MC-658, passed 4-19-1989) § 8.69.020 RESERVED. [Reserved] (Repealed by Ord. MC-658, passed 4-19-1989) § 8.60.030 NUISANCE; NOTICE TO ABATE; ABATEMENT UPON CONSENT. (A) The existence of graffiti, writings and other inscribed material, other than signs authorized under this code, on public or private property, including on buildings, walls, fences, curbs and other structures, in a place visible to the public, from a public street, alley or other place open to the public, is declared a public nuisance, and the periodic removal thereof is necessary to protect the health, safety and public welfare of the inhabitants of the city. (B) Whenever any of the public nuisances mentioned in division (A) above exist in the city, the Director of Public Services, or his or her designee, may find and declare the same to be a public nuisance under the provisions of this chapter and may order the abatement of such public nuisance as hereinafter provided. Special priority shall be given to the abatement of any writings or symbols which are offensive to a substantial number or class of citizens, or any graffiti or writing which demeans any individual, or causes or is likely to cause a breach of the peace. (C) Any owner whose property is found to be or contain a public nuisance by the Director of Public Services shall have the right to request a hearing to determine whether in fact a public nuisance exists as hereinafter provided. The owner may specifically consent to removal, in which event the Director of Public Services is authorized to immediately abate the nuisance. (Ord. MC-370, passed 5-22-1984) 159 Packet Page 802 San Bernardino - Health and Safety160 § 8.69.040 NOTICE TO REMOVE GRAFFITI; PROTESTS AND NOTICE OF HEARING THEREON. (A) When the Director of Public Services finds a nuisance, as described in § 8.69.030, to exist, he or she shall cause a “notice to remove graffiti” to be given in regard to all property on which, or abutting that property on which, the nuisance exists. A notice shall be mailed to each property owner as his, her or its name and address appears in the current records of a title company or the tax assessment rolls of the county, or as may be otherwise known. The notice shall contain a date, a description of the property by street designation and any other information deemed appropriate by the Director of Public Services to designate the location from which graffiti, writings or other inscriptions are to be removed. The notice shall be in substantially the following form: “NOTICE IS HEREBY GIVEN pursuant to Section 8.69.040 of the San Bernardino Municipal Code that the Director of Public Services of the City of San Bernardino has determined that a nuisance exists on or abutting the property described in this Notice, or on the parkway thereof. The nuisance consists of graffiti, writings or other inscriptions, on buildings, walls, fences, curbs or other structures on such property or abutting such property. You must abate or remove this nuisance, by removal or covering of such graffiti, writings or other inscriptions. If you do not remove such nuisance, the nuisance may be removed and abated by the City of San Bernardino, without further notice to you, and for that purpose officers, agents, employees or contractors working under the direction of the Director of Public Services may enter upon your property to abate such nuisance. Any person objecting to this determination of a nuisance or the proposed removal and abatement of said nuisance shall file a written protest with the City Clerk not later than five days from the date of mailing of this Notice. The City Clerk shall transmit such protest promptly to the Director of Public Services, who shall promptly schedule a date, time and place for hearing, and shall give notice thereof to the protesting property owner or other protester. The Director of Public Services will personally, or by an official hearing officer designated by him or her, hear any protests and consider any information, evidence or argument concerning the existence of such alleged nuisance, and after having given to the property owner, or his or her representative, the reasonable opportunity to be heard, shall render a decision as to whether a nuisance exists. If a timely protest has been filed, you or your agent may appear at said hearing and be heard and may present and hear evidence concerning the existence of the alleged nuisance and the proposed abatement. If you desire to have the City remove such nuisance, you may notify the Director of Public Services that you consent to abatement of the nuisance by the City.” (B) In addition to mailing the notice in the manner and form required herein, such notice may (permissive) be conspicuously posted on or adjacent to the property from which the nuisance is to be abated. (Ord. MC-370, passed 5-22-1984) § 8.69.050 HEARING BY DIRECTOR OF PUBLIC SERVICES - APPEAL TO MAYOR AND COMMONCITY COUNCIL. (A) At the time set for hearing, the Director of Public Services, or his or her designee, shall hear and consider all objections or protests to the finding of nuisance and proposed abatement of the nuisance, and may continue the hearing from time to time. The hearing officer shall consider, among other things, whether the expense necessarily incurred in complying with the ordinance and the sanctions imposed for non-compliance are reasonable in relation to the health, safety and public welfare interest being protected; whether the existence of graffiti, writings or Packet Page 803 Graffiti 161 other inscriptions in its present location is in fact a public nuisance, and has the effect of diminishing property values of the neighborhood and contributes to community blight; and shall consider the effect of the existence of such graffiti, writings or other inscriptions on a normal person of normal sensibility, and the environment in which the graffiti, writings or other inscriptions exists including, for instance, whether in an urban or rural setting. (B) The Director of Public Services, or his or her designee, shall not find a nuisance to exist unless such hearing officer finds the existence of an injurious effect upon the public in general. The decision of the Director of Public Services, or his or her designee, is final, subject to the right of the property owner to appeal to the Mayor and CommonCity Council pursuant to Chapter 2.64, except that the notice of appeal must be filed within ten days of the hearing, or within ten days of the mailing of notice of the decision by the Director of Public Services, whichever occurs last. If a decision is rendered at the time of the hearing, and a representative of the property owner was present at such hearing, no mailing of the decision shall be required. The decision of the Mayor and CommonCity Council, upon any appeal, shall be final and conclusive. Any person failing to protest, as authorized in § 8.69.030, or failing to appeal after the decision of the Director of Public Services shall be deemed to have waived any and all objections, and the Director of Public Services shall be deemed to have acquired jurisdiction to abate the nuisance and have the work of removal performed. (Ord. MC-370, passed 5-22-1984) § 8.69.060 ABATEMENT OF NUISANCE. Upon acquiring jurisdiction, the Director of Public Services shall abate the nuisance, and he or she and his or her assistants or deputies, or any person, firm or corporation under contract to do the work, are expressly authorized to enter upon private property for that purpose. (Ord. MC-370, passed 5-22-1984) § 8.69.070 ABATEMENT OF NUISANCE BY PROPERTY OWNER - TIME LIMIT. Any property owner shall have the right to have any such nuisance removed or abated at his or her own expense provided the same is done within ten days after the mailing of the “notice to remove graffiti,” as provided in § 8.69.080; provided such abatement is performed to the satisfaction of the Director of Public Services. If additional time is desired in the order to remove the graffiti writings or other inscriptions, a request therefor shall be made to the Director of Public Services, who may grant additional time within which the property owner shall have the right to have any such nuisance removed at his or her own expense. Upon expiration of such additional time, however, if the nuisance is not removed, the Director of Public Services shall be deemed to have acquired jurisdiction to abate the nuisance without further notice or hearing and shall have the authority to proceed to abate the nuisance. (Ord. MC-370, passed 5-22-1984) § 8.69.080 ASSESSMENT FOR ABATEMENT BY CITY - FILING OF OBJECTION. The Director of Public Services shall, upon completion of the graffiti abatement, itemize the costs thereof, including incidental expenses which, if unpaid, shall be assessed against and become a lien upon the property on which the nuisance was abated to be collected at the time and in the manner of the real property taxes by the Tax Collector, pursuant to the procedure set forth in Chapter 3.68. The Director of Public Services shall forthwith initiate proceedings before the Board of Building Commissioners under Chapter 8.30 for determination and collection of the assessment for costs of abatement. (Ord. MC-658, passed 4-19-1989; Ord. MC-1418, passed 10-5-2015) Editor’s note: Ord. MC-1418, passed 10-5-2015 repealed/ deleted Chapter 3.68 and stated that any remaining provisions of the municipal code that reference it should now be deemed to instead reference Chapter 8.30, which it also amended. § 8.69.090 POSSESSION OF INSTRUMENTS OF GRAFFITI BY JUVENILES PROHIBITED. Packet Page 804 San Bernardino - Health and Safety162 (A) It is unlawful for any minor to have, in his or her possession, the below described instruments of graffiti while on any public highway, street, alleyway, park, playground, swimming pool, public buildings or any area open to the public, whether such juvenile is or is not in any automobile, vehicle or other conveyance: (1) Any spray can containing anything other than a solution which can be removed by water after it dries. These include paint, undercoating, spray insulation and others having the same effect. (2) Any spray can tips, other than those affixed to a spray can not meeting the description of § 8.60.090(A). (3) Any marker pens containing anything other than a solution which can be removed with water after it dries. (4) Any container containing anything other than solution that can be removed with water after it dries and which can be used to apply that solution. This includes acrylic paint tubes, oil paint tubes, shoe dyes and bottles and cans of such solutions. (5) Objects capable of etching glass or ceramic surfaces, including, without limitation, bits, grinding stones, glass cutters, scribes, broken spark plug ceramic, chisels and any solution capable of etching these surfaces when applied including acids and etching baths. (B) The provisions of this section shall not apply to any person under the age of 18 years who is accompanied by a parent or guardian, or under the supervision of an adult teacher. (Ord. MC-904, passed 5-18-1994; Ord. MC-1087, passed 9-20-2000) Packet Page 805 CHAPTER 8.72: RESERVED (Repealed by Ord. MC-1121, passed 3-19-2002) 163 Packet Page 806 San Bernardino - Health and Safety164 Packet Page 807 CHAPTER 8.73: NO SMOKING IN PARKS Section 8.73.010 Definitions 8.73.020 Smoking prohibited within 25 feet of playground or tot lot sandbox area 8.73.030 Sale of tobacco products through self-service displays prohibited 8.73.040 Smoking in outdoor athletic recreation areas, sports centers and sports facilities prohibited 8.73.050 No smoking in any public park § 8.73.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CIGAR. Shall have the definition as currently set forth in Cal. Health and Safety Code, § 104550, or its successor section, as amended. CIGARETTE. (1) Any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use and consists of or contains: (a) Any roll of tobacco wrapped in paper or in any substance not containing tobacco; (b) Tobacco in any form that is functional in the product, which, because of its appearance, the type of tobacco used in the filler or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (c) Any roll of tobacco wrapped in any substance containing tobacco, which, because of its appearance, the type of tobacco used in the filler or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a CIGARETTE described in this section. (2)CIGARETTE also includes “roll-your-own” tobacco, meaning any tobacco, which, because of its appearance, type, packaging or labeling, is suitable for use and likely to be offered to, or purchased by consumers as tobacco for making CIGARETTES. PLAYGROUND. Any park or recreational area specifically designed to be used by children that has play equipment installed, or any similar facility located on public or private school grounds, or on any city park grounds. PUBLIC PARK, PARK or similar term. Includes, but is not limited to, all grounds, roadways, avenues, park facilities, municipal parks and playground areas, or portions thereof, under the supervision of or otherwise operated by the Parks and Recreation Department. SMOKE or SMOKING. The igniting, inhaling, exhaling or carrying of any burning cigar, or cigarette of any kind, or the igniting, inhaling, exhaling or carrying a pipe or other device for smoking, containing any burning substance of any kind, including, but not limited to tobacco, or any other weed or plant. TOT LOT SANDBOX AREA. A designated play area within a public park for the use by children under five years of age. Where the area is not contained by a fence, the boundary of a TOT LOT SANDBOX AREA shall be defined by the edge of the resilient surface of safety material, such as concrete or wood, or any other material surrounding the TOT LOT SANDBOX AREA. 165 Packet Page 808 San Bernardino - Health and Safety166 (Ord. MC-1319, passed 11-16-2009) § 8.73.020 SMOKING PROHIBITED WITHIN 25 FEET OF PLAYGROUND OR TOT LOT SANDBOX AREA. (A) No person shall smoke a cigarette, cigar or other tobacco-related product within 25 feet of the boundaries of any playground or tot lot sandbox area. (B) No person shall dispose of cigarette butts, cigar butts or any other tobacco related waste within 25 feet of any playground or tot lot sandbox area. (C) Any person who violates this section is guilty of an infraction, punishable in accordance with § 1.12.010. § 8.73.030 SALE OF TOBACCO PRODUCTS THROUGH SELF-SERVICE DISPLAYS PROHIBITED. (A) For the purposes of this section, SELF-SERVICE DISPLAY means the open display of tobacco products in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. (B) It shall be prohibited for any person engaged in the retail sale of tobacco products to sell, offer for sale or display for sale any tobacco product by self-service display. (C) Any person who violates this section is guilty of an infraction, punishable in accordance with § 1.12.010. (D) This section shall not apply to any “retail or wholesale tobacco shop,” meaning any business establishment the main purpose of which is the sale of tobacco products, including, but not limited to, cigars, pipe tobacco and smoking accessories. § 8.73.040 SMOKING IN OUTDOOR ATHLETIC RECREATION AREAS, SPORTS CENTERS AND SPORTS FACILITIES PROHIBITED. (A) For the purposes of this section, OUTDOOR ATHLETIC RECREATION AREA, SPORTS CENTERS and SPORTS FACILITIES shall include, but not be limited to, any stadium, gymnasium, swimming pool, playing field, health spa or other similar place, open to the air, where members of the general public assemble to either engage in physical exercise, participate in athletic activities or witness sports events. (B) It shall be prohibited for any person to smoke any tobacco product in an outdoor athletic recreation area, sports center or sports facility, except in the areas designated by the facility provider. (C) Publicly owned outdoor athletic recreation areas, sports centers and sports facilities shall designate one or more areas in which the general public is not prohibited from smoking. (D) Privately owned athletic recreation areas, sports centers and sports facilities, or publicly owned athletic recreation areas, sports centers and sports facilities, that are leased by a private entity for any term greater than one year, may designate one or more areas in which the general public is not prohibited from smoking. (E) Any person who violates this section is guilty of an infraction, punishable in accordance with § 1.12.010. (Ord. 3653, passed 7-15-1977; Ord. MC-623, passed 4-19-1988; Ord. MC-905, passed 6-8-1994; Ord. MC-1118, passed 3-19-2002; Ord. MC-1119, passed 3-19-2002; Ord. MC-1122, passed 3-19-2002) § 8.73.050 NO SMOKING IN ANY PUBLIC PARK. (A) It is made a violation of law for any person to smoke or engage in the act of smoking in any public park. (B) It is made a violation of law for any person to dispose of any cigarette, cigar or tobacco, or any part of a cigarette, cigar or tobacco, or a pipe or other Packet Page 809 No Smoking in Parks 167 device for smoking, in any public park, except in a waste disposal container designated for such purpose. (C) Any person who violates this section is guilty of an infraction, punishable in accordance with § 1.12.010. Punishment under this section shall not preclude punishment under any other applicable provision of law. (Ord. MC-1319, passed 11-16-2009) Packet Page 810 San Bernardino - Health and Safety168 Packet Page 811 CHAPTER 8.75: RESERVED (Repealed by Ord. MC-511, passed 4-22-1986) 169 Packet Page 812 San Bernardino - Health and Safety170 Packet Page 813 CHAPTER 8.78: AUTOMATIC DIALING AND TAPED MESSAGE ALARM SYSTEMS Section 8.78.010 Automatic dialing into city line prohibited 8.78.020 Live answering service 8.78.030 Permit to install - requirements § 8.78.010 AUTOMATIC DIALING INTO CITY LINE PROHIBITED. It is unlawful for any person to install, use or cause to be used any telephonic device which is activated electronically to automatically dial a public telephone line of the city. (Ord. 3220, passed 12-21-1971; Ord. MC-460, passed 5-15-1985) § 8.78.020 LIVE ANSWERING SERVICE. Any automatic telephonic dialing system shall dial to, and the message shall be received by, a live answering service, such as a private alarm dispatch center. In no event shall any automatic direct dialing be permitted into a public telephone line to the city. (Ord. 3220, passed 12-21-1971) § 8.78.030 PERMIT TO INSTALL - REQUIREMENTS. It is unlawful for any person to install, use or cause to be used any telephonic device which is activated electronically to automatically dial a telephone within the city without first obtaining a permit from the Chief of Police or Fire Chief to install and use such telephonic device. The fee for such permit shall be the sum of $5. The Chief of Police shall review all requests for telephonic burglar alarms, and the Fire Chief shall review all requests for telephonic fire alarms. Before a permit may be issued, the following requirements shall first be complied with: the current subscriber of the telephone which contains an automatic device, the telephone number and the location of such telephone shall be on file at the City Police Department or City Fire Department. The current subscriber of the telephone which receives calls from an automatic telephone dialing system, the telephone number and the location of such telephone shall be file at the City Police Department or City Fire Department. (Ord. 3220, passed 12-21-1971; Ord. MC-460, passed 5-15-1985) 171 Packet Page 814 San Bernardino - Health and Safety172 Packet Page 815 CHAPTER 8.79: FLOODPLAIN MANAGEMENT Section Part I. Scope and Administration Article 101. General Provisions 8.79.010 Title 8.79.020 Statutory authority 8.79.030 Scope 8.79.040 Purposes and objectives 8.79.050 Coordination with the California Building Standards Code 8.79.060 Warning 8.79.070 Disclaimer of liability 8.79.080 Other laws 8.79.090 Abrogation and greater restrictions Article 102. Applicability 8.79.100 General applicability 8.79.110 Establishment of flood hazard areas 8.79.120 Interpretation Article 103. Duties and Powers of the Floodplain Administrator 8.79.130 Designation 8.79.140 General authority 8.79.150 Coordination 8.79.160 Duties 8.79.170 Substantial improvement and substantial damage determinations 8.79.180 Department records Article 104. Permits for Floodplain Development 8.79.190 Permits required 8.79.200 Application for permit 8.79.210 Validity of permit 8.79.220 Other permits required 8.79.230 Expiration 8.79.240 Suspension or revocation 8.79.250 Appeals of decisions Article 105. Site Plans and Construction Documents 8.79.260 Information for development in flood hazard areas 8.79.270 Information in flood hazard areas without base flood elevations (approximate Zone A) 8.79.280 Additional analyses and certifications 8.79.290 Submission of additional data Article 106. Inspections 8.79.300 Inspections, in general 8.79.310 Inspections of development other than buildings and structures 8.79.320 Inspections of manufactured homes installations 8.79.330 Buildings and structures Article 107. Variances 8.79.340 Nature of variances 8.79.350 Variances; general 8.79.360 Limitations on authority 8.79.370 Records 8.79.380 Historic structures 8.79.390 Restrictions in floodways 8.79.400 Functionally dependent uses 8.79.410 Considerations for issuance of variances 8.79.420 Conditions for issuance of variances 173 Packet Page 816 San Bernardino - Health and Safety174 Article 108.Violations 8.79.430 Violations 8.79.440 Authority 8.79.450 Unlawful continuance Part II. Definitions Article 201. Definitions 8.79.460 General 8.79.470 Definitions Part III. Flood Resistant Development Article 301. Buildings and Structures 8.79.480 Requirements for buildings and structures in flood hazard areas 8.79.490 Detached garages and accessory storage structures 8.79.500 Utility and Miscellaneous Group U Article 302. Subdivisions 8.79.510 Minimum requirements 8.79.520 Subdivision requirements Article 303. Site Improvements, Utilities and Limitations 8.79.530 Minimum requirements 8.79.540 Sanitary sewer facilities 8.79.550 Water supply facilities 8.79.560 Development in floodways 8.79.570 Limitations on placement of fill Article 304. Installation of Manufactured Homes 8.79.580 Installation 8.79.590 Foundations 8.79.600 Anchoring 8.79.610 General elevation requirement 8.79.620 Elevation requirement for certain existing manufactured home parks and subdivisions 8.79.630 Flood damage-resistant materials 8.79.640 Enclosures 8.79.650 Protection of mechanical equipment and outside appliances Article 305. Recreational Vehicles 8.79.660 Temporary placement 8.79.670 Permanent placement Article 306. Other Development 8.79.680 General requirements for other development 8.79.690 Tanks 8.79.700 Requirements for temporary structures and temporary storage in flood hazard areas 8.79.710 Fences in floodways 8.79.720 Oil derricks 8.79.730 Retaining walls, sidewalks and driveways in floodways 8.79.740 Roads and watercourse crossings in floodways 8.79.750 Swimming pools Article 307. Flood Control Projects 8.79.760 Flood control projects; general 8.79.770 Flood control projects; applications PART I. SCOPE AND ADMINISTRATION ARTICLE 101. GENERAL PROVISIONS § 8.79.010 TITLE. This chapter, in combination with the flood Packet Page 817 Floodplain Management 175 provisions of Cal. Code of Regulations Title 24, the California Building Standards Code (hereinafter “building codes,” consisting of the Part 2 (building), Part 2.5 (residential), and Part 10 (existing building) of Cal. Code of Regulations, Title 24, and related codes, hereinafter “building codes”) and related codes), shall be known as the “Floodplain Management Regulations” of the city. (Ord. MC-1622, passed 1-17-2024) Cross-reference: Definition of Building Code, see § 8.79.470 § 8.79.020 STATUTORY AUTHORITY. The legislature of the state has, in Cal. Gov’t Code, §§ 65302, 65560 and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. (Ord. MC-1622, passed 1-17-2024) § 8.79.030 SCOPE. The provisions of this chapter, in combination with the flood provisions of the building codes, shall apply to all proposed development entirely or partially in flood hazard areas established in § 8.79.110. (Ord. MC-1622, passed 1-17-2024) § 8.79.040 PURPOSES AND OBJECTIVES. The purposes and objectives of this chapter and the flood load and flood resistant construction requirements of the building codes are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas designed to: (A) Minimize unnecessary disruption of commerce, access and public service during times of flooding; (B) Require the use of appropriate construction practices in order to prevent or minimize future flood damage; (C) Manage the alteration of natural floodplains, stream channels and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; (D) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials and other development which may increase flood damage or erosion potential; (E) Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards; (F) Contribute to improved construction techniques in the floodplain; (G) Minimize damage to public and private facilities and utilities; (H) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; (I) Minimize the need for rescue and relief efforts associated with flooding; (J) Ensure that property owners, occupants and potential owners are aware of property located in flood hazard areas; (K) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and (L) Meet the requirements of the national flood insurance program for community participation as set forth in 44 C.F.R. § 59.22. (Ord. MC-1622, passed 1-17-2024) § 8.79.050 COORDINATION WITH THE CALIFORNIA BUILDING STANDARDS CODE. Pursuant to the requirement established in state statute that the city administer and enforce the California Building Standards Code, the Mayor and Packet Page 818 San Bernardino - Health and Safety176 City Council acknowledges that the building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, this chapter is intended to be administered and enforced in conjunction with the building codes. (Ord. MC-1622, passed 1-17-2024) Cross-reference: California Building Standards Code, see § 8.79.010 § 8.79.060 WARNING. The degree of flood protection required by this chapter and the building codes is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by human-made or natural causes. Enforcement of this chapter and the building codes does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the flood insurance study and shown on flood insurance rate maps and the requirements of 44 C.F.R. §§pts. 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise this chapter to remain eligible for participation in the national flood insurance program. No guaranty of vested use, existing use or future use is implied or expressed by compliance with this chapter. (Ord. MC-1622, passed 1-17-2024) § 8.79.070 DISCLAIMER OF LIABILITY. These regulations shall not create liability on the part of Mayor and City Council, any officer or employee thereof, the state or the Federal Emergency Management Agency, for any flood damage that results from reliance on this chapter, or any administrative decision lawfully made hereunder. The Floodplain Administrator and any employee charged with the enforcement of this chapter, while acting for the community in good faith and without malice in the discharge of the duties required by this chapter or other pertinent law or ordinance, shall not thereby be rendered liable personally and is relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this chapter shall be defended by a legal representative of the community until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this chapter. (Ord. MC-1622, passed 1-17-2024) § 8.79.080 OTHER LAWS. The provisions of this chapter shall not be deemed to nullify any provisions of local, state or federal law. (Ord. MC-1622, passed 1-17-2024) § 8.79.090 ABROGATION AND GREATER RESTRICTIONS. These regulations supersede any ordinance in effect in flood hazard areas. However, this chapter is not intended to repeal, abrogate or impair any existing ordinances, including land development regulations, subdivision regulations, zoning ordinances, storm water management regulations or building codes, nor any existing easements, covenants or deed restrictions. In the event of an overlap or conflict between this chapter and any other ordinance, code, regulation, easement, covenant or deed restriction, the more restrictive shall govern. (Ord. MC-1622, passed 1-17-2024) ARTICLE 102. APPLICABILITY § 8.79.100 GENERAL APPLICABILITY. These regulations, in conjunction with the building codes, provide minimum requirements for Packet Page 819 Floodplain Management 177 development located in flood hazard areas, including the subdivision of land; filling, grading and other site improvements; installation of utilities; installation, placement and replacement of manufactured homes; placement of recreational vehicles; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; certain building work exempt from permit under the building codes; and flood control projects. (Ord. MC-1622, passed 1-17-2024) § 8.79.110 ESTABLISHMENT OF FLOOD HAZARD AREAS. The “Flood Insurance Study for the County and Incorporated Areas,” dated July 16, 1979, and all subsequent amendments and revisions, and the accompanying flood insurance rate maps (“FIRM”), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this chapter and serve as the basis for establishing flood hazard areas. Where the building code establishes flood hazard areas, such areas are established by this section. Additional maps and studies, when specifically adopted, supplement the FIS and FIRMs to establish additional flood hazard areas. Maps and studies that establish flood hazard areas are on file at the following address: 825 E Third St., San Bernardino, CA 92415, County of San Bernardino, Department of Public Works. (Ord. MC-1622, passed 1-17-2024) § 8.79.120 INTERPRETATION. In the interpretation and application of this chapter, all provisions shall be: (A) Considered as minimum requirements; (B) Liberally construed in favor of the governing body; and (C) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. MC-1622, passed 1-17-2024) ARTICLE 103. DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR § 8.79.130 DESIGNATION. The City Engineer is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate the performance of certain duties to other employees. (Ord. MC-1622, passed 1-17-2024) § 8.79.140 GENERAL AUTHORITY. The Floodplain Administrator is authorized and directed to administer and enforce this chapter. The Floodplain Administrator shall have the authority to render interpretations of this chapter and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of this chapter and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Article 107. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents and other data that are required by this chapter but that are not required to be prepared by a qualified state licensed land surveyor or civil engineer when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this chapter. (Ord. MC-1622, passed 1-17-2024) § 8.79.150 COORDINATION. The Floodplain Administrator shall coordinate with and provide comments to the Building Official to administer and enforce the flood provisions of the building code and to ensure compliance with the applicable provisions of this chapter. The Floodplain Administrator and the Building Official have the authority to establish written procedures for reviewing applications and conducting inspections for buildings and for administering and documenting determinations Packet Page 820 San Bernardino - Health and Safety178 of substantial improvement and substantial damage made pursuant to § 8.79.170. (Ord. MC-1622, passed 1-17-2024) § 8.79.160 DUTIES. The Floodplain Administrator, in coordination with other pertinent offices of the community, shall: (A) Review all permit applications and plans to determine whether proposed development is located in flood hazard areas; (B) Review all applications and plans for development in flood hazard areas for compliance with this chapter; (C) Review, in coordination with the Building Official, required design certifications and documentation of elevations specified by the building code to determine that such certifications and documentations are complete; (D) Review applications and plans for modification of any existing development in flood hazard areas for compliance with this chapter; (E) Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage; (F) Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information; (G) Determine whether additional flood hazard data shall be obtained from other sources or developed by the applicant; (H) Complete the appropriate section of the Department of Housing and Community Development Floodplain Ordinance Compliance Certification for Manufactured Home/Mobile Home Installations when submitted by applicants; (I) Review requests submitted to the Building Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the building code to determine whether such requests require consideration as a variance pursuant to Article 107; (J) Coordinate with the Building Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs; (K) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the flood insurance rate maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries or floodway designations; such submissions shall be made within six months of such data becoming available; (L) Require applicants who propose alteration of a watercourse to notify adjacent communities and the NFIP State Coordinating Agency, and to submit copies of such notifications to the Federal Emergency Management Agency (“FEMA”); (M) Inspect development in accordance with Article 106 and inspect flood hazard areas to determine when development is undertaken without issuance of permits; (N) Prepare comments and recommendations for consideration when applicants seek variances for development other than buildings in accordance with Article 107; (O) Cite violations in accordance with Article 108; and (P) Notify FEMA when the corporate boundaries of the city have been modified and provide a map and legal description of the changes in the corporate boundaries. (Ord. MC-1622, passed 1-17-2024) Packet Page 821 Floodplain Management 179 § 8.79.170 SUBSTANTIAL IMPROVEMENT AND SUBSTANTIAL DAMAGE DETERMINATIONS. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: (A) Estimate the market value or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; (B) Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure; (C) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and (D) Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage. (Ord. MC-1622, passed 1-17-2024) § 8.79.180 DEPARTMENT RECORDS. In addition to the requirements of the building code and this chapter, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of this chapter and the flood provisions of the building codes, including flood insurance studies and flood insurance rate maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the building codes and this chapter; notifications to adjacent communities, FEMA and the state related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this chapter and the flood resistant provisions of the building codes. (Ord. MC-1622, passed 1-17-2024) ARTICLE 104. PERMITS FOR FLOODPLAIN DEVELOPMENT § 8.79.190 PERMITS REQUIRED. Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make an application to the Floodplain Administrator and shall obtain the required permit for floodplain development. No permit shall be issued until compliance with the requirements of this chapter and all other applicable codes and regulations has been satisfied. No building permit shall be issued based on Packet Page 822 San Bernardino - Health and Safety180 conditional letters of map revision issued by FEMA. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine a permit for floodplain development is required in addition to a building permit. (Ord. MC-1622, passed 1-17-2024) § 8.79.200 APPLICATION FOR PERMIT. (A) The applicant shall file an application, in writing, on a form furnished by the Floodplain Administrator. (B) The information provided shall: (1) Identify and describe the development to be covered by the permit; (2) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitely locate the site; (3) Indicate the use and occupancy for which the proposed development is intended; (4) Be accompanied by a site plan, and construction documents, as specified in Article 105, including grading, excavation and filling plans and other information deemed appropriate by the Floodplain Administrator; (5) State the valuation of the proposed work; (6) Be signed by the applicant or the applicant’s authorized agent; and (7) Include such other data and information required by the Floodplain Administrator to demonstrate compliance with this chapter. (Ord. MC-1622, passed 1-17-2024) § 8.79.210 VALIDITY OF PERMIT. The issuance of a permit for floodplain development under this chapter or the building codes shall not be construed to be a permit for, or approval of, any violation of this chapter, the building code or any other ordinance of the community. The issuance of a permit for floodplain development based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of this chapter. (Ord. MC-1622, passed 1-17-2024) § 8.79.220 OTHER PERMITS REQUIRED. The applicant shall obtain all other required state and federal permits prior to initiating work authorized by this chapter and shall provide documentation of such permits to the Floodplain Administrator. Such permits include, but are not limited to, the State Water Resources Control Board for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; § 404 of the Clean Water Act, being 33 U.S.C. § 1344. (Ord. MC-1622, passed 1-17-2024) § 8.79.230 EXPIRATION. A permit for floodplain development shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each, unless FEMA has issued notification of revision to the flood insurance rate study and flood insurance rate Packet Page 823 Floodplain Management 181 maps that alter the flood hazard area or floodway boundaries, flood zones or base flood elevations, in which case the permit is invalid. (Ord. MC-1622, passed 1-17-2024) § 8.79.240 SUSPENSION OR REVOCATION. The Floodplain Administrator is authorized to suspend or revoke a permit for floodplain development issued under this chapter wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of this chapter or any ordinance or code of this community. (Ord. MC-1622, passed 1-17-2024) § 8.79.250 APPEALS OF DECISIONS. When it is alleged, there is an error in any decision or determination made by the Floodplain Administrator in the interpretation or enforcement of this chapter, such decision or determination may be appealed to the Council, Commission and Development Review Committee (“DRC”) by filing a written appeal setting forth the reasons of the appeal. (Ord. MC-1622, passed 1-17-2024) ARTICLE 105. SITE PLANS AND CONSTRUCTION DOCUMENTS § 8.79.260 INFORMATION FOR DEVELOPMENT IN FLOOD HAZARD AREAS. The site plan or construction documents for any development subject to the requirements of this chapter shall be drawn to scale and shall include, as applicable to the proposed development: (A) Delineation of flood hazard areas; floodway boundaries and flood zone(s); base flood elevation(s); ground elevations; proposed filling, grading and excavation; and drainage patterns and facilities when necessary for review of the proposed development; (B) Where base flood elevations or floodway data are not included on the FIRM or in the flood insurance study, they shall be established in accordance with §§ 8.79.270 or 8.79.280; (C) Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM or in the flood insurance study, such elevations shall be established in accordance with § 8.79.270(B); (D) Location of the proposed activity and proposed structures; locations of water supply, sanitary sewer and other utilities; and locations of existing buildings and structures; (E) Location, extent, amount and proposed final grades of any filling, grading or excavation; (F) Where the placement of fill is proposed, the amount, type and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose; and (G) Existing and proposed alignment of any proposed alteration of a watercourse. (Ord. MC-1622, passed 1-17-2024) § 8.79.270 INFORMATION IN FLOOD HAZARD AREAS WITHOUT BASE FLOOD ELEVATIONS (APPROXIMATE ZONE A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator is authorized to: Packet Page 824 San Bernardino - Health and Safety182 (A) Require the applicant to include base flood elevation data prepared by a qualified state licensed civil engineer in accordance with currently accepted engineering practices. Such analyses shall be performed and sealed by a qualified state licensed civil engineer. Studies, analyses and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant; (B) Obtain, review and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source; (C) Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: (1) Require the applicant to include base flood elevation data in accordance with § 8.79.270(A); or (2) Specify that the base flood elevation is two feet above the highest adjacent grade at the location of the development; provided there is no evidence indicating flood depths have been or may be greater than two feet. (D) Where the base flood elevation data are to be used to support a request for a letter of map change from FEMA, advise the applicant that the analyses shall be prepared by a qualified state licensed civil engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. (Ord. MC-1622, passed 1-17-2024) § 8.79.280 ADDITIONAL ANALYSES AND CERTIFICATIONS. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this chapter, the applicant shall have the following analyses signed and sealed by a qualified state licensed civil engineer for submission with the site plan and construction documents. (A) For development activities proposed to be located in a floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA, as specified in § 8.79.290, and shall submit the conditional letter of map revision, when issued by FEMA, with the site plan and construction documents. (B) For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the flood insurance study or on the FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. (C) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices that demonstrates the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel’s flood-carrying capacity. The applicant shall submit the Packet Page 825 Floodplain Management 183 analysis to FEMA as specified in § 8.79.290. The applicant shall notify the chief executive officer of adjacent communities and the State Department of Water Resources. The Floodplain Administrator shall maintain a copy of the notification in the permit records and shall submit a copy to FEMA. (Ord. MC-1622, passed 1-17-2024) § 8.79.290 SUBMISSION OF ADDITIONAL DATA. When additional hydrologic, hydraulic or other engineering data, studies and additional analyses are submitted to support an application, the applicant has the right to seek a letter of map change from FEMA to change the base flood elevations, change floodway boundaries or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a qualified state licensed civil engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Provided FEMA issues a conditional letter of map revision, construction of proposed flood control projects and land preparation for development are permitted, including clearing, excavation, grading and filling. Permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a letter of map revision. (Ord. MC-1622, passed 1-17-2024) ARTICLE 106. INSPECTIONS § 8.79.300 INSPECTIONS, IN GENERAL. Development for which a permit for floodplain development is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this chapter or the Building Code. Inspections presuming to give authority to violate or cancel the provisions of this chapter or the building code or other ordinances shall not be valid. (Ord. MC-1622, passed 1-17-2024) § 8.79.310 INSPECTIONS OF DEVELOPMENT OTHER THAN BUILDINGS AND STRUCTURES. The Floodplain Administrator shall make, or cause to be made, inspections of all development other than buildings and structures that is authorized by issuance of a permit for floodplain development under this chapter. The Floodplain Administrator shall inspect flood hazard areas, from time to time, to determine when development is undertaken without issuance of a permit. (Ord. MC-1622, passed 1-17-2024) § 8.79.320 INSPECTIONS OF MANUFACTURED HOMES INSTALLATIONS. The Floodplain Administrator shall make, or cause to be made, inspections of installation and replacement of manufactured homes in flood hazard areas authorized by issuance of a permit for floodplain development under this chapter. Upon installation of a manufactured home and receipt of the elevation certification required in § 8.79.580, the Floodplain Administrator shall inspect the installation or have the installation inspected. (Ord. MC-1622, passed 1-17-2024) § 8.79.330 BUILDINGS AND STRUCTURES. The Building Official shall make, or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit, in accordance with the Building Code. (A)Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the Packet Page 826 San Bernardino - Health and Safety184 elevation required in the Building Code shall be prepared by a state licensed land surveyor or civil engineer and submitted to the Building Official. (B)Final inspection. Prior to the final inspection, certification of the elevation required in the Building Code shall be prepared by a state licensed land surveyor or civil engineer and submitted to the Building Official. (Ord. MC-1622, passed 1-17-2024) ARTICLE 107. VARIANCES § 8.79.340 NATURE OF VARIANCES. (A) The considerations and conditions for variances set forth in this article are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be issued for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants or the property owners. The issuance of a variance is for floodplain management purposes only. Federal flood insurance premium rates are determined by the national flood insurance program according to actuarial risk and will not be modified by the granting of a variance. (B) It is the duty of the Mayor and City Council of the city to promote public health, safety and welfare and minimize losses from flooding. This duty is so compelling and the implications of property damage and the cost of insuring a structure built below flood level are so serious that variances from the elevation or other requirements in the building codes should be quite rare. The long-term goal of preventing and reducing flood loss and damage, and minimizing recovery costs, inconvenience, danger and suffering, can only be met when variances are strictly limited. Therefore, the variance requirements in this chapter are detailed and contain multiple provisions that must be met before a variance can be properly issued. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. (Ord. MC-1622, passed 1-17-2024) § 8.79.350 VARIANCES; GENERAL. The Development Review Committee (“DRC”) shall hear and decide requests for variances from the strict application of this chapter. (Ord. MC-1622, passed 1-17-2024) § 8.79.360 LIMITATIONS ON AUTHORITY. The Development Review Committee (“DRC”) shall base its determination on technical justifications submitted by applicants; the considerations and conditions set forth in this article; the comments and recommendations of the Floodplain Administrator and Building Official, as applicable; and has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of this chapter and the Building Code. (Ord. MC-1622, passed 1-17-2024) § 8.79.370 RECORDS. The Floodplain Administrator shall maintain a permanent record of all variance actions, including justification for issuance. (Ord. MC-1622, passed 1-17-2024) § 8.79.380 HISTORIC STRUCTURES. A variance is authorized to be issued for the repair, improvement or rehabilitation of a historic Packet Page 827 Floodplain Management 185 structure upon a determination that the proposed repair, improvement or rehabilitation will not preclude the structure’s continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure. When the proposed work precludes the structure’s continued designation as a historic building, a variance shall not be granted and the structure and any repair, improvement and rehabilitation shall be subject to the requirements of the Building Code. (Ord. MC-1622, passed 1-17-2024) § 8.79.390 RESTRICTIONS IN FLOODWAYS. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analyses required in § 8.79.280(A). (Ord. MC-1622, passed 1-17-2024) § 8.79.400 FUNCTIONALLY DEPENDENT USES. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the criteria in § 1612 of the Building Code (CCR Title 24 Part 2) or § R322 of the Residential Code (CCR Title 24 Part 2.5) are met, as applicable, and the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damages during the base flood and create no additional threats to public safety. (Ord. MC-1622, passed 1-17-2024) § 8.79.410 CONSIDERATIONS FOR ISSUANCE OF VARIANCES. In reviewing applications for variances; all technical evaluations, all relevant factors; all other requirements of this chapter and the Building Code, as applicable; and the following shall be considered: (A) The danger that materials and debris may be swept onto other lands resulting in further injury or damage; (B) The danger to life and property due to flooding or erosion damage; (C) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; (D) The importance of the services provided by the proposed development to the community; (E) The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable; (F) The compatibility of the proposed development with existing and anticipated development; (G) The relationship of the proposed development to the comprehensive plan and floodplain management program for that area; (H) The safety of access to the property in times of flood for ordinary and emergency vehicles; (I) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, if applicable, expected at the site; and (J) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical and water systems, streets and bridges. (Ord. MC-1622, passed 1-17-2024) Packet Page 828 San Bernardino - Health and Safety186 § 8.79.420 CONDITIONS FOR ISSUANCE OF VARIANCES. Variances shall only be issued upon: (A) Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of this chapter or renders the elevation standards of the Building Code inappropriate; (B) A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; (C) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or future property owners, or conflict with existing local laws or ordinances; (D) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and (E) When the request is to allow construction of the lowest floor of a new building or substantial improvement of a building below the base flood elevation, notification to the applicant in writing over the signature of the Floodplain Administrator specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that issuance of a variance to construct below the elevation required in the Building Code will result in increased premium rates for federal flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the required elevation increases risks to life and property. (Ord. MC-1622, passed 1-17-2024) ARTICLE 108. VIOLATIONS § 8.79.430 VIOLATIONS. Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of the elevation of the lowest floor, other required design certifications or other evidence of compliance required by this chapter or the Building Code is presumed to be a violation until such time as required documentation is submitted. Violation of the requirements shall constitute a misdemeanor. (Ord. MC-1622, passed 1-17-2024) § 8.79.440 AUTHORITY. The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner’s agent or to the person or persons doing the work for development that is not within the scope of the Building Codes, but is regulated by this chapter and that is determined to be a violation. (Ord. MC-1622, passed 1-17-2024) § 8.79.450 UNLAWFUL CONTINUANCE. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law. Penalties, fines and remediation fees will be determined by Public Works Department on a case-by-case basis. (Ord. MC-1622, passed 1-17-2024) Packet Page 829 Floodplain Management 187 PART II. DEFINITIONS ARTICLE 201. DEFINITIONS § 8.79.460 GENERAL. The following words and terms shall, for the purposes of this chapter, have the meanings shown herein. Where terms are not defined in this chapter and are defined in the Building Code (CCR Title 24, Part 2) and used in the Residential Code (CCR Title 24, Part 2.5), such terms shall have the meanings ascribed to them in those codes. Where terms are not defined in this chapter or the Building Code, such terms shall have ordinarily accepted meanings such as the context implies. (Ord. MC-1622, passed 1-17-2024) § 8.79.470 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ACCESSORY STRUCTURE. A structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only ACCESSORY STRUCTURES used for parking and storage. ALTERATION OF A WATERCOURSE. A dam, impoundment, channel relocation, change in channel alignment, channelization or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. ASCE 24. The standard Flood Resistant Design and Construction, referenced by the Building Code, developed and published by the American Society of Civil Engineers, Reston, VA. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Building Code. BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year. (Also defined in CCR Title 24, Part 2.) BASE FLOOD ELEVATION. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (“NGVD”), North American Vertical Datum (“NAVD”) or other datum specified on the flood insurance rate map (“FIRM”). (Also defined in CCR Title 24, Part 2.) BASEMENT. For the purpose of floodplain management, the portion of a building having its floor subgrade (below ground level) on all sides. (Also defined in CCR Title 24 Part 2.) BUILDING CODE. California Code of Regulations Title 24, the California Building Standards Code, the family of building codes specifically adopted by the State of California and composed of: (1) Part 2, applicable to buildings and structures other than dwellings within the scope of this part; (2) Part 2.5, applicable to one- and two-family dwellings and townhouses not more than three stories, and accessory structures; (3) Part 10, applicable to existing buildings (as defined in that code); and (4) Other specified codes. DESIGN FLOOD. The flood associated with the greater of the following two areas: (Also defined in CCR Title 24, Part 2.) (1) Area with a floodplain subject to a 1% Packet Page 830 San Bernardino - Health and Safety188 or greater chance of flooding in any year; and (2) Area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated. DESIGN FLOOD ELEVATION. The elevation of the “design flood,” including wave height, relative to the datum specified on the community’s legally designated flood hazard map. In areas designated as Zone AO, the DESIGN FLOOD ELEVATION shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to two feet (610 mm). (Also defined in CCR Title 24, Part 2.) DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations, flood control projects and other land-disturbing activities. ENCROACHMENT. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. EXCEPTIONAL HARDSHIP. For the purpose of variances from this chapter or the Building Code, the exceptional difficulty that would result from a failure to grant a requested variance. Mere economic or financial hardship is not EXCEPTIONAL. Inconvenience, aesthetic considerations, physical handicaps, personal preferences or the disapproval of one’s neighbors do not, as a rule, qualify as EXCEPTIONAL HARDSHIPS. All of these circumstances can be resolved through other means without granting variances, even when the alternatives are more expensive or require the property owner to build elsewhere or put the parcel to a different use than originally intended. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) was completed before July 16, 1979. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads). FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land from: (1) The overflow of inland or tidal waters; (2) The unusual and rapid accumulation or runoff of surface waters from any source; and (3) Mudslides (i.e., mudflows) which are proximately caused by flooding. FLOOD CONTROL PROJECT. A dam or barrier design and constructed to keep water away from or out of a specified area, including, but not limited to, levees, floodwalls and channelization. FLOOD DAMAGE-RESISTANT MATERIALS. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. (Also defined in CCR Title 24, Part 2.) FLOOD HAZARD AREA. The greater of the following two areas: (Also defined in CCR Title 24, Part 2.) (1) The area within a floodplain subject to a 1% or greater chance of flooding in any year; and (2) The area designated as a FLOOD Packet Page 831 Floodplain Management 189 HAZARD AREA on the community’s flood hazard map, or otherwise legally designated. FLOOD INSURANCE RATE MAP (“FIRM”). An official map of a community on which the Federal Emergency Management Agency (“FEMA”) has delineated both the special flood hazard areas and the risk premium zones applicable to the community. (Also defined in CCR Title 24, Part 2.) FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency Management Agency containing the flood insurance rate map (“FIRM”), the flood boundary and floodway map (“FBFM”), the water surface elevation of the base flood and supporting technical data. (Also defined in CCR Title 24, Part 2.) FLOODPLAIN ADMINISTRATOR. The community official designated by title to administer and enforce the floodplain management regulations. FLOODWAY. The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. (Also defined in CCR Title 24, Part 2.) FRAUD or VICTIMIZATION. For the purpose of variances from this chapter or the Building Code, the intentional use of deceit to deprive another of rights or property, making a victim of the deprived person or the public. As it pertains to buildings granted variances to be constructed below the elevation required by the Building Code, future owners or tenants of such buildings and the community as a whole may bear the burden of increased risk of damage from floods, increased cost of flood insurance and increased recovery costs, inconvenience, danger and suffering. FUNCTIONALLY DEPENDENT USE. A use that cannot perform its intended purpose, unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers and shipbuilding or ship repair facilities. The term does not include long-term storage, manufacture, sales or service facilities. HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. HISTORIC STRUCTURE. Any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on the inventory of historic places maintained by the State Office of Historic Preservation; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by the State Office of Historic Preservation. LETTER OF MAP CHANGE (“LOMC”). An official determination issued by FEMA that amends or revises an effective flood insurance rate map or flood insurance study. LETTERS OF MAP CHANGE include: (1)LETTER OF MAP AMENDMENT (“LOMA”). An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that a specific property, portion of a property or structure is not located in a special flood hazard area; (2)LETTER OF MAP REVISION (“LOMR”). A revision based on technical data that may show changes to flood zones, flood elevations, Packet Page 832 San Bernardino - Health and Safety190 special flood hazard area boundaries and floodway delineations and other planimetric features; (3)LETTER OF MAP REVISION BASED ON FILL (“LOMR-F”). A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations; and (4)CONDITIONAL LETTER OF MAP REVISION (“CLOMR”). A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study; upon submission and approval of certified as-built documentation, a letter of map revision may be issued by FEMA to revise the effective FIRM. LIGHT-DUTY TRUCK. As defined in 40 C.F.R. § 86.082-2, any motor vehicle rated at 8,500 pounds gross vehicular weight rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or less, which is: (1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle; (2) Designed primarily for transportation of persons and has a capacity of more than 12 persons; or (3) Available with special features enabling off-street or off-highway operation and use. LOWEST FLOOR. The lowest floor of the lowest enclosed area, including basement, but excluding any unfinished or flood-resistant enclosure, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Building Codes. (Also defined in CCR Title 24, Part 2.) MANUFACTURED HOME. A structure that is transportable in one or more sections, built on a permanent chassis, designed for use as a single-family dwelling with or without a permanent foundation when connected to the required utilities, and constructed to the “Manufactured Home Construction and Safety Standards,” promulgated by the U.S. Department of Housing and Urban Development. Also see definitions in Cal. Civil Code, § 798.3 and Cal. Health and Safety Code, §§ 18000(a)(2) and 18001(a) 18007. For the purposes of floodplain management, the term also includes mobile homes and recreational vehicles, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer. MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MARKET VALUE. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this chapter, the term refers to the MARKET VALUE of buildings and structures, excluding the land and other improvements on the parcel. MARKET VALUE may be established by one of the following methods: (1) Actual cash value (replacement cost depreciated for age and quality of construction); (2) Tax assessment value adjusted to approximate market value by a factor provided by the property appraiser; or (3) A qualified independent appraiser. NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) was completed on or after July 16, 1979. Packet Page 833 Floodplain Management 191 NUISANCE. That which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin. P E R M I T F O R F L O O D P L A I N DEVELOPMENT. An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specified development activities that are located in flood hazard areas and that are determined to be compliant with this chapter. RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, 400 square feet (37.16 m2) or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A RECREATIONAL VEHICLE is ready for highway use when it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. Also see definitions in Cal. Health and Safety Code, § 18010. RIVERINE. Relating to, formed by or resembling a river (including tributaries), stream, brook and the like. SPECIAL FLOOD HAZARD AREA (“SFHA”). The land area subject to flood hazards and shown on a flood insurance rate map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. (Also defined in CCR Title 24, Part 2.) SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. (Also defined in CCR Title 24, Part 2.) SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, the cost of which equals or exceeds 50% of the market value of the structure before the improvement or repair is started. When the structure has sustained substantial damage, any repairs are considered SUBSTANTIAL IMPROVEMENT, regardless of the actual repair work performed. The term does not, however, include either: (Also defined in CCR Title 24, Part 2.) (1) Any project for improvement of a building required to correct existing Health, Sanitary or Safety Code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or (2) Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure. UTILITY AND MISCELLANEOUS GROUP U. Buildings and structures of an accessory character and miscellaneous structure not classified in any special occupancy, as described in the Building Code. VARIANCE. A grant of relief from the requirements of this chapter which permits construction in a manner otherwise prohibited and where specific enforcement would result in exceptional hardship. VIOLATION. A development that is not fully compliant with this chapter or the flood provisions of the Building Code, as applicable. WATERCOURSE. A river, creek, stream, channel or other topographic feature in, on, through or over which water flows at least periodically. (Ord. MC-1622, passed 1-17-2024) PART III. FLOOD RESISTANT DEVELOPMENT ARTICLE 301. BUILDINGS AND STRUCTURES § 8.79.480 REQUIREMENTS FOR BUILDINGS Packet Page 834 San Bernardino - Health and Safety192 AND STRUCTURES IN FLOOD HAZARD AREAS. Applications for building and structures within the scope of the Building Code that are proposed in flood hazard areas shall comply with the applicable requirements of the Building Code. (Ord. MC-1622, passed 1-17-2024) § 8.79.490 DETACHED GARAGES AND ACCESSORY STORAGE STRUCTURES. Detached garages and accessory storage structures used only for parking or storage are permitted below the base flood elevation; provided the garages and accessory storage structures: (A) Are one story and not larger than 600 square feet in area when located in special flood hazard areas; (B) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads; (C) Have flood openings in accordance with the Building Code; (D) Have flood damage-resistant materials used below the base flood elevation; and (E) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation. (Ord. MC-1622, passed 1-17-2024) § 8.79.500 UTILITY AND MISCELLANEOUS GROUP U. (A) Utility and miscellaneous Group U includes buildings that are accessory in character and miscellaneous structures not classified in any specific occupancy in the Building Code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, fences more than six feet (1,829 mm) high, grain silos (accessory to a residential occupancy), greenhouses, livestock shelters, private garages, retaining walls, sheds, stables and towers. (B) In addition to the Building Code requirements for fire and life safety, the following shall apply to utility and miscellaneous Group U buildings and structures in flood hazard areas. (1) New construction and substantial improvement of such buildings and structures shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions of the design flood. (2) New construction and substantial improvement of such buildings and structures, when fully enclosed by walls, shall be elevated such that the lowest floor, including basement, is elevated to or above the design flood elevation in accordance with ASCE 24 or shall be dry floodproofed in accordance with ASCE 24. (3) Unless dry floodproofed, fully enclosed areas below the design flood elevation shall be constructed in accordance with ASCE 24 and limited to parking, storage and building access. (4) When fully enclosed by walls, flood openings shall be installed in accordance with ASCE 24. (5) Flood damage-resistant materials shall be used below the design flood elevation. (6) Mechanical, plumbing and electrical systems, including plumbing fixtures, shall be located or installed in accordance with ASCE 24. (Ord. MC-1622, passed 1-17-2024) ARTICLE 302. SUBDIVISIONS § 8.79.510 MINIMUM REQUIREMENTS. Subdivision proposals in flood hazard areas, including proposals for manufactured home parks and Packet Page 835 Floodplain Management 193 subdivisions, shall be reviewed to determine that the following apply. (A) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding. (B) All public utilities and facilities, such as sewer, gas, electric, communications and water systems, are located and constructed to minimize or eliminate flood damage in accordance with §§ 8.79.520 and 8.79.530, as applicable, and appropriate codes. (C) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures. (Ord. MC-1622, passed 1-17-2024) § 8.79.520 SUBDIVISION REQUIREMENTS. In addition to the requirements of § 8.79.510, where any portion of proposed subdivisions, including proposals for manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required. (A) The flood hazard area, including floodways, as appropriate, shall be delineated on preliminary subdivision plats. (B) Where the subdivision has more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with § 8.79.270(A). (C) When, as part of a proposed subdivision, fill will be placed to support buildings, the fill shall be placed in accordance with the Building Code and approval of the subdivision shall require submission of as-built elevations for each filled pad certified by a licensed land surveyor or registered civil engineer. (Ord. MC-1622, passed 1-17-2024) ARTICLE 303. SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS § 8.79.530 MINIMUM REQUIREMENTS. All proposed development in flood hazard areas shall be reviewed to determine that the following apply. (A) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding. (B) Where the proposed development has more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with § 8.79.270(A). (C) All public utilities and facilities, such as sewer, gas, electric, communications and water systems, are located and constructed to minimize or eliminate flood damage. (D) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures. (Ord. MC-1622, passed 1-17-2024) § 8.79.540 SANITARY SEWER FACILITIES. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed, in accordance with Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into floodwaters, and impairment of the facilities and systems. (Ord. MC-1622, passed 1-17-2024) Packet Page 836 San Bernardino - Health and Safety194 § 8.79.550 WATER SUPPLY FACILITIES. All new and replaced water supply facilities shall be designed, in accordance with the provisions of Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwaters into the systems. (Ord. MC-1622, passed 1-17-2024) § 8.79.560 DEVELOPMENT IN FLOODWAYS. Development, site improvements and land disturbing activity involving fill or regrading shall not be authorized in the floodway unless the floodway encroachment analysis required in § 8.79.280(A) demonstrates the proposed work will not result in any increase in the base flood level during occurrence of the base flood discharge. (Ord. MC-1622, passed 1-17-2024) § 8.79.570 LIMITATIONS ON PLACEMENT OF FILL. Subject to the limitations of this chapter, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures, fill shall comply with the requirements of the Building Code. The placement of fill intended to change base flood elevations, change floodway boundaries or change boundaries of flood hazard areas shown on FIRMs shall be subject to the requirements of § 8.79.290. (Ord. MC-1622, passed 1-17-2024) ARTICLE 304. INSTALLATION OF MANUFACTURED HOMES § 8.79.580 INSTALLATION. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to the California Business and Professions Code and shall comply with the requirements of the Department of Housing and Community Development (“HCD”) and the requirements of this chapter. In addition to permits pursuant to this chapter, permits from the HCD are required where the HCD is the enforcement agency for installation of manufactured homes. Upon completion of installation and prior to the final inspection by the Floodplain Administrator, the installer shall submit certification of the elevation of the manufactured home, prepared by a licensed land surveyor or registered civil engineer, to the Floodplain Administrator. (Ord. MC-1622, passed 1-17-2024) § 8.79.590 FOUNDATIONS. All new and replacement manufactured homes, including substantial improvement of manufactured homes installed in flood hazard areas shall be installed on permanent, reinforced foundations that are designed in accordance with the foundation requirements of § R322.2 of the Residential Code (CCR Title 24, Part 2.5) and this chapter. Foundations for manufactured homes subject to § 8.79.620 are permitted to be reinforced piers or other foundation elements of at least equivalent strength. (Ord. MC-1622, passed 1-17-2024) § 8.79.600 ANCHORING. All new and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring are authorized to include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind loads and seismic loads. (Ord. MC-1622, passed 1-17-2024) § 8.79.610 GENERAL ELEVATION REQUIREMENT. Packet Page 837 Floodplain Management 195 Unless subject to the requirements of § 8.79.620, all manufactured homes that are placed, replaced or substantially improved on sites located: (A) Outside of a manufactured home park or subdivision; (B) In a new manufactured home park or subdivision; (C) In an expansion to an existing manufactured home park or subdivision; or (D) In an existing manufactured home park or subdivision upon which a manufactured home has incurred “substantial damage” as the result of a flood, shall be elevated such that the lowest floor, or bottom of the lowest horizontal member of the lowest floor, as applicable to the flood hazard area, is at or above the base flood elevation. (Ord. MC-1622, passed 1-17-2024) § 8.79.620 ELEVATION REQUIREMENT FOR CERTAIN EXISTING MANUFACTURED HOME PARKS AND SUBDIVISIONS. Manufactured homes that are not subject to § 8.79.610, including manufactured homes that are placed, replaced or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as a result of flooding has occurred, shall be elevated such that either the: (A) Lowest floor, or bottom of the lowest horizontal structural member, as applicable to the flood hazard area, is at or above the base flood elevation; or (B) Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade. (Ord. MC-1622, passed 1-17-2024) § 8.79.630 FLOOD DAMAGE-RESISTANT MATERIALS. Materials below elevated manufactured homes shall comply with the flood damage-resistant materials requirements of § R322 of the Residential Code (CCR Title 24, Part 2.5). (Ord. MC-1622, passed 1-17-2024) § 8.79.640 ENCLOSURES. Fully enclosed areas below elevated manufactured homes shall comply with the enclosed area requirements of § R322 of the Residential Code (CCR Title 24, Part 2.5). (Ord. MC-1622, passed 1-17-2024) § 8.79.650 PROTECTION OF MECHANICAL EQUIPMENT AND OUTSIDE APPLIANCES. (A)Requirement. Mechanical equipment and outside appliances shall be elevated to or above the lowest floor or bottom of the lowest horizontal structural member of the manufactured home, as applicable to the flood hazard area. (B)Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by §§ 8.79.610 or 8.79.620, as applicable, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code). (Ord. MC-1622, passed 1-17-2024) ARTICLE 305. RECREATIONAL VEHICLES § 8.79.660 TEMPORARY PLACEMENT. Recreational vehicles in flood hazard areas shall Packet Page 838 San Bernardino - Health and Safety196 be placed on a site for less than 180 consecutive days or shall be fully licensed and ready for highway use. READY FOR HIGHWAY USE means the recreational vehicle is on wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions, such as rooms, stairs, decks and porches. (Ord. MC-1622, passed 1-17-2024) § 8.79.670 PERMANENT PLACEMENT. Recreational vehicles that do not meet the limitations in § 8.79.060 for temporary placement shall meet the requirements of Article 304 for manufactured homes. (Ord. MC-1622, passed 1-17-2024) ARTICLE 306. OTHER DEVELOPMENT § 8.79.680 GENERAL REQUIREMENTS FOR OTHER DEVELOPMENT. All development, including human-made changes to improved or unimproved real estate for which specific provisions are not specified in this chapter or the Building Code, shall: (A) Be located and constructed to minimize flood damage; (B) Meet the limitations of § 8.79.560 when located in a regulated floodway; (C) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; (D) Be constructed of flood damage-resistant materials; and (E) Have mechanical, plumbing and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address Life, Safety and Electric Code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of the Building Code for wet locations. (Ord. MC-1622, passed 1-17-2024) § 8.79.690 TANKS. Tanks that serve buildings shall comply with the requirements of the Building Code. Underground and aboveground tanks that serve other purposes shall be designed, constructed, installed and anchored in accordance with ASCE 24. (Ord. MC-1622, passed 1-17-2024) § 8.79.700 REQUIREMENTS FOR TEMPORARY STRUCTURES AND TEMPORARY STORAGE IN FLOOD HAZARD AREAS. (A) Temporary structures shall be erected for a period of less than 180 days and temporary storage of goods and materials shall be permitted for a period of less than 180 days. Extensions may be granted in accordance with § 8.79.230. (B) In addition, the following apply: (1) Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of floodwaters; (2) Temporary stored materials shall not include hazardous materials; and Packet Page 839 Floodplain Management 197 (3) The requirements of § 8.79.560, when located in floodways. (Ord. MC-1622, passed 1-17-2024) § 8.79.710 FENCES IN FLOODWAYS. Fences in floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of § 8.79.560. (Ord. MC-1622, passed 1-17-2024) § 8.79.720 OIL DERRICKS. Oil derricks located in flood hazard areas shall be designed in conformance with flood loads required by the Building Code. (Ord. MC-1622, passed 1-17-2024) § 8.79.730 RETAINING WALLS, SIDEWALKS AND DRIVEWAYS IN FLOODWAYS. Retaining walls and sidewalks and driveways that involve placement of fill in floodways shall meet the limitations of § 8.79.560 and the requirements for site grading in Chapter 18 of the Building Code. (Ord. MC-1622, passed 1-17-2024) § 8.79.740 ROADS AND WATERCOURSE CROSSINGS IN FLOODWAYS. Roads and watercourse crossings that encroach into floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side shall meet the limitations of § 8.79.560. Alteration of a watercourse that is part of work proposed for a road or watercourse crossing shall meet the requirements of § 8.79.280(C). (Ord. MC-1622, passed 1-17-2024) § 8.79.750 SWIMMING POOLS. Above-ground swimming pools, on-ground swimming pools and in-ground swimming pools that involve placement of fill in floodways shall meet the requirement of § 8.79.560. (Ord. MC-1622, passed 1-17-2024) ARTICLE 307. FLOOD CONTROL PROJECTS § 8.79.760 FLOOD CONTROL PROJECTS; GENERAL. In addition to applicable federal, state and other local permits, a permit for floodplain development is required for construction of flood control projects. The purpose for the permit is to examine the impact on flood hazard areas, floodways and base flood elevations shown on the FIRM. Unless otherwise authorized by separate regulations, issuance of this permit does not address the sufficiency of the structural elements of the proposed flood control project. Permits for floodplain development and building permits in areas affected by proposed flood control projects shall not be issued based on conditional letters of map revision issued by FEMA. (Ord. MC-1622, passed 1-17-2024) § 8.79.770 FLOOD CONTROL PROJECTS; APPLICATIONS. Applications for permits for flood control projects shall include documentation, including, but not limited to: Packet Page 840 San Bernardino - Health and Safety198 (A) Site plan or document showing the existing topography and the boundaries of the flood hazard areas, floodway boundaries and base flood elevations shown on the FIRM; (B) Site plan or document showing the proposed topography and the proposed changes to the boundaries of the flood hazard areas, floodway boundaries and base flood elevations; and (C) The documentation submitted to FEMA for a conditional letter of map revision (“CLOMR”) and, if issued, the conditional letter of map revision. Submittal requirements and processing fees shall be the responsibility of the applicant. A CLOMR is required when a proposed flood control project alters a floodway and increases base flood elevations more than greater than 0.00 feet, or alters a watercourse a riverine flood hazard area for which base flood elevations are included in the flood insurance study or on the FIRM and floodways have not been designated and increases base flood elevations more than 1.0 foot. (Ord. MC-1622, passed 1-17-2024) Packet Page 841 CHAPTER 8.80: STORM WATER DRAINAGE SYSTEM Section Article 1. Authority, Purpose and Policy; Definitions 8.80.101 Authority 8.80.102 Purpose and objectives 8.80.103 Definitions Article 2. General Conditions and Prohibitions 8.80.201 Administration 8.80.202 Applicability 8.80.203 Notice 8.80.204 Connections 8.80.205 Protection of the storm water drainage system 8.80.206 Prohibited discharges 8.80.207 Exceptions to the prohibited discharges 8.80.208 Compliance with best management practices (“BMPs”) 8.80.209 Treatment of storm water runoff 8.80.210 Affirmative defense 8.80.211 Spill containment 8.80.212 Immediate notification of accidental discharge 8.80.213 Written notification of accidental discharge 8.80.214 Authority to inspect Article 3. Residential Requirements 8.80.301 Prohibited discharges 8.80.302 Responsibility for illegal discharge of prohibited substances 8.80.303 Maintenance of private residential storm drainage systems Article 4. Industrial and Commercial Requirements 8.80.401 Non-storm water discharges 8.80.402 General permit for storm water discharges from industrial activities 8.80.403 Conditional category - notice of non-applicability 8.80.404 Best management practices (“BMPs”) Article 5. Construction Requirements 8.80.501 Storm water quality management plan (“SWQMP”) 8.80.502 General permit for storm water discharges from construction activity 8.80.503 Non-storm water discharges 8.80.504 Non-storm water discharge reporting requirements 8.80.505 Best management practices Article 6. Administrative Enforcement Remedies 8.80.601 Notice of correction 8.80.602 Notice of violation 8.80.603 Administrative orders 8.80.604 Administrative hearing 8.80.605 Administrative civil penalties 8.80.606 Compensation for damages 199 Packet Page 842 San Bernardino - Health and Safety200 8.80.607 Appeals 8.80.608 Violations deemed a public nuisance Article 7. Judicial Enforcement Remedies 8.80.701 Legal action 8.80.702 Civil penalties 8.80.703 Criminal prosecution 8.80.704 Falsifying information Article 8. General Clauses 8.80.801 Severability 8.80.802 City’s right of revision ARTICLE 1. AUTHORITY, PURPOSE AND POLICY; DEFINITIONS § 8.80.101 AUTHORITY. This chapter is enacted pursuant to authority conferred by an areawide urban storm water runoff permit (NPDES Permit No. CAS618036, Order No. R8-2002-0012) issued by the State Regional Water Quality Control Board, Santa Ana Region pursuant to § 402(p) of the Clean Water Act, being 33 U.S.C. § 1342(p). § 8.80.102 PURPOSE AND OBJECTIVES. The purpose of this chapter is to ensure the health, safety and general welfare of the residents of the city by prescribing regulations to effectively prohibit non-storm water discharges into the city’s storm water drainage system and to specifically achieve the following objectives: (A) Control discharges from spills, dumping or disposal of materials other than storm water; (B) Reduce the discharge of pollutants in all storm water discharges to the maximum extent practicable; (C) Protect and enhance the water quality of local, state and federal watercourses, water bodies, ground water and wetlands in a manner pursuant to and consistent with the Clean Water Act; (D) Establish penalties for violations of the provisions of this chapter; and (E) Provide for the equitable distribution of the cost of the storm water drainage system and storm water pollution abatement programs, and all related services through the establishment of fair and equitable fees and charges. § 8.80.103 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The definitions in this chapter are included for reference purposes and are not intended to narrow the scope of the definitions set forth in federal or state law or regulations. Words used in this chapter in the singular may include the plural and the plural may include the singular. Use of masculine shall also mean feminine and neuter. ACT or THE ACT. The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq. ADJUSTMENT. A determination that the volumetric amount of storm water which enters the storm water drainage system from a premises is deemed to be a defined amount substantially different from the average storm water drainage. AREAWIDE URBAN STORM WATER RUNOFF PERMIT. The current, regional NPDES Packet Page 843 Storm Water Drainage System 201 permit issued by the California Regional Water Quality Control Board, Santa Ana Region, to the San Bernardino County Flood Control District, San Bernardino County and 16 incorporated cities discharging storm water into the Upper Santa Ana River Basin for the regulation of storm water discharges from municipal separate storm sewer systems. AVERAGE STORM WATER DRAINAGE. The average amount of storm water drainage which enters the storm water drainage system from a premises, based on runoff factors established by the San Bernardino County Flood Control District. BMP. Any best management practice, best management guideline or best management requirement as adopted by any federal, state, regional or local agency to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operating procedures and practices to control: plant site runoff, spillage or leaks; sludge or waste storage and disposal; or drainage from raw material or chemical storage. CITY or THE CITY. Refers to the City of San Bernardino, California. CITY ENGINEER. The City Engineer for the City of San Bernardino, or the City Engineer’s designee. CONSTRUCTION ACTIVITY. Any activity used in the process of developing, redeveloping, enhancing or maintaining land, including, but not limited to: land disturbance, building construction, paving and surfacing, storage and disposal of construction related materials. CONTAMINATION. As defined in the Porter-Cologne Water Quality Control Act, being Cal. Water Code, Division 7, and § 13050(k), CONTAMINATION is “an impairment of the quality of waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. CONTAMINATION includes any equivalent effect resulting from the disposal of waste whether or not waters of the state are affected.” COMPLIANCE SCHEDULE. The time period allowed by the city for a discharger to achieve compliance with the city’s storm water regulations. The COMPLIANCE SCHEDULE shall contain specific dates by which adequate treatment facilities, devices or other related equipment and/or procedures must be installed or implemented. DEVELOPED PARCEL. Any lot or parcel of land altered from its natural state by the construction, creation and addition of impervious area, except public streets or highways. DEVELOPER. A person, firm, corporation, partnership or association who proposes to develop, develops or causes to be developed real property for himself or herself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not developers. DEWATERING. The removal and disposal of surface water or ground water for purposes of preparing a site for construction. DISCHARGE. Any release, spill, leak, flow or escape of any liquid, including sewage, wastewater or storm water, semi-solid or solid substance onto the land or into the city’s storm water drainage system. DISCHARGER. Any person, property owner or occupant of a unit, building, premises or lot in the city who discharges, or causes to be discharged, any of the substances listed in the definition for DISCHARGE directly or indirectly into the city’s storm water drainage system. EPA. The Environmental Protection Agency of the United States of America. GENERAL PERMIT FOR STORM WATER DISCHARGES FROM CONSTRUCTION Packet Page 844 San Bernardino - Health and Safety202 ACTIVITY. A statewide general NPDES permit that regulates all storm water discharges associated with construction projects that disturb one acre or more of land or which result in the disturbance of less than one acre, but which are part of a larger common plan of development or sale. GENERAL PERMIT FOR STORM WATER DISCHARGES FROM INDUSTRIAL ACTIVITIES. A statewide general NPDES permit that regulates storm water discharges associated with industrial activities that are listed in 40 C.F.R. § 122.26(b)(14). HEARING OFFICER. The City’s Engineer, or his or her designee, who presides at the administrative hearings authorized by this chapter and issues final decisions on matters raised therein. ILLEGAL DISCHARGE. Any discharge (or seepage) into the city’s storm water drainage system that is not composed entirely of storm water except for the authorized discharges listed in § 8.80.207. ILLEGAL DISCHARGES include the improper disposal of wastes into the storm water drainage system. ILLICIT CONNECTION. Defined as either of the following: (1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm water drainage system, including, but not limited to, any conveyance which allows non-storm water discharges including sewage, process wastewater and wash water to enter the storm water drainage system and any connections to the storm water drainage system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by a government agency; or (2) Any drain or conveyance connected to the storm water drainage system that is not permitted pursuant to a valid NPDES permit or which has not been documented in plans, maps or equivalent records approved by the city. MAXIMUM EXTENT PRACTICABLE (“MEP”). Refers to the maximum level of pollutant reductions or storm water runoff reductions that must be achieved by treatment, infiltration or a combination of treatment, infiltration and best management practices, taking into account equitable considerations of synergistic, additive and competing factors, including, but not limited to, gravity of the problem, fiscal and technical feasibility, public health risks, societal concern and social benefits, to effectively limit the discharge of pollutants or storm water runoff into the city’s storm water drainage system. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (“NPDES”). The EPA’s national program under the Federal Clean Water Act to eliminate discharges of pollution into waters of the United States. NEW DEVELOPMENT. Land disturbing activities; structural development, including construction or installation of a building or structure; creation of impervious surfaces; and land subdivision. NON-STORM WATER. Any water discharging to the city’s storm water drainage system that does not originate from precipitation events. NON-STRUCTURAL BMPS. Any schedules of activities, prohibitions of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution. NOTICE OF INTENT (“NOI”). A form provided by the State Water Resources Control Board that is required to be completed and submitted in order to obtain coverage under one of the state’s NPDES general storm water permits prior to the start of certain business activities or construction activities. NPDES PERMIT. Any permit issued pursuant to the Federal Clean Water Act. Packet Page 845 Storm Water Drainage System 203 NUISANCE. Any condition described by all of the following: (1) Is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property; (2) Affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal; and (3) Occurs during, or as a result of, the treatment or disposal of wastes. PERMIT. Any permit issued by the city. PERMITTEE. The San Bernardino County Flood Control District, San Bernardino County and each of the 16 cities in San Bernardino County discharging storm water drainage into the Upper Santa Ana River Basin and regulated by the areawide urban storm water runoff permit. PERSON. Any individual, partnership, committee, entity, association, corporation, public agency and any other organization, or group of persons, public or private; the masculine genders shall include the feminine; the singular shall include the plural where indicated by the context. pH. The measure of the hydrogen ion concentration of water and the standard by which the acidity or alkalinity of a water sample is determined. POLLUTANT. Shall mean, but not be limited to, any liquid, solid or semi-solid substances or combination thereof, which causes a nuisance or contributes to a condition of contamination or pollution of the city’s storm water runoff, storm water drainage system or the impairment or degradation of waters of the state, including, but not limited to, the following: (1) Floatable materials (such as floatable plastics or wood products, and metal shavings, or materials forming films, foam or scum); (2) Household waste (such as trash, cleaners, toxic or hazardous chemicals, yard wastes, animal fecal materials, used oil, coolant, gasoline and other vehicle fluids); (3) Metals and non-metals, including compounds of metals and non-metals; (4) Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease); (5) Domestic sewage from sewer line overflows, septic tanks, port-a-potties, boats and recreational vehicles; (6) Animal wastes (such as wastes from confinement facilities, kennels, pens, stables and show facilities); (7) Substances having a pH less than 6.5 or greater than 8.5, or unusual coloration, turbidity or odor; (8) Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon; (9) Materials containing base/neutral or acid extractable organic compounds; (10) Waste materials and wastewater generated on construction sites from construction activities (such as painting and staining; use of sealants and glues; use of lime; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, vehicle maintenance, construction equipment washing, concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and chlorinated water from potable line flushing; (11) Those pollutants defined in § 1362(6) of the Federal Clean Water Act; and Packet Page 846 San Bernardino - Health and Safety204 (12) Any other constituent or material, including, but not limited to, pesticides, herbicides, fertilizers, eroded soils, sediment and particulate materials, in quantities that have been determined by the state or EPA to adversely affect the beneficial uses of waters of the state. REDEVELOPMENT. The creation or addition of impervious surfaces or the making of improvements to an existing structure on an already developed site; replacement of impervious surfaces that are not part of a routine maintenance activity; and land disturbing activities related with structural or impervious surfaces. SEWAGE. The wastewater of the community derived from residential, agricultural, commercial or industrial sources, including domestic sewage and industrial wastewater. SIC (“STANDARD INDUSTRIAL CLASSIFICATION”). The statistical classification standard underlying all establishment-based federal economic statistics classified by industry. The Standard is published in the SIC Manual, 1987, Office of Management and Budget. STORM WATER. Rain water, snow melt runoff and associated surface runoff and drainage. STORM WATER DRAINAGE SYSTEM. All of the property involved in the operation of the storm water drainage collection and disposal system for the city, including, but not limited to, conduits, natural or artificial drains, channels and watercourses, together with appurtenances, pumping stations and equipment which is tributary to the regional storm water runoff system. STORM WATER POLLUTION PREVENTION PLAN (“SWPPP”). The plan as described in the general construction activity storm water permit as issued by the State Water Resources Control Board on August 19, 1999 and as may be amended, or the general industrial activities storm water permit as issued on April 17, 1997 and as may be amended, which specifies BMPs that will prevent pollutants from contacting storm water and all products of erosion from moving off site into receiving waters. STORM WATER QUALITY MANAGEMENT PLAN (“SWQMP”). A plan required of new development/redevelopment projects, outlining appropriate non-structural and structural BMPs, including storm water infiltration and treatment devices that will be implemented and installed to prevent pollutants from being discharged into the city’s storm water drainage system, during and after construction. STRUCTURAL BMPS. Any structural facility designed and constructed to remove pollutants from storm water runoff or prevent pollutants from contacting storm water. Examples are canopies, structural enclosures, sediment basins, catch basin inlet filters, grassy swales and sand and oil interceptors. VIOLATION. A breech of any provision of this chapter. WATERS OF THE STATE. Any surface water or ground water, including saline waters, within the boundaries of the state. ARTICLE 2. GENERAL CONDITIONS AND PROHIBITIONS § 8.80.201 ADMINISTRATION. The City Engineer shall administer, implement and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the City Engineer may be delegated by the City Engineer to persons authorized by the City Engineer and in the employ of the city. § 8.80.202 APPLICABILITY. This chapter shall apply to all dischargers, including all residents as well as commercial, industrial and construction enterprises, to the city’s storm water drainage system, and to dischargers outside the city who, by agreement with the city, utilize the city’s storm water drainage system. Packet Page 847 Storm Water Drainage System 205 § 8.80.203 NOTICE. Unless otherwise provided herein, any notice required by this chapter shall be in writing and served in person, by first class, registered or certified mail. Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service. § 8.80.204 CONNECTIONS. (A) The discharge or diversion of storm water or non-storm water is permissible when the connection to the city’s storm water drainage system is made in accordance with a valid construction permit, approved construction plan and, if applicable, an NPDES storm water permit and the discharge is not prohibited under § 8.80.206. (B) (1) It is prohibited to establish, use, maintain and/or continue any illicit connection to the city’s storm water drainage system. This prohibition is retroactive and applies to connections made in the past, regardless of whether the connection was made under a permit or other authorization or whether the connection was permissible under the law or practices applicable or prevailing at the time of the connection. (2) Construction permits are required for the construction or modification of any storm drain or conveyor of drainage waters and appurtenant items within: (a) Dedicated easements, rights-of-way or public place and/or facility; or (b) Private property so as it may, directly or indirectly, discharge into the city’s storm water drainage system. Indirect discharges include, but are not limited to, under sidewalk drains, driveway approaches and unrestricted sheet flow. § 8.80.205 PROTECTION OF THE STORM WATER DRAINAGE SYSTEM. Without the prior written approval of the City Engineer, no person shall construct, modify or cause to be constructed or modified any structure, facility or appurtenant items which may alter the normal functioning of the city’s storm water drainage system, including any action which may alter the capacity, fall or structural integrity of a storm drain, channel or related structures. § 8.80.206 PROHIBITED DISCHARGES. It is prohibited to: (A) Discharge non-storm water, directly or indirectly, to the city’s storm water drainage system, or any street, lined or unlined drainage channel which leads to the city’s storm drain or directly or indirectly into any waters of the state unless such discharge is authorized by either a separate NPDES permit or as otherwise specified in § 8.80.207. If such discharge is permitted by a NPDES permit or is generally exempted, but causes the city to violate any portion of its NPDES permits for storm water discharges, such discharge is also prohibited; (B) Discharge storm water into the city’s storm water drainage system containing pollutants that have not been reduced to the maximum extent practicable; (C) Throw, deposit, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained any refuse, garbage, sediment or other discarded or abandoned objects, articles and accumulations in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place or upon any public or private lot of land in the city, so that the same may be and/or may become a pollutant; (D) Throw or deposit any refuse, garbage or any other pollutant into any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the city; and (E) Discharge any of the following types of waste into the city’s storm water drainage system: (1) Sewage; Packet Page 848 San Bernardino - Health and Safety206 (2) Surface cleaning wash water resulting from mopping, rinsing, pressure washing or steam cleaning of gas stations and vehicle service businesses or any other business; (3) Discharges resulting from the cleaning, repair or maintenance of any type of equipment, machinery or facility, including motor vehicles, concrete mixing equipment, portable toilet servicing and the like; (4) Wash water from mobile auto detailing and washing, steam and pressure cleaning, carpet cleaning, drapery and furniture cleaning and the like; (5) Wastewater from cleaning municipal, industrial, commercial and residential areas (including parking lots), streets, sidewalks, driveways, patios, plazas, work yards and outdoor eating or drinking areas, containing chemicals or detergents and without prior sweeping and the like; (6) Storm water runoff from material or waste storage areas containing chemicals, fuels, grease, oil or other hazardous materials or contaminated equipment; (7) Discharges from pool or fountain water containing chlorine, biocides, acids or other chemicals; pool filter backwash containing debris and chlorine; (8) Pet waste, yard waste, debris, sediment and the like; (9) Restaurant wastes, such as grease, mop water and wash water from cleaning dishes, utensils, laundry, floors, floor mats, trash bins, grease containers, food waste and the like; (10) Chemicals or chemical waste; (11) Medical wastes; (12) Blow down or bleed water from cooling towers and boilers, regenerative brine waste from water softeners or reverse osmosis treatment systems; (13) Materials or chemical substances that cause damage to the city’s storm water drainage system; and (14) Any other material that causes or contributes to a condition of contamination, nuisance or pollution in the city’s storm drainage system or causes a violation of any waste disposal regulations, waste discharge requirements, water quality standards or objectives adopted by the State Water Resources Control Board, Regional Water Quality Control Board, EPA, San Bernardino County Fire Hazmat, San Bernardino County Flood Control District or any other public agency with jurisdiction. § 8.80.207 EXCEPTIONS TO THE PROHIBITED DISCHARGES. (A) The following discharges of non-storm water into the city’s storm drainage system are generally exempt from the prohibited discharges listed in § 8.80.206. However, divisions (A)(12) through (A)(22) below have been identified as potential significant sources of pollutants and require coverage under the regional board’s de minimus permit as well as prior approval by the City Engineer before discharge (see *note below): (1) Discharges covered by NPDES permits or written clearances issued by the Regional or State Board; (2) Landscape irrigation, lawn watering and irrigation water; (3) Water from crawl space pumps; (4) Air conditioning condensation; (5) Non-commercial car washing; (6) Rising ground waters and natural springs; (7) Ground water infiltration, as defined in 40 C.F.R. § 35.2005(b)(20), and uncontaminated pumped ground water; (8) Water flows from riparian habitats and Packet Page 849 Storm Water Drainage System 207 wetlands; (9) Water flows generated from emergency response and/or firefighting activities; however, appropriate BMPs shall be implemented to the extent practicable; BMPs must be implemented to reduce pollutants from non-emergency firefighting flow; (10) Waters not otherwise containing wastes, as defined in Cal. Water Code, § 13050(d); (11) Other types of discharges identified and recommended by the city and approved by the Regional Water Quality Control Board; (12) *Potable water line testing or flushing and other discharges from potable water sources; (13) *Water from fire hydrant testing and flushing using appropriate BMPs; (14) *Water from passive foundation drains or passive footing drains; (15) *Dechlorinated swimming pool discharges; (16) *Diverted stream flow; (17) *Wastes associated with well installation, development, test pumping and purging; (18) *Aquifer testing wastes; (19) *Discharges from hydrostatic testing of vessels, pipelines, tanks and the like; (20) *Discharges from the maintenance of potable water supply pipelines, tanks, reservoirs and the like; (21) *Discharges from the disinfection of potable water supply pipelines, tanks, reservoirs and the like; and (22) *Discharges from potable water supply systems resulting from system failures, pressure releases and the like. *Note: The city requires that a “non-storm water discharge notification form” be submitted to the Development Services Department for approval of these discharges, five days prior to any planned discharges or, as soon as possible, for any unplanned discharges. The notification form is available from the Development Services Department counter. Monitoring may also be required for these discharges. (B) The Regional Board may issue waste discharge requirements for discharges exempted from NPDES requirements, if identified to be a significant source of pollutants. The Executive Officer of the Board may also add categories of non-storm water discharges that are not significant sources of pollutants or remove categories of non-storm water discharges listed above based upon a finding that the discharges are a significant source of pollutants. In this case, the list of exempted discharges above would be adjusted accordingly. § 8.80.208 COMPLIANCE WITH BEST MANAGEMENT PRACTICES (“BMPs”). Any person undertaking any activity or operation in the city that could potentially cause or contribute to storm water pollution or a discharge of non-storm water shall comply with all applicable best management practices (“BMPs”) as listed in the “California Storm Water Best Management Practice Handbooks” or the current county storm water program’s “Report of Waste Discharge” to reduce pollutants in storm water runoff and reduce non-storm water discharges to the city’s storm water drainage system to the maximum extent practicable or to the extent required by law. § 8.80.209 TREATMENT OF STORM WATER RUNOFF. If a discharger has the potential to introduce pollutants into the city’s storm water drainage system or is exceeding EPA parameter benchmark values, the city may require the installation of appropriate storm water treatment equipment or devices. These devices shall reduce pollutant constituents to the degree of reduction attainable through the application of the best Packet Page 850 San Bernardino - Health and Safety208 management practices to the maximum extent practicable. Any required treatment equipment or devices shall be provided, operated and maintained at the expense of the discharger. Detailed plans showing the treatment device and operating procedures shall be submitted to the city for review, and shall be acceptable to the city before construction or installation of the equipment. The review and approval of such plans and operating procedures will in no way relieve the discharger from the responsibility of modifying the facility as necessary to treat storm water runoff or prevent the introduction of storm water pollutants to comply with this chapter. § 8.80.210 AFFIRMATIVE DEFENSE. A discharger shall have an affirmative defense in any action brought against it alleging a violation of § 8.80.206 where the discharger can demonstrate it did not know or have reason to know that its discharge, alone or in conjunction with a discharge or discharges from other sources, would cause violation of this chapter or the areawide urban storm water runoff permit. § 8.80.211 SPILL CONTAINMENT. (A) Persons storing chemicals or chemical waste outdoors shall be required to install spill containment subject to requirements established by the City Engineer and federal, state and county standards. Persons storing any other materials or equipment that are potential sources of storm water pollution are also required to install spill containment. (B) No person shall operate a spill containment system that could allow incompatible materials and/or wastes to mix, thereby creating hazardous or toxic substances in the event of failure of one or more containers. Spill containment systems shall consist of a system of dikes, walls, barriers, berms and/or other devices designed to contain the spillage of the liquid contents of the containers stored in them and to minimize the buildup of storm water from precipitation, and run-on from roof drainage and outside areas. If the spill containment system does not have a roof which covers the entire contained area, the spill containment system shall have the capacity to contain precipitation from at least a 24-hour, 25-year rainfall event, plus 10% of the total volume of the material stored there or the volume of the largest container, whichever is greater. Spill containment systems shall also be constructed of impermeable and non-reactive materials to the materials and/or wastes being contained. Spilled and/or leaked materials and/or wastes and any accumulated precipitation shall be removed from the spill containment system in as timely a manner as is necessary to prevent the overflow of the spill containment system. (C) Unless otherwise approved by the City Engineer, all chemicals or wastes discharged within the spill containment system shall be disposed of in accordance with all applicable federal, state and local rules, regulations and laws, and shall not be discharged into the city’s sanitary sewer system, storm water drainage system or onto the ground. § 8.80.212 IMMEDIATE NOTIFICATION OF ACCIDENTAL DISCHARGE. (A) Protection of the city’s storm water drainage system from the accidental discharge of prohibited materials or wastes is the responsibility of the person or persons in charge of such material. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the City Engineer for review, and shall be approved by the City Engineer prior to any construction. All new and existing dischargers shall complete such a plan. Review and approval of such plans and operating procedures shall not relieve the discharger from the responsibility to modify his or her facility as necessary to meet the requirements of this chapter. (B) A notice shall be permanently posted in a prominent place advising employees whom to contact in the event of an accidental discharge. Employers shall ensure that all employees are advised of the Packet Page 851 Storm Water Drainage System 209 emergency notification procedures. In the event of an accidental discharge, it is the responsibility of the discharger to immediately telephone and notify the proper authorities. (C) All discharges released into the city’s storm water drainage system, including a street or gutter, shall be immediately reported to the City Development Services Department and Fire Department. All discharges that pose a threat to human health or the environment shall be reported to the Executive Officer of the State Regional Water Quality Control Board within 24 hours by telephone or e-mail and followed with a written report of the spill event within five days. At minimum, all sewage spills over 1,000 gallons and all reportable quantities of hazardous materials or hazardous waste shall be reported within 24 hours. § 8.80.213 WRITTEN NOTIFICATION OF ACCIDENTAL DISCHARGE. Within five working days following an accidental discharge into the city’s storm water drainage system, the person or persons in charge of the material and/or waste which was accidentally discharged shall submit a written report to the City Engineer. The report shall describe in detail the type and volume of the material and/or waste and the cause of the discharge. The report shall also describe, in detail, all corrective actions taken and measures to be taken to prevent future occurrences. Such notification of the accidental discharge shall not relieve the user of any fines or civil penalties incurred as a result of the event or any other liability which may be imposed by this chapter or other applicable laws. § 8.80.214 AUTHORITY TO INSPECT. (A) The City Engineer, or his or her designated representative, shall be authorized, at any reasonable time, to enter the premises of any discharger to the city’s storm water drainage system to determine compliance with the provisions of this chapter, and to: (1) Conduct inspection, monitoring and/or other authorized duties to enforce the provisions of this chapter; (2) Review any records, reports, test results or other information required to enforce the provisions of this chapter. Such review may include the necessity to photograph, videotape or copy any applicable information; and (3) Inspect any chemicals, materials, wastes, storage areas, storage containers and waste generating processes, treatment facilities and discharge locations. Such inspection may include the necessity to photograph or videotape any applicable chemicals, materials, wastes, storage areas, storage containers, waste generating processes, treatment facilities and discharge locations. (B) The City Engineer, or his or her designated representative, shall provide adequate identification when entering the premises of any discharger. If such entry is refused or cannot be obtained, the City Engineer shall have recourse to every remedy provided by law to secure lawful entry and inspection of the premises. (C) If the City Engineer has reasonable cause to believe that non-storm water discharge conditions on or emanating from the premises are of a nature so as to require immediate inspection to safeguard public health or safety, the City Engineer shall have the right to immediately enter and inspect said property and may use any reasonable means required to effect such entry and make such inspection, regardless if said property is occupied or unoccupied and regardless if formal permission to inspect said property has been obtained. (D) Where a discharger has instituted security measures requiring proper identification and clearance before entry onto the premises, the discharger shall Packet Page 852 San Bernardino - Health and Safety210 make all necessary arrangements with its security agents in order that, upon presentation of such identification, the City Engineer, or his or her designated representative(s), shall be permitted to enter the premises without delay, for the purpose of performing his or her authorized duties. For facilities which require special clearances to conduct inspections, it shall be the responsibility of the discharger to obtain all necessary clearances on behalf of the city so that the inspection is not impaired. ARTICLE 3. RESIDENTIAL REQUIREMENTS § 8.80.301 PROHIBITED DISCHARGES. In addition to the general prohibitions in § 8.80.206, it is prohibited to discharge any of the following to any street, gutter, alley, sidewalk, storm drain inlet, catch basin, conduit or other drainage structures, business place or upon any public or private lot of land in the city, so that the same may be and/or may become a pollutant: (A) Animal waste, soil, leaves, plant and tree cuttings, grass clippings, weeds, dead trees, fertilizer, soil amendments or mulch and pesticides; (B) Concrete or cement waste, brick and tile work wastes, plaster and drywall tool cleanup water, waste paint or painting cleanup water, asphalt or asphalt cleanup solvents or slurry from saw cutting concrete or asphalt and other construction waste; (C) Domestic sewage, including wastewater from sinks, washing machines, dishwashers, toilets, campers, motorhomes or trailers; (D) Chemicals, degreasers, bleach, steam cleaning or pressure washing wastewater; (E) Motor oil, antifreeze, gasoline, diesel, kerosene, solvents, battery acid, brake fluid, transmission fluid, power steering fluid, engine cleaning compounds, engine or parts cleaning wash water or rinse water and any other vehicular fluids; (F) Water softener brine waste, or any other wastewater from other household water treatment systems; (G) Wastewater from draining swimming pools, ponds or fountains which contain chlorine biocides, acids or other chemicals, pool filter backwash containing debris and chlorine; (H) Discharges from acid cleaning of swimming pools, ponds or fountains or filter cleaning from the same; and (I) Any other material that causes or contributes to a condition of contamination, nuisance or pollution in the city’s storm drainage system or causes a violation of any waste disposal regulations, waste discharge requirements, water quality standards or objectives adopted by the State Water Resources Control Board or Regional Water Quality Control Board. § 8.80.302 RESPONSIBILITY FOR ILLEGAL DISCHARGE OF PROHIBITED SUBSTANCES. The property owner(s) of a lot or parcel from which an illegal discharge originates shall be ultimately responsible for all abatement and cleanup costs associated with the discharge, at his or her own expense, if the responsible party cannot be located. Likewise, if the tenant of a multi-family residential unit has discharged a prohibited material or waste into the city’s storm drainage system or has caused the contamination of storm water runoff from the property by his or her activities and the City Engineer cannot determine the responsible party or residential unit responsible, the owner of the property from which the discharge originated shall be responsible for the cleanup and abatement costs to mitigate the condition. Packet Page 853 Storm Water Drainage System 211 Additionally, a property owner shall be responsible for all cleanup costs and damages to the city’s storm drainage system from a contractor’s activities, if the contractor was hired by the owner and cannot be located. § 8.80.303 MAINTENANCE OF PRIVATE RESIDENTIAL STORM DRAINAGE SYSTEMS. All private residential storm drainage inlets, under-drains and gutters shall be inspected annually and cleaned prior to the beginning of the rainy season if there is evidence of one or more of the following conditions: (A) The sediment/debris storage volume is 25% or more full; (B) There is evidence of illegal discharge; and (C) Accumulated sediment or debris impairs the hydraulic function of the facility. Private streets shall also be swept and maintained as needed to prevent sediment, gardening waste, trash, litter and other contaminants from entering the city’s storm drainage system. ARTICLE 4. INDUSTRIAL AND COMMERCIAL REQUIREMENTS § 8.80.401 NON-STORM WATER DISCHARGES. All non-storm water discharges associated with industrial and commercial activities that discharge into the city’s storm water drainage system are prohibited except as permitted by an individual user’s NPDES storm water permit or § 8.80.207. § 8.80.402 GENERAL PERMIT FOR STORM WATER DISCHARGES FROM INDUSTRIAL ACTIVITIES. (A) All businesses who own or operate facilities described in 40 C.F.R. § 122.26(b)(14)(i) through (b)(14)(xi) are required to obtain coverage under the state’s general permit for discharges of storm water associated with industrial activities, at least 14 days prior to the startup of business activities. All listed businesses are required to submit a completed notice of intent (“NOI”) form, site map and application fee to the State Water Resources Control Board (“SWRCB”). The SWRCB also requires the listed businesses to prepare a storm water pollution prevention plan (“SWPPP”), retain a copy of the SWPPP on site and comply with all the requirements of the general permit. Copies of the NOI form are available from the City Development Services Department. (B) The city requires that all businesses that have filed an NOI for coverage under the state’s general permit and have received a waste discharge identification number (“WDID”) from the State Water Resources Control Board, either mail, fax or hand deliver a copy of the WDID letter from the state to the Development Services Department as proof of filing. § 8.80.403 CONDITIONAL CATEGORY - NOTICE OF NON-APPLICABILITY. (A) Businesses who own or operate facilities described in 40 C.F.R. § 122.26(b)(14)(xi) may prepare a “notice of non-applicability” in lieu of an NOI if they can certify on this form provided by the State Water Resources Control Board that there is no manufacturing process, material, equipment or product storage outside in an area that is exposed to storm water runoff. (B) The “notice of non-applicability” must document all of the following: Packet Page 854 San Bernardino - Health and Safety212 (1) All prohibited non-storm water discharges have been eliminated or otherwise permitted; (2) All significant materials related to industrial activity (including waste materials) are not exposed to storm water or authorized non-storm water discharges; (3) All industrial activities and industrial equipment are not exposed to storm water or authorized non-storm water discharges; and (4) There is no exposure of storm water to significant materials associated with industrial activity through other direct or indirect pathways such as from industrial activities that generate dust and particulates. (C) Businesses in this category are required to submit the notice of non-applicability to the local office of the State Regional Water Quality Control Board, Santa Ana Region, and are required to maintain the above documentation on-site at all times. They are also required to re-evaluate and re-certify once a year that the conditions above are continuously met. Copies of the “notice of non-applicability” form are available from the City Development Services Department. § 8.80.404 BEST MANAGEMENT PRACTICES (“BMPs”). (A) All businesses, regardless of permit status, shall implement all applicable BMPs, as listed in the “California Storm Water Best Management Practice Handbooks” or the current San Bernardino County Storm Water Program’s “Report of Waste Discharge,” to reduce pollutants in storm water runoff and reduce non-storm water discharges to the city’s storm water drainage system to the maximum extent practicable. All structural controls shall also be maintained to effectively prevent pollutants from contacting storm water or remove pollutants from storm water runoff to the maximum extent practicable. Maintenance records for structural and treatment devices, including waste hauling receipts, shall be kept for a period of five years and made available to the city’s inspector, upon request. (B) If structural or treatment controls are not functioning as designed or are not effective in reducing storm water pollutants or non-storm water discharges to the maximum extent practicable, the city will require that the control device be repaired, rebuilt or replaced. ARTICLE 5. CONSTRUCTION REQUIREMENTS § 8.80.501 STORM WATER QUALITY MANAGEMENT PLAN (“SWQMP”). (A) Prior to the issuance of any grading or building permit, all qualifying land development/ redevelopment projects shall submit and have approved a storm water quality management plan (“SWQMP”) to the City Engineer on a form provided by the city. The SWQMP shall identify all BMPs that will be incorporated into the project to control storm water and non-storm water pollutants during and after construction and shall be revised as necessary during the life of the project. The SWQMP submittal applies to construction projects covered by the NPDES general construction permit as well as construction projects less than one acre. (B) Qualifying development/redevelopment projects include: (1) Home subdivisions of ten units or more. This includes single-family residences, multi-family residences, condominiums, apartments and the like; (2) Commercial developments of 100,000 square feet or more. This includes non-residential Packet Page 855 Storm Water Drainage System 213 developments, such as hospitals, educational institutions, recreational facilities, mini-malls, hotels, office buildings, warehouses and light industrial facilities; (3) Vehicle maintenance shops (SIC codes 5013, 5014, 5541, 7532 through 7534, 7536 through 7539); (4) Food service businesses developing 5,000 square feet or more of land area; (5) All hillside developments on 10,000 square feet or more, which are located on areas with known erosive soil conditions or where the natural slope is 25% or more; (6) Developments of 2,500 square feet of impervious surface or more adjacent to (within 200 feet) or discharging directly into environmentally sensitive areas such as areas designated in the ocean plan as areas of special biological significance or water bodies listed on the Clean Water Act, § 303(d) list of impaired waters at § 303(d) of the Act, being 33 U.S.C. § 1313(d); (7) Parking lots of 5,000 square feet or more exposed to storm water. PARKING LOT is defined as land area or facility for the temporary storage of motor vehicles; and (8) All redevelopment projects adding 5,000 square feet or more of impervious surface on an already developed site. This includes additional buildings and/or structures, extension of an already existing building footprint and construction of parking lots and the like. § 8.80.502 GENERAL PERMIT FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITY. (A) Any developer/owner engaging in construction activities which disturb one acre or more of land shall apply for coverage under the general storm water permit for construction activity with the State Water Resources Control Board (“SWRCB”). Any developer/owner engaging in construction activities which disturb less than one acre but are part of a larger common plan of development or sale that is greater than one acre must also apply for coverage under the general storm water permit for construction activity with the State Water Resources Control Board (“SWRCB”). CONSTRUCTION ACTIVITY includes, but is not limited to: clearing, grading, demolition, excavation, construction of new structures and reconstruction of existing facilities, involving removal and replacement that results in soil disturbance. The owner of the land where the construction activity is occurring is responsible for obtaining coverage under the permit. Owners may obtain coverage under the general permit by completing a “notice of intent” form (“NOI”) and mailing the form along with a vicinity map and the appropriate fee to the office of the State Water Resources Control Board. The NOI form and checklist of items to submit to the state is available from the State Water Resources Control Board in Sacramento, California or from the City Development Services Department. In addition, the owner shall also prepare a storm water pollution prevention plan (“SWPPP”) in accordance with state requirements. (B) Prior to obtaining any city-issued grading and/or construction permits, the developer/owner shall provide evidence of compliance with the general construction permit by providing a copy of the waste discharger’s identification number (“WDID”) to the City Development Services Department. § 8.80.503 NON-STORM WATER DISCHARGES. (A) Discharges of non-storm water from construction activities are generally prohibited except for those discharges listed in § 8.80.207 or any discharges authorized by the City Engineer or the Regional Water Quality Control Board (“RWQCB”). The city and the RWQCB will allow the discharge of certain non-storm water discharges from construction Packet Page 856 San Bernardino - Health and Safety214 sites provided that they are in compliance with the discharge limitations specified in the current general waste discharge requirements for de minimus discharges issued by the Regional Water Quality Control Board, Santa Ana Region. (B) The following discharges are authorized provided they are in compliance with the permit: (1) Construction dewatering wastes; (2) Wastes associated with well installation, development, test pumping and purging; (3) Aquifer testing wastes; (4) Dewatering wastes from subterranean seepage, except for discharges from utility company vaults; (5) Discharges resulting from hydrostatic testing of vessels, pipelines, tanks and the like; (6) Discharges resulting from the maintenance of potable water supply pipelines, tanks, reservoirs and the like; (7) Discharges resulting from the disinfection of potable water supply pipelines, tanks, reservoirs and the like; (8) Discharges from potable water supply systems resulting from system failures, pressure releases and the like; and (9) Discharges from fire hydrant testing or flushing. § 8.80.504 NON-STORM WATER DISCHARGE REPORTING REQUIREMENTS. (A) (1) Authorized non-storm water discharges under § 8.80.503 shall be reported to the City Engineer at least five days prior to a planned discharge. Unplanned discharges of non-storm water into the city’s storm drainage system shall be reported as soon as possible and before any discharge is initiated. The City Development Services Department shall provide a “non-storm water discharge notification form” for any developer that is proposing to discharge any non-storm water from a construction site. The non-storm water discharge notification form must be submitted to the Development Services Department for these discharges, at least five days prior to any planned discharge or as soon as possible for any unplanned discharge. Monitoring may also be required for these discharges. (2) If the city provided form is not utilized, a report shall be submitted prior to discharge which includes the following information: (a) Type of proposed discharge; (b) Estimated average and maximum daily flow rate; (c) Frequency and duration of discharge; (d) A description of the proposed treatment system (if appropriate); and (e) A description of the path from the point of discharge to the nearest storm drain inlet. (B) All discharges shall be monitored daily for flow volume and shall be recorded in a daily log by the person responsible for the discharge. Discharges shall also be sampled during the first 30 minutes of each discharge and weekly thereafter for continuous discharges for chlorine and total suspended solids. Monitoring data for flow, chlorine and suspended solids and any other required constituents shall be reported to the City Development Services Department on a weekly basis. Packet Page 857 Storm Water Drainage System 215 § 8.80.505 BEST MANAGEMENT PRACTICES. All construction projects which could potentially have an adverse impact on the city’s storm water drainage system or waters of the state shall install and/or implement appropriate construction and post-construction BMPs, as listed in their SWQMP or the “California Storm Water Best Management Practice Handbook,” to reduce pollutants to the maximum extent practicable or to the extent required by law. ARTICLE 6. ADMINISTRATIVE ENFORCEMENT REMEDIES § 8.80.601 NOTICE OF CORRECTION. Whenever the City Engineer, or his or her designee, finds that any discharger has the potential to violate or has already violated any prohibition, limitation or requirement contained in this chapter, any NPDES storm water permit or the basin plan, the city may serve upon such person a written notice of correction stating the nature of the violation and the necessary actions that must be implemented to correct the situation. The NOC shall stipulate a time period by which the problem must be corrected and the penalties for non-compliance. § 8.80.602 NOTICE OF VIOLATION. (A) When the City Engineer, or his or her authorized representative, finds that any discharger has failed to comply with a notice of correction or has violated or continues to violate any prohibition, limitation or requirement contained in this chapter, any NPDES storm water permit or the basin plan, the city may serve upon such person a written notice of violation stating the nature of the violation and the penalties for non-compliance. At a minimum, the notice of violation shall require that the discharger submit to the City Engineer, within a time period specified in the notice, a plan indicating the cause of the violation and corrective actions which will be taken to prevent recurrence. A discharger shall be guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by the discharger. (B) Pursuant to Cal. Gov’t Code, §§ 53069.4 and 36900(b), the following administrative fines shall apply to the issuance of a notice of violation by the City Engineer, or his or her authorized representative. (1) A first notice of violation shall be issued for a first violation of this chapter and shall be punishable by an administrative fine not exceeding $100. (2) A second notice of violation shall be issued for a second violation of this same ordinance within one year and shall be punishable by an administrative fine not exceeding $200. (3) A third notice of violation shall be issued for a third violation of this same ordinance within one year and shall be punishable by an administrative fine not exceeding $500. Each additional violation of the same ordinance within one year shall also be punishable by an administrative fine of $500. § 8.80.603 ADMINISTRATIVE ORDERS. The City Engineer may require compliance with any prohibition, limitation or requirement contained in this chapter, any NPDES storm water permit or the basin plan, by issuing an administrative order, enforceable in a court of law or by directly seeking court action. Administrative orders may include Packet Page 858 San Bernardino - Health and Safety216 compliance orders, stop work orders, cease and desist orders, termination of service orders and immediate termination of service orders. (A)Compliance order. (1) (a) The City Engineer, or his or her designee, may issue a compliance order to any discharger who fails to correct a violation of this chapter, any NPDES storm water permit or the basin plan. The order shall be in writing, specify the violation(s) and require appropriate compliance measures within a specified time period. (b) The compliance order may include the following terms and requirements: 1. Specific steps and time schedules for compliance as reasonably necessary to eliminate an existing prohibited discharge or illegal connection or to prevent the imminent threat of a prohibited discharge; 2. Specific requirements for containment, cleanup, removal, storage, installation of overhead covering or proper disposal of any pollutant having the potential to contact storm water runoff; 3. Installation of storm water treatment devices, containment structures, wash racks and addition and removal of storm water drains; and 4. Any other terms or requirements reasonably calculated to prevent imminent threat of or continuing violations of this chapter, including, but not limited to, requirements for compliance with best management practices guidance documents promulgated by any federal, state or regional agency. (2) The City Engineer, or his or her designee, may adopt a proposed compliance schedule submitted by the user or may adopt a revised compliance schedule if, in his or her judgment, the proposed compliance schedule would allow the user to cause harm to the receiving waters and/or the city’s storm drainage system. (3) A compliance order shall require the discharger to pay a $1,000 penalty fee to the city for the issuance thereof. (B)Stop work order. (1) The City Engineer or Building Official may serve a written stop work order on any person engaged in doing, or causing to be done, new construction, tenant improvements, alterations or additions, if: (a) No construction permit has been granted by the city; (b) Work has begun prior to the submittal of a written storm water quality management plan (“SWQMP”) and subsequent approval by the City Engineer, or his or her designee; or (c) Violations of this article are found at the site of the new construction, tenant improvements, alterations or additions. (2) Any person served a stop work order shall stop such work forthwith until written authorization to continue is received from the City Engineer or Building Official. A stop work order shall require the discharger to pay a $1,000 penalty fee to the city for the issuance thereof. (C)Cease and desist order. (1) When the City Engineer, or his or her designee, finds that any industrial and/or commercial discharger has violated or threatens to violate any prohibition, limitation or requirement contained in this chapter, any NPDES storm water permit or the basin plan or NPDES storm water permit, the city may issue a cease and desist order directing the discharger to: Packet Page 859 Storm Water Drainage System 217 (a) Immediately discontinue any illicit connection or prohibited discharge to the city’s storm water drainage system; (b) Immediately contain or divert any flow of water off the property, where the flow is occurring in violation of any provision of this chapter; and (c) Immediately discontinue any other violation of this chapter. (2) A cease and desist order shall require the discharger to pay a $1,000 penalty fee to the city for the issuance thereof. (D)Termination of service. When the City Engineer finds any industrial and/or commercial discharger, who has a direct connection into the city’s storm water drainage system or has violated an administrative order, the City Engineer may terminate storm drain service to the discharger. The discharger shall be liable for all costs for termination of storm drain service incurred by the city. This provision is in addition to any other statues, rules or regulations authorizing termination of service for delinquency payment or for any other reasons. Storm drain service shall be re-instituted by the City Engineer after the discharger has complied with all the provisions of the administrative order. The discharger shall also be liable for all costs for re-instituting storm drain service. (E)Immediate termination of service. (1) The City Engineer may immediately suspend storm drain service and any non-storm water discharge permit when such suspension is necessary, in the opinion of the City Engineer, to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, or which significantly or could significantly cause pollution to the receiving waters, ground and/or storm drainage system of the city. Any industrial and/or commercial discharger notified that their storm drain service has been suspended shall immediately cease and eliminate the discharge into the city storm water drainage system. (2) In the event of failure to comply voluntarily with the termination of service order, the City Engineer shall take appropriate steps, including immediate severance of all applicable storm drain connections. All persons responsible for a discharge that may endanger the health or welfare of the community or the environment shall be liable for all costs incurred by the city in terminating storm drain service. Storm drain service shall be re-instituted by the City Engineer after the actual or threatened discharge has been eliminated. A detailed written statement, submitted by the industrial and/or commercial discharger, describing the cause of the harmful contribution and the measures to prevent any future occurrence shall be submitted to the City Engineer within ten working days of the date of storm drain service termination. § 8.80.604 ADMINISTRATIVE HEARING. (A) Any discharger may request, or the City Engineer may order, an administrative hearing, at which time, a discharger who causes or allows or who has caused or allowed an unauthorized discharge to enter into the city’s storm water drainage system, or who continues to allow, a violation of this chapter to exist may show cause why a proposed enforcement action should not be taken against him or her. The City Administrator, or the City Administrator’s designee, shall preside over the administrative hearing, at which time each party, including the discharger and the City Engineer, or his or her designee, shall have the right to present evidence. (B) A notice of hearing shall be served on the discharger specifying the time and place of the hearing and referencing the specific violation and/or violations Packet Page 860 San Bernardino - Health and Safety218 of this chapter, the reasons why the action is to be taken and the proposed enforcement action, directing the discharger to show cause before the hearing officer why the proposed enforcement action should not be taken. The notice of hearing shall be served personally or by registered or certified mail, return receipt requested, at least ten working days prior to the hearing. Service of the notice of hearing may be made on any agent or officer of the discharger. § 8.80.605 ADMINISTRATIVE CIVIL PENALTIES. (A) Pursuant to Cal. Gov’t Code, §§ 54739 and 54740.5, the City Engineer may issue an administrative complaint to any person who violates this chapter, any prohibition or limitation thereof or any compliance order, cease and desist order, stop work order or injunction. The administrative complaint shall allege the act or failure to act that constitutes the violation, the proposed civil penalty and the authority under which it is imposed. The administrative complaint, served on the alleged violator by personal delivery or by certified mail, shall inform the person served that a hearing before the City Administrator, or the City Administrator’s designee, shall be conducted within 60 days of the service of the complaint. The right to a hearing may be waived by the person who has been issued the administrative complaint, in which case the city shall not conduct a hearing. A person dissatisfied with the decision of the City Administrator may appeal to the Mayor and CommonCity Council of the city within 30 days of notice of the City Administrator’s decision. (B) If, after the hearing or appeal, if any, it is found that the person has violated reporting or discharge requirements, the City Administrator or Mayor and CommonCity Council may assess a civil penalty against that person. In determining the amount of the civil penalty, the City Administrator or Mayor and CommonCity Council may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any non-compliance, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, attempted or taken by the discharger. (C) Civil penalties may be assessed as follows: (1) In an amount which shall not exceed $3,000 for each day for failing or refusing to timely comply with any compliance order established by the city; (2) In an amount which shall not exceed $5,000 per violation for each day of discharge in violation of any discharge limitation, areawide urban runoff permit condition or requirement issued, reissued or adopted by the city; (3) In an amount which shall not exceed $10 per gallon for discharges in violation of any stop work order, cease and desist order or other orders, or prohibition issued, reissued or adopted by the city; and (4) The amount of any civil penalties imposed under this section which have remained delinquent for a period of 60 days shall constitute a lien against the real property of the discharger from which the discharge originated resulting in the imposition of the civil penalty. (D) The lien provided herein shall have no force and effect until recorded with the County Recorder and when recorded shall have the force and effect and priority of a judgment lien and continue for ten years from the time of recording unless sooner released, and shall be renewable in accordance with the provisions of the Cal. Code of Civil Procedure, §§ 683.110 to 683.220, inclusive. (E) All monies collected under this section shall be deposited in a special account of the city and shall be made available for the monitoring, treatment and control of discharges into the city’s storm drainage system or for other mitigation measures. (F) Unless appealed, an order imposing administrative civil penalties shall become effective and final upon issuance thereof, and payment shall become due within 30 days of issuance of an invoice Packet Page 861 Storm Water Drainage System 219 by the city. Copies of these orders shall be served by personal service or by registered mail upon the party served with the administrative complaint and upon other persons who appeared at the hearing and requested a copy. (G) The city may, at its option, elect to petition the Superior Court to confirm any order establishing civil penalties and enter judgment in conformity therewith in accordance with the provisions of the Cal. Code of Civil Procedure, §§ 1285 to 1287.6, inclusive. § 8.80.606 COMPENSATION FOR DAMAGES. Any person who damages monitoring equipment; has the potential to affect or affects human health or the environment; discharges pollutants into the city’s storm drainage system which causes, or has the potential to cause, increased maintenance of the system, non-routine inspection or sampling of the system, system blockages or other damage or interference in the city’s storm water drainage system, or causes any other damages, including the imposition of fines or penalties on the city by federal, state or local regulatory agencies, shall be liable to the city for all damages and additional costs, including fines and penalties. An administrative fee, which shall be fixed by the City Administrator based on the city’s current overhead cost allocation percentage, shall be added to these charges and shall be payable to the city within 30 calendar days of invoicing. § 8.80.607 APPEALS. Any decision of the City Engineer may be appealed. An appeal must be initiated within ten working days after receipt of the notice of any decision or action by filing, with the City Engineer, a letter of appeal briefly stating therein the basis for such appeal. The hearing on appeal shall be held on a date no more than 15 working days after receipt of the letter of appeal. The appellant shall be given at least five working days notice of the time and place of the hearing. The City Administrator, or the City Administrator’s designee, shall provide the appellant and any other interested party the reasonable opportunity to be heard and in order to show cause why the determination of City Engineer should not be upheld. Within 45 working days of the hearing, the City Administrator, or the City Administrator’s designee, shall make a written decision regarding the appeal. The decision of the City Administrator, or the City Administrator’s designee, shall be final. The imposition of fines or penalties shall be stayed during the appeal period. § 8.80.608 VIOLATIONS DEEMED A PUBLIC NUISANCE. In addition to the penalties established by this chapter, any threat to public health, safety or welfare shall be declared and deemed a public nuisance. Such public nuisance may be summarily abated and/or remedied by the City Engineer, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the City Attorney. The cost of such abatement, remediation and/or restoration shall be borne by the owner, lessee or tenant of the property causing the violation. The cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid. ARTICLE 7. JUDICIAL ENFORCEMENT REMEDIES § 8.80.701 LEGAL ACTION. The City Attorney may commence an action for appropriate legal, equitable or injunctive relief in the Municipal or Superior Court of the county against any person who has violated or continues to violate any provision of this chapter, the basin plan, federal or state discharge standards or permit conditions, or who violates the requirements of any administrative order. In addition to the penalties provided in this chapter, the City Engineer may recover all reasonable attorney fees, court costs, court reporter’s fees, expenses of litigation by appropriate suit of law against the person(s) found to have violated any provision of this chapter or the orders, rules, regulations and permits issued thereunder and other expenses associated with Packet Page 862 San Bernardino - Health and Safety220 enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city. § 8.80.702 CIVIL PENALTIES. (A) Persons who continue to violate any provision of this chapter shall be liable to the city for a maximum civil penalty of $25,000 but not less than $3,000 per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation. (B) In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the discharger’s violation, corrective actions by the discharger, the compliance history of the discharger and any factor as justice requires. (C) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for taking any other action against a discharger. The city may institute further legal action to collect such penalties in the event that the violator of this chapter fails or refuses to pay said penalty within 30 days from the date that it has been assessed. § 8.80.703 CRIMINAL PROSECUTION. Any person who willfully or negligently violates any provision of this chapter or permit conditions, or who violates any administrative order or any other provision of this chapter is guilty of a misdemeanor, which, upon conviction, is punishable by a fine of not less than $3,000 and/or by imprisonment for a period of not more than six months. Each such person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such discharger, and shall be punishable therefor as provided by this section. § 8.80.704 FALSIFYING INFORMATION. Any person who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this chapter, storm water permit or order issued hereunder, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter is guilty of a misdemeanor, which, upon conviction, is punishable by a fine of not less than $3,000 per day of violation and/or by imprisonment for a period of not more than six months. ARTICLE 8. GENERAL CLAUSES § 8.80.801 SEVERABILITY. If any provisions, paragraph, word, section or article of this chapter is invalidated by any court of competent jurisdiction, the remaining provisions, paragraph, words, sections and other chapters shall not be affected and shall continue in full force and effect. § 8.80.802 CITY’S RIGHT OF REVISION. The Mayor and CommonCity Council may establish by ordinance and/or resolution more stringent limitations and requirements related to discharges into the city’s storm water drainage system, if deemed necessary. (Ord. MC-731, passed 6-4-1990; Ord. MC-1167, passed 3-2-2004; Ord. MC-1168, passed 3-8-2004) Packet Page 863 Storm Water Drainage System 221 Packet Page 864 San Bernardino - Health and Safety222 Packet Page 865 CHAPTER 8.81: SECURITY ALARM SYSTEMS Section 8.81.010 Purpose 8.81.020 Definitions 8.81.030 Non-applicability 8.81.040 Alarm business registration 8.81.045 Alarm businesses installation and transfer fees 8.81.050 Alarm agent registration required 8.81.060 Notification of change 8.81.070 Alarm system permit 8.81.080 Audible alarm requirements 8.81.090 Reserved 8.81.100 False alarm 8.81.110 Notice of name of service or occupant 8.81.120 Monitoring services 8.81.130 Alarm agents - registration in possession 8.81.140 Automatic dialing and taped message alarm system 8.81.150 Grounds for revocation of permit - notices, surrender of permit, reinstatement 8.81.160 Enforcement 8.81.170 Fines 8.81.180 Permit not transferable § 8.81.010 PURPOSE. The purpose of this chapter is to provide minimum standards and regulations applicable to alarm systems and to provide for punishment for violations of the provisions of this chapter. (Ord. MC-773, passed 3-12-1991) § 8.81.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ALARM AGENT. Any person who is self-employed or employed either directly or indirectly by an alarm business whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing an alarm system in or on any building, place or premises. ALARM BUSINESS. Any person, firm or corporation conducting or engaged in the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring an alarm system in or on any building, place or premises. A business which only sells or leases alarm devices from a fixed location and does not service, install, monitor or respond to alarm systems at the protected premises or call upon police to do so is not an ALARM BUSINESS for the purposes of this chapter. ALARM SYSTEM. Any device arranged to signal the presence of a hazard requiring urgent attention and to which police are expected to respond. ALARM USER. Any person who has an alarm system installed at his or her place of business or residence. AUDIBLE ALARM. A device designed for the detection of the unauthorized entry on or attempted entry into a premises or structure or for alerting others of the commission of an unlawful act or both, and which, when actuated, generates an audible sound. AUTOMATIC DIALING SYSTEM. Any device which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded message indicating the existence of a hazard requiring urgent attention and to which police are expected to 223 Packet Page 866 San Bernardino - Health and Safety224 respond. COMMON CAUSE. A common technical difficulty or malfunction which causes an alarm system to generate a series of false alarms, all of which occur within a 72-hour period. The series of false alarms shall be counted as one false alarm only if the cause of the series of false alarms is repaired before it generates additional false alarms beyond the 72-hour period, documentation of the repair is provided to the Police Chief and during the 30-day period following the repair, the alarm system generates no additional false alarms from the documented cause. FALSE ALARM. An alarm system signal which necessitates or causes response by police when an emergency does not exist. This does not include alarms caused by acts of nature. INTRUSION ALARM. An alarm system signaling an entry or attempted entry into the area protected by the systems. PANIC ALARM. An alarm system by which the signal transmission is initiated by the direct action of a person. ROBBERY ALARM. An alarm system signaling a robbery or attempted robbery. SUBSCRIBER. Any person who purchases, leases, contracts for or otherwise obtains an alarm system or for the servicing or maintenance of an alarm system. (Ord. MC-125, passed 1-7-1982; Ord. MC-201, passed 8-17-1982; Ord. MC-773, passed 3-12-1991; Ord. MC-1037, passed 12-22-1998) § 8.81.030 NON-APPLICABILITY. The provisions of this chapter are not applicable to audible alarms affixed to automobiles unless the vehicle alarm is connected to a central monitoring system. (Ord. MC-125, passed 1-7-1982; Ord. MC-773, passed 3-12-1991) § 8.81.040 ALARM BUSINESS REGISTRATION. It is unlawful for any person, partnership, corporation or firm to own, manage, conduct or carry on an alarm business within the city without first having registered with the Police Department. Registration is not required for any business which only sells or leases alarm systems from a fixed location unless the business services, installs, monitors or responds to alarm systems at the protected premises. Registration shall be accomplished by furnishing such information as may be required by the Police Department, including, but not limited to, the full name of the business and a copy of its state issued license. The Police Department shall notify the alarm business at the time of such registration that a city business license is required. (Ord. MC-125, passed 1-7-1982; Ord. MC-236, passed 12-21-1982; Ord. MC-773, passed 3-12-1991) § 8.81.045 ALARM BUSINESSES INSTALLATION AND TRANSFER FEES. Alarm businesses shall notify the Police Department of each new alarm system installed, or when assuming monitoring services in the city. (A) Alarm businesses shall pay a one-time fee for each new alarm system, residential or commercial, installed in the city. (B) Alarm businesses shall pay a one-time fee for each alarm monitoring service transfer, residential or commercial, within the city. (C) Fees will be charged at a rate set by resolution of the Mayor and CommonCity Council. (Ord. MC-1166, passed 3-2-2004) § 8.81.050 ALARM AGENT REGISTRATION REQUIRED. It is unlawful for any person, including the owners of an alarm business, to engage directly in the selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing of an alarm Packet Page 867 Security Alarm Systems 225 system in or on any building, place or premises within the city without first having registered his or her name and filed with the Police Chief a copy of the alarm agent registration card issued by the state. Nothing in this section shall require a person to so register in order to install, service, repair, alter, replace or move an alarm system on the premises owned or occupied by that person. Nothing in this section shall require a person to register who is merely a salesperson for any business not required to obtain an alarm business permit under the provisions of § 8.81.040, if the salesperson does not engage in any other activities related to alarm systems apart from selling. No fee shall be charged, nor shall any application form be required by the city. The alarm agent shall be notified at the time of filing his or her state issued identification card with the Police Department that a city business license is required. (Ord. MC-125, passed 1-7-1982; Ord. MC-236, passed 12-21-1982) § 8.81.060 NOTIFICATION OF CHANGE. Any alarm business registered with the Police Department shall immediately report to the Police Chief any change of address or ownership of the business or the name or business address of the manager of operations for the area which includes the city. (Ord. MC-125, passed 1-7-1982; Ord. MC-773, passed 3-12-1991) § 8.81.070 ALARM SYSTEM PERMIT. (A) No person shall install or use an alarm system without first applying for an alarm system permit from the Chief of Police, nor shall a person use an alarm system unless the alarm system permit remains valid and in effect. The application for an alarm system permit shall be submitted on a form as prescribed by the Chief of Police and shall include the address of the premises wherein the system is to be located and the name, address and telephone number of the applicant and the person or business who will render service or repair during any hour of the day or night, and the type or types of systems to be utilized. (B) Separate alarm permits shall be required as follows. (1) A single alarm system permit may be granted to any single-family residence. The permit may authorize intrusion, panic and/or robbery coverage. The permit may include the primary residence and any outbuildings (such as garages, sheds or hobby shops) on the parcel that are not used for commercial purposes. A separate permit must be issued for any buildings on the property that are used for commercial purposes. If the residence and the outbuildings are on separate parcels, separate permits are required for each parcel. (2) A single alarm system permit may be granted to any single unit of any multi-family residential complex (such as an apartment, a condominium or a mobile home). The permit may authorize intrusion, panic and/or robbery coverage. The permit may include the primary residential unit and any outbuildings (such as stand-alone garages, sheds or hobby shops) used exclusively by the applicant that are not used for commercial purposes. A separate permit must be issued for any outbuildings that are used for commercial purposes. If the residence and the outbuildings are on separate parcels, separate permits are required for each parcel. (3) A single alarm system permit may be authorized to any commercial business. The permit may authorize intrusion, panic and/or robbery coverage. The permit may authorize these types of coverage for any structures used by the applicant on the parcel. If a commercial business operates on more than one land parcel, the business must have a separate permit for each parcel of land. (4) If the commercial business is a mall, strip mall or other commercial building complex, a single permit may be used to provide coverage for any vacant units, unless they are on separate parcels. If located on separate parcels, separate permits are required for each parcel. Each commercial unit rented, leased or sold to another commercial business must be covered by a separate permit. (5) Each permit is subject to a registration fee and annual fees. Each permit has its own false Packet Page 868 San Bernardino - Health and Safety226 alarm count. All structures covered under one permit use the same false alarm count. (C) An annual permit fee will be charged at a rate set by resolution of the Mayor and CommonCity Council. (Ord. MC-125, passed 1-7-1982; Ord. MC-201, passed 8-17-1982; Ord. MC-460, passed 5-15-1985; Ord. MC-773, passed 3-12-1991; Ord. MC-1037, passed 12-22-1998) § 8.81.080 AUDIBLE ALARM REQUIREMENTS. (A) No person shall install or maintain any audible alarm or other alarm system which upon actuation emits a sound similar to sirens in use on emergency vehicles or for civil defense purposes. (B) An audible alarm shall contain a means to effect an automatic turnoff of the alarm within 15 minutes after it is first activated. (C) If an audible alarm has emitted an alarm signal in excess of 30 minutes in any one-hour period, and the alarm business or responsible person for the protected premises has been notified and does not respond, or reasonable efforts of notification have been made to no avail, the alarm may be declared a nuisance and the Police Department may cause such alarm to be disconnected by a registered alarm agent, the cost thereof to be charged payable by the alarm user. (Ord. MC-125, passed 1-7-1982; Ord. MC-201, passed 8-17-1982; Ord. MC-773, passed 3-12-1991) § 8.81.090 RESERVED. [Reserved] (Repealed by Ord. MC-1037, passed 12-22-1998) § 8.81.100 FALSE ALARM. The city shall charge false alarm fees at a rate set by resolution of the Mayor and CommonCity Council. Each permit has its own false alarm count. All structures covered under one permit use the same false alarm count. (Ord. MC-125, passed 1-7-1982; Ord. MC-201, passed 8-17-1982; Ord. MC-773, passed 3-12-1991; Ord. MC-1037, passed 12-22-1998) § 8.81.110 NOTICE OF NAME OF SERVICE OR OCCUPANT. (A) Every alarm user shall file with the Police Department a notice containing the names and telephone numbers of the persons to be notified to render repairs or service and secure the premises during any time the alarm is actuated. In addition, such notice may be posted. If posted, such notice shall be placed near the front door of the premises or gate if fenced, and this notice shall be posted in a position that is clearly visible. (B) In the event that the responsible person for the protected premises is requested by the Police Department to respond to the premises to render necessary service, such response and service shall be accomplished promptly. (C) Alarm users shall pay to the city reasonable costs, as determined and assessed by the Police Chief or Fire Chief, or his or her designee, respectively, for expenses incurred in securing premises where a burglar alarm or fire alarm has been activated, whether or not the activation is a false alarm. The assessment shall be satisfied by the alarm user within 15 days after the alarm user has been notified of the assessment and the grounds for the assessment. This section shall apply only to instances where the alarm user has failed to reasonably respond to notification that an alarm has been activated on premises owned, occupied or controlled by the alarm user. If the expenses set forth in the assessment are not paid within 15 days, the alarm user may be placed on a no response status. The alarm user will be notified by first class mail of the no response status at the address on the alarm permit. An additional amount of 10% of the amount of the expenses per month, not to exceed 100%, shall be added to the expenses until paid. This assessment in this division (C) shall be instituted to cover escalating costs incurred to pursue delinquent assessments requiring extended enforcement action. Packet Page 869 Security Alarm Systems 227 (D) Where the Police Chief or Fire Chief, or his or her designee, respectively, is required to cause the assessment of costs pursuant to the provisions of this section, he or she shall keep an accounting of the costs thereof, including administrative expenses for the abatement. The term ADMINISTRATIVE EXPENSES includes, but is not limited to, the actual expenses and costs of the city in the preparation of notices, specifications and contracts, inspection of the work, office overhead, filing fees and the costs of printing and mailings required under this chapter. Upon conclusion of the assessment, he or she shall submit his or her itemized statement of costs in a report to the hearing officer and set the same for a hearing before the hearing officer. Notice of the time and place of the hearing and a copy of the report shall be given by the respective department to the alarm permit holder to which the assessments relate, and to any other interested person requesting the same, by first class mail, postage prepaid, addressed to the person at his or her last known address at least five days in advance of the hearing. The hearing shall be heard before the hearing officer in the Council Chambers at City Hall, 300 North “D” Street, San Bernardino, California, at such date and time as provided by resolution. (E) At the time set for hearing, the hearing officer shall hear and consider all objections or protest to the assessment and may continue the hearing from time to time. Upon the conclusion of the hearing, the hearing officer shall allow or overrule any or all objections. The decision of the hearing officer is final. (Ord. MC-125, passed 1-7-1982; Ord. MC-201, passed 8-17-1982; Ord. MC-773, passed 3-12-1991; Ord. MC-1037, passed 12-22-1998) § 8.81.120 MONITORING SERVICES. Every alarm business which monitors an alarm system located within the city shall maintain on file a current listing of all such alarm systems, including the alarm permit number and the name, address and telephone number of the individual or individuals from whom entry to the premises may be obtained. Said information shall be available to the Police Department upon request of any authorized representative thereof. The alarm permit number assigned to an alarm system by the Police Department shall be given to the police/fire dispatcher at the time an alarm is reported to the police/fire communications center by an alarm company, a central monitoring station, a telephone answering service or any other business that monitors and reports alarms. (Ord. MC-125, passed 1-7-1982; Ord. MC-773, passed 3-12-1991; Ord. MC-1037, passed 12-22-1998) § 8.81.130 ALARM AGENTS - REGISTRATION IN POSSESSION. Every person engaged in installing, repairing, servicing, altering, replacing, moving or removing an alarm system or an audible alarm system, as defined in this chapter, on any premises within the city, other than those owned or occupied by said person, shall carry on his or her person, at all times, while so engaged a valid state alarm agent registration card and shall display such card to any police officer upon request. (Ord. MC-125, passed 1-7-1982) § 8.81.140 AUTOMATIC DIALING AND TAPED MESSAGE ALARM SYSTEM. It is unlawful for any person to install, use or cause to be used any telephonic device which is activated to automatically select a public telephone line of the city to reproduce a prerecorded message to report anything requiring urgent attention and to which police are expected to respond. (Ord. MC-125, passed 1-7-1982; Ord. MC-460, passed 5-15-1985; Ord. MC-773, passed 3-12-1991) § 8.81.150 GROUNDS FOR REVOCATION OF PERMIT - NOTICES, SURRENDER OF PERMIT, REINSTATEMENT. (A) The following shall constitute grounds for revocation of permit: (1) The failure to observe any of the regulations or other provisions of this chapter; Packet Page 870 San Bernardino - Health and Safety228 (2) If the alarm system for which the permit is issued emits ten or more false alarms within any consecutive 365-day period; (3) If the responsible person for a protected premises refuses to respond promptly when requested by the Police Department; (4) The permittee, his or her employee or agent has knowingly made a false, misleading or fraudulent statement of a material fact in the application for a permit, or in any report or record required to be filed as prescribed by the provisions of this chapter; and (5) If the fees established by this section are not paid within 15 days from the date of the invoice rendered for such fee. (B) The Police Chief shall serve the permittee with a written order of revocation. The order shall state the reason for revocation and shall be effective immediately if personally served, or 48 hours after it is deposited, certified mail, return receipt requested, with postage prepaid in the United States mail. (C) The permittee shall surrender the permit to the Police Chief upon notification of revocation. Any alarm system shall be forthwith disconnected and cease operating, and shall not be put into operation until a new permit is issued. (D) Reinstatement of revoked permit may be granted after compliance with one of the following. (1) Full correction of the deficiencies in the alarm system, that correction documented in writing and submitted to the Chief of Police showing that: (a) Mechanical malfunctions have been corrected, proof being from the alarm business; (b) User errors have been corrected, proof being from the alarm user; or (c) Installation of a new alarm by a different alarm business, proof being from the new alarm business. (2) In the case where the correction is made as set forth in divisions (D)(1)(a) or (D)(1)(b) above, the Chief of Police will order a technical inspection by a qualified person to determine whether the deficiencies have been corrected, in which event a $100 inspection fee shall be paid prior to the grant of a new permit at that location. (3) A formal appeal of the order of revocation may be made within 15 days of the date of revocation by filing a notice of appeal with the office of the City Administrator, City Hall, 300 No. “D” Street, sixth floor, San Bernardino, California, 92401. The City Administrator shall render a decision on the appeal within ten days following receipt of the appeal, with notice to the appellant and Police Chief. The City Administrator’s decision on the revocation shall be final and non-appealable. (E) Upon reinstatement, a new alarm system permit shall be issued as set forth in § 8.81.070. (Ord. MC-125, passed 1-7-1982; Ord. MC-201, passed 8-17-1982; Ord. MC-773, passed 3-12-1991) § 8.81.160 ENFORCEMENT. (A) Any person, firm or corporation violating any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. Revocation of a permit is not a defense against prosecution. (B) The Police Chief shall have the authority to institute an immediate no response policy for violation of any portion of the ordinance incorporated in this chapter. Such no response policy will be taken only Packet Page 871 Security Alarm Systems 229 after written notice has been given to the alarm user. (Ord. MC-125, passed 1-7-1982; Ord. MC-201, passed 8-17-1982; Ord. MC-773, passed 3-12-1991) § 8.81.170 FINES. The fines assessed in this chapter shall be made payable to the city. The Department of Finance and Management Services shall be responsible for account maintenance and collection. (Ord. MC-773, passed 3-12-1991; Ord. MC-1625, passed 2-21-2024) § 8.81.180 PERMIT NOT TRANSFERABLE. No alarm permit issued under the provisions of this chapter shall be assignable or transferable. (Ord. MC-773, passed 3-12-1991) Packet Page 872 San Bernardino - Health and Safety230 Packet Page 873 CHAPTER 8.82: ESTABLISHMENT OF EXTRAORDINARY LAW ENFORCEMENT SERVICES Section 8.82.010 Purpose 8.82.020 Definitions 8.82.030 Reimbursement of costs for scheduled events 8.82.040 Extraordinary fees 8.82.050 Unscheduled events 8.82.060 Appeal § 8.82.010 PURPOSE. (A) It is the intent of the City Council, by the adoption of this chapter, to impose on and collect from the person(s) in charge of or responsible for an event that generates extraordinary cost to the city over and above the cost of providing normal law enforcement services and police protection citywide. The event for which charges are imposed are those voluntarily elected by the person(s) responsible for the services, or his or her parent, guardian or the person having custody of a minor. The purpose of this chapter is to recover the actual cost to the city incurred by providing these police services. The City Council believes it is necessary that persons voluntarily incurring special and extraordinary police services pay to the city the reasonable cost of providing such services. (B) This chapter is not intended to apply, and shall not apply, to events of a political or religious nature, or any event involving speech protected by the First Amendment of the U.S. Constitution or by the California Constitution. (Ord. MC-772, passed 3-12-1991; Ord. MC-1248, passed 6-18-2007) § 8.82.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. EVENT. A gathering of two or more persons on a premises within the city at the invitation, request or consent of the person in charge or control of the premises. EXTRAORDINARY LAW ENFORCEMENT SERVICES. Those necessarily and reasonably incurred by the city in the protection of the public health, safety and welfare and in the protection of property which said services are in addition to police services the city would normally provide without a special charge and which have arisen because of activities or events. NUISANCE. Includes both public and private NUISANCES defined in the California Civil Code. PERSON IN CHARGE. The owner, manager or occupant in charge of or in control of the premises at which an event is occurring. If the PERSON IN CHARGE is a minor, his or her parents or legal guardian is presumed to be the PERSON IN CHARGE. PREMISES. A building and surroundings or any open area within the city. SCHEDULED EVENT. An event where the person scheduling the same has determined that because of its nature, extraordinary police services will be necessary over and above that normally provided by the city for the protection of the public health safety and welfare. An event is SCHEDULED when written notice thereof setting forth the time, place and nature of the event has been filed with the Chief of Police. 231 Packet Page 874 San Bernardino - Health and Safety232 UNSCHEDULED EVENT. One requiring extraordinary police services over and above those normally provided for the protection of the public health, safety and welfare and which has occurred without advance notice to the city. UNSCHEDULED EVENTS include, but are not limited to, loud and boisterous conduct, noises and activities; disturbing the peace; a congregation of two or more persons in intoxicated conditions or under the influence of drugs or alcohol; fighting; use of obscene or inflammatory language; loud music constituting a nuisance or disturbing the peace; activities causing excessive pedestrian or vehicular traffic and parking problems and congestion; vehicular racing and cruising; events occurring after 11:00 p.m. to 6:00 a.m. of the following day; use and display of narcotics, illegal drugs and controlled substances and paraphernalia for its use; the congregation of two or more persons using illegal drugs, narcotics or controlled substances; or congregating in a noisy or rowdy crowd, indecent exposure and lewd conduct. (Ord. MC-772, passed 3-12-1991) § 8.82.030 REIMBURSEMENT OF COSTS FOR SCHEDULED EVENTS. (A) Any person planning a scheduled event where extraordinary law enforcement services may be required shall register the event in advance with the Chief of Police at least five working days before the occurrence of the event. (B) The registration shall be in writing and shall include the following information: (1) The name, address and phone number of the person in charge and who will be available at all times during the event; (2) The place and time the event will occur; and (3) The nature of the event and the number of requested police officers or other law enforcement services. (Ord. MC-772, passed 3-12-1991) § 8.82.040 EXTRAORDINARY FEES. (A) The Chief of Police shall review the registration and set forth the conditions necessary for providing police protection during said event. If the Chief of Police determines that the police services necessary are extraordinary, he or she, or his or her designate, shall determine the cost of said extraordinary services and advise the person planning the event prior to the commencement of said event of the nature and extent of law enforcement services to be provided and the cost thereof. (B) Upon receipt of said written notification, the person in charge of said event may: (1) Accept said charges and pay the same in advance of the event. In such an event, said person shall not be charged for any extraordinary law enforcement services in excess of the amount paid even though the actual cost of said services exceed the amount paid; (2) Decide to schedule the event but contest the cost of providing the extraordinary services. In that event, the actual cost of providing law enforcement services to the extraordinary event shall be determined upon its completion and a bill sent to the person in charge; (3) Elect to provide private security for the event in the manner directed by the Chief of Police to include the number of security officers and qualifications/capabilities of the security officers; and (4) Elect not to schedule the event and notify the Chief of Police or appropriate area commander in person or by mail, no later than 24 hours prior to the scheduled event. (Ord. MC-772, passed 3-12-1991) § 8.82.050 UNSCHEDULED EVENTS. (A) Except as provided herein below, if an unscheduled event occurs and a law enforcement officer investigating the matter determines that the same is a threat to the public peace, health, safety or general welfare or constitutes a nuisance, said officer Packet Page 875 Establishment of Extraordinary Law Enforcement Services 233 may, in addition to any other duty or responsibility imposed upon him or her by law, give written warning notice to the person in charge of the premises that if a second response is necessary because of a continuation of any objectionable activity that the person in charge will be held liable to the city for the cost of all subsequent law enforcement services necessary to abate the disturbance or other activity giving rise to law enforcement services over and above the normal services expended in connection with the first call. (B) If an unscheduled event occurs and a law enforcement officer investigating the matter determines that the same is a threat to the public peace, health, safety or general welfare or constitutes a nuisance of an immediate nature such that a written warning is not feasible, a written warning shall not be required and the person in charge will be held liable to the city for the cost of all law enforcement services necessary to abate the disturbance or other activity giving rise to law enforcement services over and above the normal services expended in connection with the call. (C) (1) The personnel and equipment of the law enforcement agency utilized after the first warning, if provided, to control or abate the nuisance or to protect the public peace, health, safety or general welfare shall be deemed to be extraordinary law enforcement services over and above the normal services provided citywide and the cost of said extraordinary law enforcement services, including damage to city or law enforcement property, shall be billed to and is the legal responsibility of the person in charge. In the event a written warning is not feasible, then personnel and equipment of the law enforcement agency called in, including, but not limited to, mutual aid agencies, to control or abate the nuisance or to protect the public peace, health, safety or general welfare shall be deemed to be extraordinary law enforcement services over and above the normal services provided citywide and the cost of said extraordinary law enforcement services, including damage to city or law enforcement property, shall be billed to and is the legal responsibility of the person in charge. (2) In the event that any provision of this chapter, or any part thereof, or any application thereof to any person or circumstances, is for any reason held to be unconstitutional or otherwise invalid or ineffective by a court of competent jurisdiction on its face or as applied, such holding shall not affect the validity of the remaining provisions of this chapter, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is declared to be the legislative intent of the city that this chapter would have been adopted had such unconstitutional, invalid or ineffective provision not been included herein. (Ord. MC-772, passed 3-12-1991; Ord. MC-1223, passed 4-18-2006) § 8.82.060 APPEAL. Any individual aggrieved by the decision of the Chief of Police may, within five working days of the receipt of said written bill, request a review of the matter before the City Administrator who shall, along with a representative of the law enforcement agency, review the necessity of the services and the cost thereof with the individual appealing the determination of said costs. The City Administrator may, in his or her discretion, determine that the cost of said charges in all fairness and the administration of justice should be reduced or terminated based upon reasonable evidence warranting the same. Any individual aggrieved by the decision of the City Administrator may appeal that decision in writing to the City Council by written notice filed with the City Clerk within five working days of the decision of the City Administrator. Unless appealed, the decision of the City Administrator is final. In the event of non-payment, the City Attorney is authorized and directed to bring all necessary legal actions to collect the costs of said services. (Ord. MC-772, passed 3-12-1991) Packet Page 876 San Bernardino - Health and Safety234 Packet Page 877 CHAPTER 8.83: SOCIAL HOST ACCOUNTABILITY Section 8.83.010 Definitions 8.83.020 Consumption unlawful 8.83.030 Hosting, permitting or allowing a gathering where minors consuming alcoholic beverages, marijuana and other controlled substances prohibited 8.83.040 Chapter shall not apply 8.83.050 Violation - penalty 8.83.060 Severability § 8.83.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ALCOHOL. Any ethyl alcohol, hydrated oxide of ethyl or spirits of wine, from whatever source or by whatever process produced. ALCOHOLIC BEVERAGE. Includes alcohols, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains 0.5% or more of alcohol by volume and which is fit for beverage purposes wither alone or when diluted, mixed or combined with other substances. CONTROLLED SUBSTANCES. A drug or substance whose possession and use are regulated under the Controlled Substance Abuse Act, being Cal. Health and Safety Code, Division 10, commencing with § 11000. Such term does not include any drug or substance for which the individual found to have consumed such a substance has a valid prescription by a licensed medical practitioner authorized to issue such a prescription. EXTRAORDINARY LAW ENFORCEMENT FEE. The actual cost associated with response by law enforcement, fire and other emergency response provider to a gathering, including, but not limited to: (1) Actual salaries and benefits of law enforcement, fire or other emergency response personnel for the amount of time spent responding to, remaining at or otherwise dealing with a gathering, and the administrative costs attributable to such response; (2) The actual cost of any medical treatment for any law enforcement, fire or other emergency response personnel injured responding to, remaining at or leaving the scene of the gathering; (3) The actual cost of repairing any city equipment or property damaged, and the actual costs of the use of any such equipment, in responding to, remaining at or leaving the scene of a gathering; and (4) Any other allowable and reasonable costs related to the enforcement of this chapter. EXTRAORDINARY LAW ENFORCEMENT SERVICES. The assignment of police officers and services during a second or subsequent call to a gathering after the distribution of a written notice that the gathering violates the law, or a first response if it is determined pursuant to Chapter 8.82 that notice is infeasible. 235 Packet Page 878 San Bernardino - Health and Safety236 GATHERING. A party, gathering or event where a group of three or more persons have assembled or are assembling for a social occasion or social activity. GUARDIAN. (1) A person who, under court order, is the guardian of a minor; or (2) A public or private agency with whom a minor has been placed by the court. MINOR. Any person under the age of 21 years of age. PARENT. A person who is the natural parent, adopted parent or step-parent of a minor. PERSON RESPONSIBLE. The person that knows or should reasonably know that the subject premises are being used to host, allow or permit a gathering. Such person(s) shall rebuttably be presumed to be, in order of priority: (1) The owner(s) of the premises where the gathering takes place; (2) The tenant(s) of the premises where the gathering takes place; (3) The person(s) who hosted, permitted or allowed the gathering; and/or (4) In the event that the person responsible is a minor, then the parent(s) or guardian(s) of that minor. PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. (Ord. MC-1361, passed 8-2-2011) § 8.83.020 CONSUMPTION UNLAWFUL. Except as permitted by state law, it is unlawful for any minor to: (A) Consume, at any public place or any places open to the public, any alcoholic beverage, marijuana or controlled substance; or (B) Consume, at any place not open to the public, any alcoholic beverage, unless in connection with the consumption of an alcoholic beverage that minor is being supervised by his or her parent or legal guardian. (Ord. MC-1361, passed 8-2-2011) § 8.83.030 HOSTING, PERMITTING OR ALLOWING A GATHERING WHERE MINORS CONSUMING ALCOHOLIC BEVERAGES, MARIJUANA AND OTHER CONTROLLED SUBSTANCES PROHIBITED. (A) Except as permitted by state law, it is unlawful for any person, having control of any premises, who knows, or should reasonably know, that he or she has hosted, permitted or allowed a gathering to take place at said premises, where at least one minor consumes an alcoholic beverage, marijuana or other controlled substance whenever the person having control of the premises wither knows or reasonably should have known when a minor has consumed an alcoholic beverage, marijuana or other controlled substance to allow said consumption to occur. (B) (1) It is the duty of any person having control of any premises, who knows, or should know, that he or she has hosted, permitted or allowed a gathering at said premises, to take all reasonable steps to prevent the consumption of alcoholic beverages, marijuana or other controlled substance by any minor at the gathering. Packet Page 879 Social Host Accountability 237 (2) Reasonable steps include, but are not limited to, the following: (a) Controlling access to alcoholic beverages, marijuana and other controlled substances at the gathering; (b) Controlling the quantity of alcoholic beverages, marijuana and other controlled substances at the gathering; (c) Verifying the age of persons attending the gathering by inspecting drivers licenses or other government issued identification cards to ensure minors do not consume alcoholic beverages, marijuana or other controlled substances while at the gathering; and (d) Supervising the activities of minors at the gathering. (C) Whenever a person having control of a premises is present at the premises at the time that a minor possesses or consumes any alcoholic beverages, marijuana or other controlled substance therein, it shall be prima facie evidence that such person had or should have had the knowledge specified in division (A) above. (D) A person who hosts, permits or allows a gathering shall be deemed to have actual or constructive knowledge that a minor has consumed or possessed alcoholic beverages, marijuana or other controlled substances if the person has not taken all reasonable steps to prevent the consumption or possession of alcoholic beverages, marijuana or other controlled substances by minors as set out in division (B) above. (E) A person who hosts, permits or allows a gathering may be liable for extraordinary law enforcement fee if extraordinary law enforcement services are necessary to handle the gathering. (F) A person who hosts, permits or allows a gathering shall not be in violation of this chapter if he or she seeks immediate assistance from the San BernardinoCity Police Department or other law enforcement agency to remove any person who refuses to abide by the hosts’ performance of the duties imposed by this chapter or terminate the gathering because the host has been unable to prevent minors from consuming or possession alcoholic beverages, marijuana or other controlled substance despite taking all reasonable steps to do so, as long as such request is made before any other person makes a complaint about the gathering. (Ord. MC-1361, passed 8-2-2011) § 8.83.040 CHAPTER SHALL NOT APPLY. (A) This chapter shall not apply to any location or place regulated by the State Department of Alcohol and Beverage Control. (B) Violation of this chapter may be enforced or punished in any manner prescribed by law, or through any other process or procedure followed by this code or any other applicable law. (Ord. MC-1361, passed 8-2-2011) § 8.83.050 VIOLATION - PENALTY. (A) Any person violating any provision of this chapter is guilty of a misdemeanor which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (B) Except as permitted by state law, it is unlawful for any person having control of any premises who knows or should reasonably know that he or she has hosted, permitted or allowed a gathering to take place at said premises, where at least one minor consumes an alcoholic beverage, marijuana or other controlled substance whenever the person having Packet Page 880 San Bernardino - Health and Safety238 control of the premises wither knows, or reasonably should have known, when a minor has consumed an alcoholic beverage, marijuana or other controlled substance to allow said consumption to occur. (Ord. MC-1361, passed 8-2-2011) § 8.83.060 SEVERABILITY. The provisions of this chapter are severable, and if any sentence, section or other part of this chapter should be found invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect. (Ord. MC-1361, passed 8-2-2011) Packet Page 881 CHAPTER 8.84: CASTOR BEAN PLANTS Section 8.84.010 Destruction and removal - notice to owner 8.84.020 Failure to remove an infraction § 8.84.010 DESTRUCTION AND REMOVAL - NOTICE TO OWNER. Whenever it comes to the attention of the health officer, or other designated officer, that a castor bean (Ricinus communis) plant is growing upon any lot or premises in the city in such a manner as to cause a nuisance or menace to health, he or she shall order such castor bean (Ricinus communis) plant destroyed and removed. Notice of the order shall be in writing addressed to the owner or occupant thereof and shall set forth the time within which the destruction and removal shall be completed. (Ord. 2417, passed 2-14-1962; Ord. 821, passed 8-9-2021) § 8.84.020 FAILURE TO REMOVE AN INFRACTION. It is unlawful for any person to knowingly fail, refuse or neglect to destroy and remove such castor bean (Ricinus communis) plant when so ordered by the health officer in the manner specified in § 8.84.010. Such failure, refusal or neglect constitutes an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 2417, passed 2-14-1962; Ord. MC-460, passed 5-15-1985; Ord. 821, passed 8-9-2021) 239 Packet Page 882 San Bernardino - Health and Safety240 Packet Page 883 CHAPTER 8.87: RAILROAD COMPANIES Section 8.87.010 Maintenance of tracks - responsibility 8.87.020 Compliance with section 8.87.010 - violation and penalty 8.87.030 Unlawful to blow whistle or horn except as danger signal 8.87.040 Smoke emission standards 8.87.050 Reserved 8.87.060 Violation of sections 8.87.030 through 8.87.060 - penalty § 8.87.010 MAINTENANCE OF TRACKS - RESPONSIBILITY. It shall be the duty of any person or company owning, operating or having any railroad or street car line within the corporate limits of the city to so keep and maintain the tracks of all such roads so that the rails thereon shall be even and flush with the surface of the pavement or street on each side of and between the rails, so that the same shall present the least possible obstruction to the face use and enjoyment of such streets by the public. (Ord. 106, passed 1-26-1892) § 8.87.020 COMPLIANCE WITH SECTION 8.87.010 - VIOLATION AND PENALTY. It is the duty of the City Director of Public Services to see that the provisions of § 8.87.010 are complied with, and he or she shall notify all persons or companies who own, operate or have any such railroads or street car lines within the corporate limits of the city, and where tracks or rails are not kept even and flush with the surface of the pavement or street along the line of such tracks, to place the same in such condition within 30 days from such notice and every person who suffers or maintains any track or road bed, had or used for the purpose of operating such roads, or suffers or permits any rails, ties, track or road bed, whether used or not, to be and remain above or below the surface of any such pavement or street, so as to prevent the full use and enjoyment thereof, after said time, is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 106, passed 1-26-1892; Ord. MC-344, passed 2-22-1984; Ord. MC-460, passed 5-15-1985) § 8.87.030 UNLAWFUL TO BLOW WHISTLE OR HORN EXCEPT AS DANGER SIGNAL. It is unlawful for any person to blow, or cause to be blown, any whistle or horn on any locomotive or engine used on any railroad track within the city except as a danger signal to avoid an impending accident. (Ord. 1785, passed 4-8-1947) § 8.87.040 SMOKE EMISSION STANDARDS. It is unlawful for any person or company to operate a locomotive or engine within the city limits in such a manner that the smoke emitted from such engine or locomotive exceeds or is greater in density than number one, as fixed and determined by Ringlemann’s Scale for Grading Density of Smoke. (Ord. 1785, passed 4-8-1947) § 8.87.050 RESERVED. [Reserved] (Repealed by Ord. MC-402, passed 8-21-1984) 241 Packet Page 884 San Bernardino - Health and Safety242 § 8.87.060 VIOLATION OF SECTIONS 8.87.030 THROUGH 8.87.060 - PENALTY. Any person, firm or corporation violating any provision of §§ 8.87.030 through 8.87.040 is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 1785, passed 4-8-1947; Ord. MC-460, passed 5-15-1985) Packet Page 885 CHAPTER 8.90: MOBILE HOME RENTS Section 8.90.010 Title 8.90.020 Statement of purpose 8.90.030 Application 8.90.040 Definitions 8.90.050 Exemptions from coverage 8.90.060 Registration 8.90.080 Space rent ceiling or maximum allowable space 8.90.090 Space rent ceiling adjustment - initial adjustment 8.90.100 Space rent ceiling adjustment - annual adjustment 8.90.105 Required certification on rental adjustment notice 8.90.110 Powers and duties of the City Manager 8.90.120 Petition by tenant 8.90.130 Petition by landlord 8.90.140 Conduct of proceedings 8.90.150 Priorities 8.90.160 Rent adjustment regulations 8.90.170 Net operating income 8.90.180 Gross income 8.90.190 Allowable operating expenses 8.90.200 Operating expenses not allowable 8.90.210 Presumption of fair base year net operating income 8.90.220 Rebutting the presumption 8.90.230 Determination of base year net operating income 8.90.240 Determination of current year net operating income 8.90.250 Schedule of increases in operating expenses 8.90.260 Allowable rent adjustments 8.90.270 Discretionary considerations 8.90.280 Limit on increases pending hearing or litigation 8.90.290 Rent adjustments for reduction in services 8.90.300 Quantum of proof and burden of proof 8.90.310 Hearing officer decision final 8.90.320 Judicial review 8.90.330 Termination of tenancy 8.90.340 Remedies for violation 8.90.350 Periodic review of chapter 8.90.360 Chapter to be liberally construed 8.90.370 Reserved 8.90.380 Reserved 8.90.390 Reserved 8.90.400 Reserved 8.90.410 Reserved 8.90.420 Reserved 8.90.430 Reserved § 8.90.010 TITLE. This chapter may be cited as the “Mobile Home Park Rent Stabilization Ordinance” of the city. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.020 STATEMENT OF PURPOSE. (A) (1) Mobile home owners have a substantial investment in their residences and appurtenances for which space is rented or leased. Alternate sites for relocation of mobile homes are difficult to find due to the shortage of vacant spaces; the restrictions of age, size or style of mobile homes permitted in many parks; and related to the installation of mobile homes, including permits, landscaping and site preparation. Additionally, the cost of moving a mobile home is substantial, and the risk of damage in moving is significant. (2) The result of these conditions is the 243 Packet Page 886 San Bernardino - Health and Safety244 creation of a captive market of mobile home owners and tenants. This immobility, in turn, contributes to the creation of a great imbalance in the bargaining relationship between park owners and mobile home park tenants in favor of the park owners. (B) Because mobile homes are often occupied by senior citizens, persons on fixed income and persons of low- or moderate-income, exorbitant rent adjustments fall upon these individuals with particular harshness. The continuing possibility of unreasonable space rental adjustments in mobile home parks threatens to diminish the value of the investment of the mobile home owners. Further, existing state law permits mobile home park owners to require mobile home owners to make modifications to their homes for reasons of aesthetics or conformity to park standards that amount to capital improvements which would accrue to the benefit of the park owner by potentially increasing the market value of the park itself. (C) This Council finds and declares it necessary to facilitate and encourage fair bargaining between mobile home owners and park owners in order to achieve mutually satisfactory agreements regarding space rental rates in mobile home parks. Absent such agreements, this Council further finds and declares it necessary to protect the owners and residents of mobile homes from unreasonable space rental adjustments while simultaneously recognizing and providing for the need of park owners to receive a just and reasonable return on their property. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.030 APPLICATION. The provisions of this chapter shall apply to all mobile home residential rental spaces located within the city except if otherwise exempt from the provisions of this title, as such exemptions are provided for hereinafter. Nothing in this chapter shall be deemed to supersede any provision of Cal. Civil Code, §§ 798 et seq. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.040 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CITY MANAGER. The City Manager, or his or her designee. CONSUMER PRICE INDEX or C.P.I. The Index known as the “Consumer Price Index for all Urban Wage Consumers: for the Los Angeles - Long Beach - Anaheim Area,” (base year, 1967), and if published, “for the San Bernardino - Riverside - Ontario Area” for the year 1984, and thereafter. These documents are published by the United States Department of Labor Bureau of Labor Statistics. HEARING OFFICER. An individual appointed by the Mayor and City Council to hear matters on which testimony may be taken. LANDLORD. Any owner, lessor, operator or manager of a mobile home park. MOBILE HOME. A structure designed for human habitation and for being moved on a street or highway under permit pursuant to the Cal. Vehicle Code, § 35790. MOBILE HOME does not include recreational vehicle, as defined in the Cal. Civil Code, § 799.29, or a commercial modular, as defined in the Cal. Health and Safety Code, § 18218. MOBILE HOME OWNER or RESIDENT. Any person entitled to occupy a mobile home dwelling space pursuant to ownership thereof or a rental or lease agreement with the owner thereof. MOBILE HOME PARK OWNER or PARK OWNER. The owner, lessor, operator, manager or designated agent thereof of a mobile home park; sometimes referred to as OWNER. MOBILE HOME SPACE or SPACE. The site within a mobile home park intended, designed or used for the location or accommodation of a mobile home and any accessory structures or appurtenances attached thereto or used in conjunction therewith. Packet Page 887 Mobile Home Rents 245 RENT. The consideration, including any bonus, benefit or gratuity, demanded or received by a landlord for the use and occupancy, including services and amenities, of a residential rental space. RENT ADJUSTMENTS. Any rent increase or decrease demanded of or paid by a tenant, including any reduction in housing services without a corresponding reduction in the monies demanded or paid for rent. RENTAL AGREEMENT. An agreement between a mobile home park owner and tenant establishing the terms and conditions of a tenancy in a mobile home park. A lease is a RENTAL AGREEMENT. RESIDENTIAL RENTAL SPACE. Any mobile home space occupied by any person other than the owner of the park for payment of rent pursuant to an oral or written lease, or other form of rental agreement. SPACE RENT. (1) Means the consideration, including any bonuses, benefits or gratuities demanded or received for and in connection with the use or occupancy of a mobile home space within a mobile home park, or for housing services provided and security deposits, but exclusive of any amounts paid for the use of the mobile home as a dwelling unit. The use or occupancy of a mobile home space shall include the exercise of all rights and privileges and the use of facilities, services and amenities accruing to the residents thereof. (2)SPACE RENT shall not include any separately billed utility fees and charges for natural gas or liquid propane gas, electricity, water, cable television, garbage or refuse service and sewer service. TENANCY. The right of a tenant to the use of a mobile home site within a mobile home park on which to locate, maintain and occupy a mobile home, site improvements and accessory structures; for human habitation, including the use of the services and facilities of the mobile home park. TENANT. Any person entitled to or proposing to occupy such mobile home space pursuant to an oral or written lease with the owner thereof, or pursuant to some other rental agreement with the owner, lessor, operator or manager thereof. VACANCY. The condition deemed to have occurred upon the removal of any mobile home from a mobile home park. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.050 EXEMPTIONS FROM COVERAGE. The provisions of this chapter shall not apply to the following. (A)New space or first time space exemption. Space rent or space rent adjustments for new mobile home spaces first rented after the effective date of this chapter shall be exempt from the provisions of the chapter to the extent that those rents would have been controlled had the spaces been previously occupied. There shall be no prospective exemption in such circumstances, however, as to rents that may be adjusted annually under this chapter after a space is first rented. In such cases, the base date for purposes of determining permissible future rent adjustments shall be the date of first rental or conveyance. (B)Vacancies. (1) If the mobile home space is voluntarily vacated by the tenant, or vacated pursuant to Cal. Civil Code, § 798.56, the landlord may adjust the rental rate to any amount as provided in division (A) above. (2) If the mobile home is sold and is to remain on-site, the landlord may increase the rental rate for the new resident by an amount not to exceed 10% of the then existing rent. Any rent increase pursuant to this division (B)(2) shall be implemented at the time the new resident first occupies the space and/or first enters into a rental agreement with the landlord. (3) The implementation of any rent increase Packet Page 888 San Bernardino - Health and Safety246 allowed under this division (B) shall not change the anniversary date for the annual permissive inflationary adjustment to rent allowed under § 8.90.100(A). (4) A vacancy is voluntary if the tenant voluntarily and without coercion by the landlord vacates the rental space or if the tenant dies and there is no surviving cohabitant. (5) Where the rent is increased pursuant to this division (B), the landlord shall, at the time the rent increase is implemented, provide the new tenant with written notice of the previous base rent for the space, the new base rent for the space in both dollar and percentage terms and the anniversary date for the space for purposes of the annual permissive inflationary adjustment to rent allowed under § 8.90.100(A). (6) The rent increases allowed under this division (B) shall be in addition to any other rent increases authorized by this chapter, including, but not limited to, the annual permissive inflationary adjustment to rent allowed under § 8.90.100(A). (7) Notwithstanding anything herein to the contrary, nothing in this chapter shall preclude any landlord from implementing any rent increases that are exempt under the provisions of the California Mobile HomeMobilehome Residency Law, including any rent increases that are exempt under Cal. Civil Code, §§ 798.17, 798.41 and/or 798.49. (Ord. MC-1432, passed 11-23-2016; Ord. MC-1481, passed 4-14-2018) Statutory reference: Mobilehome Residency Law Protection Act, see Cal. Health and Safety Code, §§ 18800 through 18806 § 8.90.060 REGISTRATION. (A) Within 60 calendar days after the effective date of this chapter, mobile home park owners are required to register all mobile home parks and mobile home rental spaces within such parks with the City Manager. (B) The initial registration shall include: the name(s), business address(es), business telephone number(s) of each person or legal entity possessing an ownership interest in the park and the nature of such interest; the number of mobile home rental spaces within the park; a rent schedule reflecting space rents within the park on the effective date of this chapter; a listing of all other charges, including utilities not included in space rent, paid by mobile home residents within the park and the approximate amount of each such charge; and the name and address to which all required notices and correspondence may be sent. (C) The City Manager is empowered to establish procedures for requiring such re-registration as he or she deems necessary. (D) No park owner shall be eligible to receive any rent ceiling adjustment as provided for under the provisions of this chapter unless such current registration as may then be required for the mobile home park is on file with the City Manager at the time the petition for the rent ceiling adjustment is filed. (E) The registration and re-registration requirement provided for in this section, or which may be hereafter established by the City Manager, shall apply to all mobile home parks including those exempt from the space rent ceiling limitation by reason of the existence of a valid space rent agreement. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.080 SPACE RENT CEILING OR MAXIMUM ALLOWABLE SPACE. (A) Beginning the first month which commences following the day after the effective date of this chapter when originally adopted on March 24, 1993, no mobile home park owner shall charge space rent for any mobile home space in an amount greater than the space rent in effect on December 31, 1988. The space rent in effect on that date shall be known as the “space rent ceiling.” (B) If there was no space rent in effect on December 31, 1988, the space rent ceiling shall be the space rent that was charged on the first date that space rent was charged after December 31, 1988. Packet Page 889 Mobile Home Rents 247 (C) If a mobile home park is exempted from the application of this chapter by reason of the existence of a space rent agreement and this agreement expires, the space rent ceiling for that park shall be the space rent in effect on the date the agreement expires. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.090 SPACE RENT CEILING ADJUSTMENT - INITIAL ADJUSTMENT. (A) No adjustment in space rent ceilings shall be permitted except as provided for herein. (B) A park owner shall be entitled to an initial permissive adjustment gross space rental income equal to 80% of the percentage increase in the consumer price index (“CPI”) from the end of the base year (1988) to the date of application for the adjustment. The percentage adjustment in the CPI shall be calculated by subtracting the CPI reported for December 1989 from the most recently reported monthly CPI preceding the application and then dividing this remainder by the December 1989 CPI. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.100 SPACE RENT CEILING ADJUSTMENT - ANNUAL ADJUSTMENT. Commencing in calendar year 1990, park owners shall be entitled to the following annual adjustments. (A)Permissive adjustment. A park owner shall be entitled to an annual permissive adjustment of gross space rental income equal to 80% of the percentage adjustment in the CPI from the date of the most recent initial or annual adjustment to the date of application for the proposed adjustment. (B)Net operating income adjustment. (1) In the event a park owner believes he or she does not receive a just and reasonable return on park property after receiving the maximum permissive adjustment provided for above, said park owner may, upon payment of a filing fee established by resolution of the Mayor and City Council, file an application with the City Manager for an adjustment of the space rent ceiling, providing adequate justification for the proposed increase. (2) If the City Manager shall designate a form for the filing of such petition, such petition shall be filed upon such form. If no such form shall be designated, such petition shall be in writing, verified by the applicant and shall contain the names, address and telephone number of the applicant; the name and address of the tenant of each rental space which would be affected if the petition were granted; and a statement of the facts giving rise to the petition for a net operating income (“NOI”) adjustment in sufficient detail that if established, such facts would demonstrate the existence of a decrease in the NOI warranting such NOI adjustment. Within 30 working days after the petition has been submitted to the City Manager for filing, the petitioner shall be given notice of the time and place of the hearing, which notice, together with a copy of the petition, shall be served upon or mailed to each tenant of a rental space which would be affected by the NOI adjustment if granted. When a declaration of service has been submitted to the City Manager, the petition for an NOI adjustment shall be deemed filed. (3) A park owner shall be entitled to an adjustment of the space rent ceiling so as to enable the park owner’s net operating income (“NOI”) for the subsequent year to be increased by a rate which, when added to the maximum permissible adjustment provided for above, will give the park owner a just and reasonable return on park property. (C)Special assessment based on capital improvements. (1) An application for a special assessment based on the cost of a completed capital improvement may be filed with the City Manager pursuant to this division (C). For the purposes of this division (C), CAPITAL IMPROVEMENT is defined as the installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance or repairs, with a useful life of at least five years, and have been agreed upon between Packet Page 890 San Bernardino - Health and Safety248 the park owner; the resident committee, if any; and approved by more than 50% of the owners of all mobile homes located within the park in an election called to consider the matter with each space casting one vote. (2) A special assessment may be granted at the discretion of the hearing officer considering all circumstances without approval of the homeowners if the capital improvement is necessary to protect the health and safety of the residents of the park, or to comply with governmental laws or regulations. (3) Capital improvement assessments shall be amortized over the useful life of the improvement as set forth in Internal Revenue Service “class life” tables then in effect, unless the hearing officer, in his or her discretion, determines that the use of such tables is unreasonable under the circumstances. (4) In addition to the cost of the improvements(s), the assessment shall include interest at 2% over the prime rate at Bank of America in effect at the time the assessment is approved calculated annually on the unamortized cost of improvement. (5) Capital improvement assessments shall be apportioned equally among all spaces in the mobile home park and shall be payable monthly, and shall be set forth by the park owner as a separate item from the space rent. The assessment shall remain in effect until the cost of the improvement, plus interest as set forth herein, has been fully recovered. (D)Effective. No annual adjustment shall become effective if the previous annual adjustment became effective within the previous 12 months unless approved by the hearing officer pursuant to division (B) above. (Ord. MC-865, passed 3-24-1993; Ord. MC-944, passed 6-8-1995; Ord. MC-1481, passed 4-14-2018) § 8.90.105 REQUIRED CERTIFICATION ON RENTAL ADJUSTMENT NOTICE. The hearing officer shall have the right to deny any rent adjustments under this chapter if the owner: (A) Has failed to comply with any provisions of this chapter and/or regulations issued thereunder by the City Manager or the Mayor and City Council or any other federal, state or city law, ordinance or regulation concerning mobile home parks; and (B) Has failed to comply substantially with any applicable state or local housing, health or safety law. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.110 POWERS AND DUTIES OF THE CITY MANAGER. (A) The City Manager shall administer and carry out to the fullest extent possible the expressed intent and purposes of this chapter. (B) The City Manager shall have the following duties, responsibilities and functions, together with all powers reasonably incidental thereto. (1)Adoption of rules and regulations. Subject to the approval of the Mayor and City Council the City Manager may make and adopt her or his or her own administrative rules and regulations as may be necessary to effectuate the purposes and policies of this chapter and to enable the City Manager to carry out his or her powers and duties thereunder, so long as such rules and regulations are consistent with the laws of the state, this chapter and any guidelines adopted by the Mayor and City Council. Any such rules and regulations shall be reduced to writing and be on file with the City Manager at all times. (2)Maintenance of records. The City Manager shall keep a record of the hearing proceedings, which shall be open for inspection by any member of the public. (3)Conduct studies and investigations. The City Manager shall have the power to make such studies, surveys and investigations, and obtain such information as is necessary to carry out her or his or her powers and duties. (4)Require registration. The City Manager shall require such registration of mobile home parks as Packet Page 891 Mobile Home Rents 249 the City Manager may deem necessary to carry out his or her duties. (5)Evaluation. The City Manager shall render at least semi-annually a comprehensive written report to the Mayor and City Council concerning the activities, holdings, actions, results of hearings and all other matters pertinent to this chapter. (6)Related duties. The City Manager shall undertake such other related duties as may be assigned by the Mayor and City Council. (Ord. MC-865, passed 3-24-1993; Ord. MC-1021, passed 5-5-1998; Ord. MC-1481, passed 4-14-2018) § 8.90.120 PETITION BY TENANT. (A) Any tenant of a mobile home rental space affected by this chapter, upon payment of such filing fee as shall be duly established, may petition the city for a determination whether a proposed or actual action by the landlord of such tenant is legal, valid and within the terms of this chapter. If the City Manager shall establish forms for such petitions, the petition shall be prepared and submitted upon such form. In the absence of such designated form, the petition shall contain the name, address and telephone number, if known, of the landlord, owner, manager or other person authorized to represent the owner of the mobile home park, a brief statement of the facts giving rise to the request for interpretation or determination and a statement that a copy of the petition has been personally served or mailed to the owner, manager or other person authorized to accept and receive notices to the landlord. (B) In the event that a petition by tenant(s) results in a downward adjustment in the space rent, the park owner shall not be obligated to adjust any rent except the rent of those tenant(s) who signed the petition and paid the established filing fee. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.130 PETITION BY LANDLORD. Any landlord of a mobile home park affected by this chapter may, upon payment of such filing fee as shall be duly established, petition the city for a determination whether a particular course of action by said landlord is allowable, valid and in conformity with this chapter. The City Manager may designate forms for the filing of such petitions. In the event that no such form has been designated, the petition shall be in writing, and shall contain the name, address and telephone number, if any, of the person requesting the interpretation or opinion; the name and address of each tenant of a rental unit owned or managed by the person requesting the interpretation or opinion, if it is intended that such interpretation or opinion affects such rental unit; a brief statement of the facts giving rise to the request for interpretation or opinion; and a statement that a copy of such petition has been personally served upon or mailed to each such tenant who might be affected thereby. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.140 CONDUCT OF PROCEEDINGS. (A) The Mayor and City Council shall appoint a hearing officer to hear matters pertaining to this chapter. (B) Each party to a hearing may have assistance in presenting evidence or in setting forth by argument his or her position, from an attorney or such other person as may be designated by said party. (C) Formal rules of evidence shall not apply in proceedings; however, all oral testimony offered as evidence shall be under oath. (D) In the event that any party shall fail to appear at the time and place set for hearing of a petition, the hearing officer may hear and review such evidence as may be presented, and may make such findings and Packet Page 892 San Bernardino - Health and Safety250 decisions as shall be supported by the evidence presented. (E) The hearing officer shall base his or her decision on evidence presented at the hearing and may consider any evidence resulting from independent investigations of the City Manager pursuant to § 8.90.110(B)(5), where such evidence has been disclosed to the parties. (F) (1) The hearing officer shall make findings based on the evidence as to each fact relevant to the hearing officer’s decision on the petition. (2) The decision of the hearing officer shall be based upon the findings, and shall: (a) Determine whether the action or proposed action of a landlord is valid, permitted and in conformity with this chapter; and/or (b) Determine whether an adjustment is necessary, and if so, the nature and amount of relief to be granted or authorized to the landlord or homeowner. (G) The hearing officer shall consider the evidence and arguments of the parties no later than 30 days after the matter has been submitted for decision and the hearing officer shall make her or his final decision at the conclusion of their deliberations. No rent adjustment will be authorized unless supported by the evidence. A notice of the hearing officer’s decision shall be sent to each party to a proceeding. Unless good cause to the contrary shall appear, each decision of the hearing officer shall apply on a space by space basis, taking into account the possibility of differences in base rent, services provided and other facts differentiating rental spaces. (H) Nothing in this chapter, or in any decision of the hearing officer, shall require any landlord to raise rents or charges to tenants. If an adjustment in the maximum permissible rent is authorized, a landlord may raise rents or charges by a lesser amount, or for a lesser time than is authorized by the decision of the hearing officer. (I) The findings and decisions of the hearing officer shall be a final administrative action. There shall be no right of appeal to the Mayor and City Council. Such findings and decisions shall be public records, and may be certified by the City Clerk. Each decision shall set forth a notice as required by Cal. Gov’t Code,Cal. Code of Civil Procedure, § 1094.6. The decision shall become effective upon mailing to the party unless otherwise indicated at the hearing. This section supersedes Chapter 2.64. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.150 PRIORITIES. All petitions for hearings shall be heard in order of date filed. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.160 RENT ADJUSTMENT REGULATIONS. For purposes of determining allowable rent adjustments, the rules and regulations set forth in this section shall be used. In authorizing individual adjustments of the rent ceilings, the hearing officer shall consider the purposes of this chapter and the requirements of law. The hearing officer may consider all relevant factors including: increases or decreases in operating and maintenance expenses; the extent and cost of utilities paid by the owner; necessary and reasonable capital improvements of the park as distinguished from normal repair, replacement and maintenance; increases or decreases in amenities, equipment, insurance or services; substantial deterioration of the park other than as a result of ordinary wear and tear; failure on the part of the owner to provide adequate repair; housing services or Packet Page 893 Mobile Home Rents 251 failure on the part of the owner to comply with applicable Housing, Health and Safety Codes; federal and state income tax benefits; the speculative nature of the investment; whether or not the property is acquired or is held as a long-term or short-term investment; the owner’s rate of return on investment; the owner’s current and base year net operating income; and any other factors deemed relevant by the hearing officer in providing the owner a fair return. A sale of a mobile home park by the owner, subsequent to June 3, 1991, which results in a Proposition 13 tax increase, cannot be a factor to be considered in a request for a rent adjustment by the new owners. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.170 NET OPERATING INCOME. Net operating income (“NOI”) shall be gross income less allowable operating expenses. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.180 GROSS INCOME. Gross income equals: (A) Gross rents, computed as gross rental income at 100% paid occupancy; (B) Plus interest from rental deposits, unless directly paid by the landlord to the tenants; (C) Plus income from miscellaneous sources, including, but not limited to, laundry facilities, vending machines, amusement devices, cleaning fees or services, garage and parking fees; (D) Plus all other income or consideration received or receivable for or in connection with the use or occupancy of rental units; and (E) Minus uncollected rents due to vacancy and bad debts to the extent that the same are beyond the landlord’s control. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.190 ALLOWABLE OPERATING EXPENSES. Operating expenses shall include the following: (A) Real property taxes; (B) Utility costs; (C) Management fees actually paid if management services are contracted for. If all or a portion of management services are performed by the landlord, management fees shall include the reasonable value for such landlord performed services. Management fees greater than 5% of gross income are presumed to be unreasonable. Such presumption may be rebutted; (D) Other reasonable management expenses, including, but not limited to, necessary and reasonable advertising, accounting and insurance; (E) Normal repair and maintenance expenses, including, but not limited to, painting, normal cleaning, fumigation, landscaping and repair of all standard services, including electrical, plumbing, carpentry, furnished appliances, drapes, carpets and furniture; (F) Owner-performed labor, which shall be compensated at the following hourly rates upon documentation of the date, time and nature of the work performed: (1) At the general prevailing rate of per diem wages for the San Bernardino area, for the specific type of work performed, as determined and Packet Page 894 San Bernardino - Health and Safety252 published by the Director of the State Department of Industrial Relations pursuant to the Cal. Labor Code, §§ 1770 et seq.; and (2) If no such general prevailing rate has been determined and published, then a cost per hour for general maintenance and a cost per hour for skilled labor as established by resolution of the Mayor and City Council. Notwithstanding the above, a landlord may receive greater or lesser compensation for self-labor if the landlord proves by clear and convincing evidence that the amounts set forth above are substantially unfair in a given case. Owner performed labor in excess of 5% of gross income shall not be allowed unless the landlord proves, by clear and convincing evidence, that such excess labor expenses resulted in proportionately greater services for the benefit of tenants. (G) License and registration fees required by law to the extent same are not otherwise paid by tenants; (H) The yearly amortized portion of capital expenses, including financing costs, computed in accordance with any useful life table utilized by the Internal Revenue Service; and (I) Reasonable attorney’s fees and costs incurred as normal and reasonable costs of doing business, including, but not limited to, good faith attempts to recover rents owing and good faith unlawful detainer actions not in derogation of applicable law, to the extent same are not recovered from tenants. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.200 OPERATING EXPENSES NOT ALLOWABLE. Operating expenses shall not include the following: (A) Avoidable and unreasonable or unnecessary expenses; (B) Mortgage principal and interest payments; (C) Lease purchase payments and rent or lease payments to landlord’s lessor; (D) Penalties, fees or interest assessed or awarded for violation of this or any other statute; (E) Attorney’s fees and other costs incurred for proceedings before the hearing officer or in preparation for such proceedings, or in connection with any civil actions or proceedings against the city, or a decision, ruling or order of the hearing officer; (F) Depreciation of the real property; and (G) Any expenses for which the landlord has been reimbursed by any security deposit, insurance settlement, judgment for damages, settlement or any other method. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.210 PRESUMPTION OF FAIR BASE YEAR NET OPERATING INCOME. Except as provided in § 8.90.220, it shall be presumed that the net operating income produced by a park owner during the base year, provided a fair return on property. Owners shall be entitled to maintain and increase their net operating income from year to year in accordance with §§ 8.90.080 and 8.90.100(B). (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.220 REBUTTING THE PRESUMPTION. (A) It may be determined that the base year net operating income yielded other than a fair return on property, in which case, the base year net operating income may be adjusted accordingly. (B) In order to make such a determination, the hearing officer must make at least one of the following findings. (1) (a) The owner’s operating and maintenance expenses in the base year were unusually high or low in comparison to other years. In such Packet Page 895 Mobile Home Rents 253 instances, adjustments may be made in calculating such expenses so the base year operating expenses reflect average expenses for the property over a reasonable period of time. (b) The hearing officer shall consider the following factors: 1. The owners made substantial capital improvements during 1988 which were not reflected in the rent levels on the base date; 2. Substantial repairs were made due to damage caused by natural disaster or vandalism which management has taken appropriate action to reduce; 3. Maintenance and repair were below accepted standards so as to cause significant deterioration in the quality of housing services; and 4. Other expenses were unreasonably high or low notwithstanding the following of prudent business measures. (2) The rental rates on the base date were disproportionate due to enumerated factors below. In such instances, adjustments may be made in calculating gross rents consistent with the purpose of this chapter. (a) The rental rates on the base date were substantially higher or lower than in preceding months by reason of premiums being charged or rebates being given for reasons unique to particular units or limited to the period determining the base rent. (b) The rent on the base date was substantially higher or lower than at other times of the year by reason of seasonal demand or seasonal variations in rent. (c) The rental rates on the base date were exceptionally high or low due to other factors which would cause the application of the base year net operating income to result in gross inequity to either the owner or tenant. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.230 DETERMINATION OF BASE YEAR NET OPERATING INCOME. (A) To determine the net operating income during the base year, there shall be deducted from the annualized gross income being realized in 1988, a sum equal to the actual operating expenses for calendar year 1988, unless the owner demonstrates to the satisfaction of the hearing officer that the use of some other consecutive 12-month period is justified by reasons consistent with the purposes of this section. (B) In the event the owner did not own the subject property during the base year, the operating expenses for 1988 shall be determined by one of the following methods whichever the hearing officer determines to be more reliable in the particular case: (1) The previous owner’s actual operating expenses, as defined in § 8.90.190, if such figures were available; or (2) Actual operating expenses for the first calendar year of ownership, discounted to 1988 by the schedule. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.240 DETERMINATION OF CURRENT YEAR NET OPERATING INCOME. To determine the current year net operating income, there shall be deducted from the annualized gross income, determined by analyzing the monthly rents in effect at the time of filing of a petition, a sum equal to the actual operating expenses for the last calendar year (unless the owner demonstrates to the satisfaction of the hearing officer that the use of some other consecutive 12-month period is justified by reasons consistent with the purposes of this section). (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.250 SCHEDULE OF INCREASES IN Packet Page 896 San Bernardino - Health and Safety254 OPERATING EXPENSES. Where scheduling of rental increases, or other calculations, requires projections of income and expenses, it shall be assumed that operating expenses, exclusive of property taxes and management expenses, increases at 5% per year, that property taxes increase at 2% per year and that management expenses constitute 5% of gross income; provided, however, that if actual increases are greater or less than those listed in this section, the actual increases shown according to proof shall be the increases applicable. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.260 ALLOWABLE RENT ADJUSTMENTS. The hearing officer may permit rent adjustments, unless otherwise prescribed by law, such that the owner’s net operating income will be adjusted at the rate as specified in § 8.90.100(B)(2). (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.270 DISCRETIONARY CONSIDERATIONS. While the net operating income formula should operate to guarantee a park owner a fair return on investment, the hearing officer considering a request for rent increases shall consider all relevant factors presented in making a determination, as set forth in this chapter. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.280 LIMIT ON INCREASES PENDING HEARING OR LITIGATION. Notwithstanding any other provisions of this chapter, no adjustment in rents in a mobile home park shall be valid during the time that any hearing or proceeding is being conducted pursuant to this chapter, nor shall such increase be valid during the period in which the hearing officer’s decision for that park is being reviewed by a court of competent jurisdiction, except those the tenants shall be required to pay as the permissible adjustment as provided for under § 8.90.090(B). (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.290 RENT ADJUSTMENTS FOR REDUCTION IN SERVICES. (A) No owner shall reduce the level or kind of services provided to tenants as of the date of adoption of this chapter or take any other punitive action in retaliation for the exercise by tenants of any of the rights granted by this chapter. (B) If a mobile home park provides in the rent, without separate charge, utilities or similar services (including, but not limited to, natural gas, electricity, water, sewer, trash and cable television) and converts to separate charge for such service by separate metering, separate charge or other lawful means of transferring to the tenant the obligation for payment for such services, the cost savings shall be passed through to tenants by a rent adjustment equal to the actual cost to the park of such transferred utility or similar service (less common area usage, based on costs for the 12-month period prior to notice to the tenants of the change). Provided compliance with this section occurs, provisions for mediation and/or hearing shall not apply. It is the intent of this section for those rental agreements entered into on or after January 1, 1991 to be consistent with the provisions of Cal. Civil Code, § 798.41, as adopted by Chapter 1013, § 2 of the Statutes of 1990. (C) For purposes of division (A) above, in determining cost savings to be passed on to tenants in the form of decreased rent, the cost of installation of separate utility meters or similar costs incurred by the owner to shift the obligation for payment of utility costs to the tenants shall not be considered. However, this shall not be construed to prohibit or prevent the consideration of inclusion of such costs as an increased operating expense at mediation or arbitration. (D) If a service other than a utility or similar service per division (A) above is reduced or Packet Page 897 Mobile Home Rents 255 eliminated, or if a utility or similar service is reduced or eliminated without a concomitant decrease in rent, the provisions of this chapter regarding petition and/or hearing shall apply subject to the following conditions. Any petition initiating mediation or hearing must be filed within 12 months of the date on which the service was reduced or eliminated, and the reduction or elimination in services must continue to exist at the time of the hearing. Rent adjustments shall only be granted prospectively. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.300 QUANTUM OF PROOF AND BURDEN OF PROOF. The decision of the hearing officer must be supported by the evidence submitted at the hearing. The petitioning party shall have the burden of proof in such proceedings. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.310 HEARING OFFICER DECISION FINAL. The decision of the hearing officer is final. This section specifically supersedes Chapter 2.64. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.320 JUDICIAL REVIEW. An owner or tenant aggrieved by any action of the hearing officer may seek judicial review by appealing to the appropriate court within the jurisdiction. Cal. Code of Civil Procedure, §§ 1094.5 and 1094.6 are applicable. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.330 TERMINATION OF TENANCY. A tenancy which is not held pursuant to a written rental agreement that conforms to the provisions of the Cal. Civil Code, §§ 798.15 et seq. shall be terminated only pursuant to the Cal. Civil Code, §§ 798.55 et seq. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.340 REMEDIES FOR VIOLATION. (A)Civil remedies. Any person who demands, accepts or retains any payment in violation of any provision of this chapter shall be liable in a civil action to the person from whom such payment is demanded, accepted or retained for damages in the sum of three times the amount by which the payment or payments demanded, accepted or retained exceed the maximum rent which could lawfully be demanded, accepted or retained, together with reasonable attorneys’ fees and costs as determined by the court. (B)Criminal remedies. It shall be unlawful for an owner to adjust any rent in an amount in excess of that allowed under this chapter or by order of the hearing officer. Any owner who willfully and knowingly violates any of the provisions of this chapter or the orders of the hearing officer shall be guilty of a misdemeanor. (C)Injunctive and other civil relief. The City Manager, the city and the tenants and owners may seek relief from the appropriate court in the jurisdiction within which the rental unit is located to enforce any provision of this chapter or its implementing regulations or to restrain or enjoin any violation of this chapter and of the rules, regulations, orders and decisions of the hearing officer. (D)Non-waiver of rights. Any waiver or purported waiver by a tenant of rights granted under this chapter prior to the time when such rights may be exercised, whether oral or written, shall be void as contrary to public policy. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.350 PERIODIC REVIEW OF CHAPTER. The Mayor and City Council shall review the Packet Page 898 San Bernardino - Health and Safety256 provisions of the chapter at any other time deemed appropriate, in order to consider the following: (A) Whether this chapter continues to be necessary to protect the public health, safety and welfare; (B) Whether the implementation of the provisions of this chapter have been adequate; and (C) Whether the provisions of this chapter should be amended to provide more effective regulations or to avoid unnecessary hardship. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.360 CHAPTER TO BE LIBERALLY CONSTRUED. This chapter shall be liberally construed to achieve the purposes of this chapter and to preserve its validity. (Ord. MC-865, passed 3-24-1993; Ord. MC-1481, passed 4-14-2018) § 8.90.370 RESERVED. [Reserved] (Deleted by Ord. MC-1481, passed 4-14-2018) § 8.90.380 RESERVED. [Reserved] (Deleted by Ord. MC-1481, passed 4-14-2018) § 8.90.390 RESERVED. [Reserved] (Deleted by Ord. MC-1481, passed 4-14-2018) § 8.90.400 RESERVED. [Reserved] (Deleted by Ord. MC-1481, passed 4-14-2018) § 8.90.410 RESERVED. [Reserved] (Deleted by Ord. MC-1481, passed 4-14-2018) § 8.90.420 RESERVED. [Reserved] (Deleted by Ord. MC-1481, passed 4-14-2018) § 8.90.430 RESERVED. [Reserved] (Deleted by Ord. MC-1481, passed 4-14-2018) Packet Page 899 Mobile Home Rents 257 Packet Page 900 San Bernardino - Health and Safety258 Packet Page 901 CHAPTER 8.93: BICYCLES PROHIBITED IN CERTAIN PUBLIC BUILDINGS Section 8.93.010 Prohibition 8.93.020 Exceptions 8.93.030 Violation § 8.93.010 PROHIBITION. It shall be unlawful to bring a bicycle or bicycles into the City Hall or the second or third floors of the City Hall annex. (Ord. MC-951, passed 11-8-1995) § 8.93.020 EXCEPTIONS. Section 8.93.010 shall not apply to police officers or to those who have received the prior written permission of the City Facilities Manager. (Ord. MC-951, passed 11-8-1995) § 8.93.030 VIOLATION. Violation of § 8.93.010 shall be either a misdemeanor or an infraction. (Ord. MC-951, passed 11-8-1995) 259 Packet Page 902 San Bernardino - Health and Safety260 Packet Page 903 CHAPTER 8.95: ANIMALS PROHIBITED IN CITY BUILDINGS Section 8.95.010 Prohibition 8.95.020 Exceptions 8.95.030 Penalty § 8.95.010 PROHIBITION. All animals, whether domestic or otherwise and whether dead or alive, are prohibited from being bought, carried or otherwise allowed entry into any building belonging to or operated by the city. (Ord. MC-795, passed 6-18-1991) § 8.95.020 EXCEPTIONS. (A) The prohibition of § 8.95.010 shall not apply to animals trained and certified to assist the blind and deaf or any animals used by a law enforcement agency. (B) Prohibition of § 8.95.010 shall not apply to the animal shelter owned or operated by the city. (Ord. MC-795, passed 6-18-1991) § 8.95.030 PENALTY. Violation of this chapter is a misdemeanor. (Ord. MC-795, passed 6-18-1991) 261 Packet Page 904 San Bernardino - Health and Safety262 Packet Page 905 CHAPTER 8.97: SMOKING CANNABIS IN PUBLIC PLACES Section 8.97.010 Purpose and intent 8.97.020 Applicability 8.97.030 Definitions 8.97.040 Prohibition of smoking and inhaling in enclosed places 8.97.050 Prohibition of smoking and inhaling in unenclosed areas 8.97.060 Prohibition of smoking and inhaling in city vehicles and on city campuses 8.97.070 Smoking distance required 8.97.080 Additional smoking-related restrictions 8.97.090 Other requirements and prohibitions 8.97.100 Posting of signs 8.97.110 Interpretation 8.97.120 Other laws 8.97.130 Violations declared a public nuisance 8.97.140 Each violation a separate offense 8.97.150 Criminal penalties 8.97.160 Remedies cumulative and not exclusive § 8.97.010 PURPOSE AND INTENT. The purpose of this chapter is to protect the good health and well-being of the residents of the city from the documented negative effects of secondhand cannabis smoke. Smoke-free air is an important component of a healthy community. The Mayor and City Council intend to protect the public health, safety and welfare by providing a secondhand cannabis smoke-free environment in public and private places where non-cannabis smokers may be exposed to secondhand cannabis smoke. The Mayor and City Council further intend to promote secondhand cannabis smoke-free air, recognizing the need to breathe smoke-free air has a priority over the desire to smoke cannabis. This chapter is not intended to interfere with a patient’s right to use medicinal cannabis pursuant to state law, as may be amended, nor does it criminalize cannabis possession or use otherwise authorized by state law. (Ord. MC-1465, passed 3-7-2018) § 8.97.020 APPLICABILITY. Nothing in this chapter shall be construed to allow any conduct or activity relating to the cultivation, distribution, dispensing, sale or consumption of cannabis that is otherwise illegal under local or state law. No provision of this title shall be deemed a defense or immunity to any action brought against any person by the County District Attorney’s office, the Attorney General of the state or the United States. This chapter shall be applicable in the incorporated areas of the city and in all city buildings, whether owned, leased or controlled by the city, and on all city campuses. (Ord. MC-1465, passed 3-7-2018) § 8.97.030 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BUSINESS. Any sole proprietorship, partnership, limited liability company, joint venture, corporation, association or other entity formed for profit-making purposes or for non-profit charitable, religious, philanthropic, educational, political, social or similar purposes. A government agency is not a BUSINESS within the meaning of this chapter. 263 Packet Page 906 San Bernardino - Health and Safety264 CANNABIS. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica or Cannabis ruderalis, or any other strain or varietal of the genus CANNABIS that may exist or be discovered or developed that has psychoactive or medical properties, whether growing or not, including, but not limited to, the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. CANNABIS also means the separated resin, whether crude or purified, obtained from CANNABIS. CANNABIS also means marijuana cannabis, as defined by Cal. Health and Safety Code, § 11018 and Cal. Business and Professions Code, § 26001(f), as both may be amended from time to time. Any reference to CANNABIS or CANNABIS PRODUCTS shall include medical and non-medical cannabis and medical and non-medical cannabis products unless otherwise specified. CANNABIS or CANNABIS PRODUCT does not mean industrial hemp, as defined by Cal. Health and Safety Code, § 11018.5, or the weight of any other ingredient combined with CANNABIS to prepare topical or oral administrations, food, drink or other product. CANNABIS does not include the mature stalks of the plant; fiber produced from the stalks, oil or cake made from the seeds of the plant; any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. CANNABIS CONCENTRATE. Cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this chapter. A CANNABIS CONCENTRATE is not considered food, as defined by the Cal. Health and Safety Code, § 109935, or drug, as defined by the Cal. Health and Safety Code, § 109925. CANNABIS PARAPHERNALIA. Any item designed for the consumption, use or preparation of cannabis or cannabis product. CANNABIS PRODUCT. (1) (a) Any product containing, made or derived from cannabis or cannabis products that is intended for human consumption, whether smoked, heated, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited to, cigarettes, cigars, bongs, blunts, pipes; and (b) Any electronic smoking device. (2) Notwithstanding any provision of divisions (1)(a) and (1)(b) to the contrary, CANNABIS PRODUCTS includes any component, part or accessory of a cannabis product, whether or not sold separately. CITY. The City of San Bernardino, a charter city in the State of California. CITY CAMPUS. Enclosed areas and unenclosed areas under the legal control of the city, including property that is owned, leased or maintained by the city or governed by the Mayor and City Council. DINING AREA. Any area which is available to or customarily used by the general public or an employee and which is designed, established or regularly used for consuming food or drink. ELECTRONIC SMOKING DEVICE. An electronic device that can be used to deliver an inhaled dose of cannabis, cannabis oils or other substances, including any component, part or accessory of such a device, whether or not sold separately. ELECTRONIC SMOKING DEVICE includes any such device, whether manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, vaping pens or any other product name or descriptor. EMPLOYEE. Any natural person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, or any natural person who volunteers his or her services for an employer. EMPLOYER. Any business with one or more employees. Packet Page 907 Smoking Cannabis in Public Places 265 ENCLOSED AREA. An area in which outside air cannot circulate freely to all parts of the area, and includes an area that has: (1) Any type of overhead cover and at least three walls or other vertical constraint to airflow; or (2) Four walls or other vertical constraints to airflow. PERSON. Any natural person, business, personal representative, receiver, trustee, assignee or any other legal entity. PLACE OF EMPLOYMENT. Any area under the legal or de facto control of an employer that an employee or the general public may have cause to enter in the normal course of operations, regardless of the hours of operation. PROHIBITED SMOKING AREA. A designated portion of an unenclosed area where cannabis smoking is prohibited. Cannabis smoking shall be prohibited within 1,000 feet of any of the following: (1) Any school (k-12) regardless if it is a public, private or charter school; (2) Daycare center, as defined in the Cal. Health and Safety Code, § 1596.76; (3) Youth center, as defined in the Cal. Health and Safety Code, § 11353.1; (4) Any library, park, bicycle paths or area in which the primary purpose is used for minors; and (5) Any alcohol rehabilitation center or substance abuse facility. PUBLIC PLACE. Any place, publicly or privately owned, when being used for a public event, including, but not limited to, a farmers’ market, parade, craft fair, festival or any other event open to the general public. RECREATIONAL AREA. Any area that is owned, controlled or used by the city and open to the general public for recreational purposes, regardless of any fee or age requirement. RECREATIONAL AREA includes, but is not limited to, parks, picnic areas, playgrounds, sports fields, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, skateboard parks and amusement parks. RECREATIONAL AREA does not include golf courses. SERVICE AREA. Any publicly or privately owned area designed to be used or is regularly used by one or more persons to receive a service, wait to receive a service or to make a transaction, whether or not such service or transaction includes the exchange of money. SERVICE AREA includes, but is not limited to, areas including or adjacent to information kiosks, automatic teller machines, ticket lines, bus stops or shelters, mobile vendor lines or cab stands. SMOKE. The gases, oils, particles or vapors released into the air as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco, cannabis, cannabis oils or nicotine and the purpose of inhalation is solely olfactory, such as SMOKE from incense. SMOKE includes, but is not limited to, tobacco smoke, electronic smoking device vapors and cannabis smoke. SMOKING. Inhaling, exhaling, burning or carrying any ignited, heated or activated cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device or any plant product intended for human inhalation, including, but not limited to, cannabis or cannabis products. UNENCLOSED AREA. Any area that is not an enclosed area. (Ord. MC-1465, passed 3-7-2018) § 8.97.040 PROHIBITION OF SMOKING AND INHALING IN ENCLOSED PLACES. (A) The city shall enforce the state Smoke-free Workplace Law (Cal. Labor Code, § 6404.5), which prohibits smoking in enclosed places of employment, in all areas subject to this chapter. Packet Page 908 San Bernardino - Health and Safety266 (B) In addition, all cannabis smoking and the inhaling of cannabis products are prohibited in the enclosed areas of the following places: (1) All businesses that are not places of employment and which have a common or shared air space with an enclosed area, such as, without limitation, openings, cracks, air ventilation systems, doorways, hallways and stairways, in which smoking is prohibited by law. Notwithstanding any other provision of this chapter, the fact that cannabis smoke enters one enclosed area from another enclosed area is conclusive proof that the areas share a common or shared air space; (2) Public places, as defined in § 8.97.030; and (3) Any area within 50 feet of any door, window, opening or vent into a public place, dining area, service area or recreational area, except for such areas on private residential property. (Ord. MC-1465, passed 3-7-2018) § 8.97.050 PROHIBITION OF SMOKING AND INHALING IN UNENCLOSED AREAS. Smoking and inhaling of cannabis products are prohibited in the unenclosed areas of the following places, as defined in § 8.97.030: (A) Dining areas; (B) Public places; (C) Recreational areas; (D) Service areas; and (E) Places of employment. (Ord. MC-1465, passed 3-7-2018) § 8.97.060 PROHIBITION OF SMOKING AND INHALING IN CITY VEHICLES AND ON CITY CAMPUSES. (A) Smoking and inhaling of cannabis products are prohibited in all vehicles leased, owned or operated by the city or any district governed by the city. (B) Smoking and the use of cannabis or cannabis products are prohibited in all enclosed areas and unenclosed areas of a city campus. § 8.97.070 SMOKING DISTANCE REQUIRED. (A) Smoking and inhaling of cannabis in all unenclosed areas is prohibited within 50 feet from any enclosed or unenclosed areas in which smoking is prohibited. (B) A private property or business owner may authorize a designated smoking area in an unenclosed area of his or her private property. (Ord. MC-1465, passed 3-7-2018) § 8.97.080 ADDITIONAL SMOKING-RELATED RESTRICTIONS. (A) A person who owns, manages, operates or otherwise controls the use of any place where cannabis smoking is prohibited by this chapter may not knowingly or intentionally permit cannabis smoking in those places. For purposes of this section, a person has acted knowingly or intentionally if the person has not taken the following actions to prevent cannabis smoking by another person: (1) Requested that a person who is smoking refrain from cannabis smoking in the prohibited place; and (2) Requested that a person who is smoking cannabis leave the prohibited place if the person refuses to stop smoking in the prohibited place after being asked to stop. This section does not require physically ejecting a person from a place or taking steps to prevent smoking under circumstances that would involve risk of physical harm. (B) No person shall intimidate, harass or otherwise retaliate against any person who seeks compliance with this section. Moreover, no person Packet Page 909 Smoking Cannabis in Public Places 267 shall intentionally or recklessly expose another person to cannabis smoke in response to that person’s effort to achieve compliance with this section. (Ord. MC-1465, passed 3-7-2018) § 8.97.090 OTHER REQUIREMENTS AND PROHIBITIONS. (A) No employer or business doing business with the city and within the city shall knowingly or intentionally permit cannabis smoking or inhaling in an area which is under the employer’s or business’s control and in which cannabis smoking is prohibited. (B) No person shall litter or dispose of cannabis packaging or cannabis products waste within the boundaries of an area in which cannabis smoking or cannabis products is prohibited except into a waste receptacle or ash can. (C) No person, employer or business shall intimidate or threaten or effect any reprisal against another person for the purpose of retaliating against that person for seeking to obtain compliance with this chapter. (Ord. MC-1465, passed 3-7-2018) § 8.97.100 POSTING OF SIGNS. A person, employer or business that has legal or de facto control of an area in which cannabis smoking, or the use of cannabis products is prohibited by this chapter shall post a clear, conspicuous and unambiguous “no smoking and no vaping” or “smoke-free” sign at each point of ingress to the area, and in at least one other conspicuous point within the area. The signs will have letters of no less than one inch in height and shall include the international “no smoking and no vaping” symbol (consisting of a pictorial representation of a burning cigarette, cannabis leaf and e-cigarette enclosed in a red circle with a red bar across it). Signs posted on the exterior of buildings to comply with this section shall include the reasonable distance requirement set forth in § 8.97.070. At least one sign with a city phone number to be determined by the Director of Community Development and Housing and made available on the Department’s website which complaints can be directed must be placed conspicuously in each place in which cannabis smoking is prohibited. The Department of Community Development and Housing shall be responsible for providing appropriate signs in public facilities controlled by the city. Notwithstanding this section, the presence or absence of signs shall not be a defense to a charge of cannabis smoking or the use of cannabis products in violation of any other provision of this chapter. (Ord. MC-1465, passed 3-7-2018; Ord. MC-1625, passed 2-21-2024) § 8.97.110 INTERPRETATION. This chapter shall not be interpreted or construed to permit cannabis smoking where it is otherwise restricted by other applicable laws. (Ord. MC-1465, passed 3-7-2018) § 8.97.120 OTHER LAWS. It is not the intention of this chapter to regulate any conduct where the regulation of such conduct has been preempted by the state. (Ord. MC-1465, passed 3-7-2018) § 8.97.130 VIOLATIONS DECLARED A PUBLIC NUISANCE. Each and every violation of the provisions of this chapter is deemed unlawful and a public nuisance. (Ord. MC-1465, passed 3-7-2018) § 8.97.140 EACH VIOLATION A SEPARATE OFFENSE. Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the city. (Ord. MC-1465, passed 3-7-2018) § 8.97.150 CRIMINAL PENALTIES. Packet Page 910 San Bernardino - Health and Safety268 Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this chapter shall be guilty of a misdemeanor, and may, in the discretion of the City Attorney, be prosecuted as a misdemeanor and, upon conviction, be subject to a fine not to exceed $1,000 or imprisonment in the city or county jail for a period of not more than six months, or by both such fine and imprisonment. The City Attorney, in his or her sound discretion, may prosecute a violation of this chapter as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under the provisions of this chapter shall be punished by a fine not exceeding $100 for the first violation, a fine not exceeding $200 for a second violation within one year and a fine not exceeding $500 for a third and subsequent violations within one year. A fourth violation of this chapter within one year shall be charged as a misdemeanor and may not be reduced to an infraction. (Ord. MC-1465, passed 3-7-2018) § 8.97.160 REMEDIES CUMULATIVE AND NOT EXCLUSIVE. The remedies provided herein are not to be construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by law or equity. (Ord. MC-1465, passed 3-7-2018) Packet Page 911 CHAPTER 8.99: PERSONAL CULTIVATION OF CANNABIS Section 8.99.010 Purpose and intent 8.99.020 Applicability 8.99.030 Definitions 8.99.040 Personal cultivation of cannabis 8.99.050 Violations declared a public nuisance 8.99.060 Each violation a separate offense 8.99.070 Criminal penalties 8.99.080 Remedies cumulative and not exclusive § 8.99.010 PURPOSE AND INTENT. The purpose of this chapter is to impose reasonable regulatory restrictions on the personal cultivation of cannabis pursuant to state law. This chapter is not intended to interfere with a patient’s right to use medicinal cannabis pursuant to state law, as may be amended, nor does it criminalize cannabis possession or cultivation otherwise authorized by state law. This chapter is not intended to give any person or entity independent legal authority to engage in commercial cannabis activity, as it is intended simply to impose regulatory restrictions regarding personal cultivation of cannabis in the city pursuant to this code and state law. (Ord. MC-1466, passed 3-7-2018) § 8.99.020 APPLICABILITY. Nothing in this title shall be construed to allow any conduct or activity relating to the cultivation, distribution, dispensing, sale or consumption of cannabis that is otherwise illegal under local or state law. Nor shall it be construed to exempt any activity related to the cultivation of cannabis from any applicable electrical, plumbing, land use or other building or land use standards or permitting requirements. No provision of this chapter shall be deemed a defense or immunity to any action brought against any person by the County District Attorney’s office, the Attorney General of the state or the United States. (Ord. MC-1466, passed 3-7-2018) § 8.99.030 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CITY. The City of San Bernardino, California. CANNABIS. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or be discovered, or developed, that has psychoactive or medical properties, whether growing or not, including, but not limited to, the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. CANNABIS also means the separated resin, whether crude or purified, obtained from CANNABIS. CANNABIS also means marijuanacannabis, as defined by Cal. Health and Safety Code, § 11018 and Cal. Business and Professions Code, § 26001(f), as both may be amended from time to time. Any reference to CANNABIS or CANNABIS PRODUCTS shall include medical and non-medical cannabis and medical and non-medical cannabis products unless otherwise specified. CANNABIS or CANNABIS PRODUCT does not mean industrial hemp, as defined by Cal. Health and Safety Code, § 11018.5, or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or 269 Packet Page 912 San Bernardino - Health and Safety270 other product. CANNABIS does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. CANNABIS CONCENTRATE. Manufactured cannabis that has undergone a process to concentrate the cannabinoid active ingredient, thereby increasing the product’s potency. CANNABIS CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of cannabis, including nurseries. COMMERCIAL CANNABIS ACTIVITY. Includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution or sale of cannabis and cannabis products. FULLY ENCLOSED AND SECURE STRUCTURE. Within a fully enclosed and secure structure that complies with the California Building Code, as adopted in the City of San Bernardino, or, if exempt from permit requirements, that has a complete roof enclosure supported by connecting walls extended from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments; is secure against unauthorized entry; and is accessible only through one or more lockable doors and accessible only to the owner or tenant. Walls and roofs must be constructed of solid materials that cannot be easily broken through such as two inches by four inch or thicker studs overlaid with three-eighths-inch or thicker plywood or the equivalent. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement. If indoor grow lights or air filtration systems are used, they must comply with the California Building, Electrical and Fire Codes as adopted by the City of San Bernardino. INDOOR CANNABIS CULTIVATION. Cultivation of cannabis using exclusively artificial lighting. MEDICAL CANNABIS or MEDICINAL CANNABIS. Cannabis that is intended to be used for medical cannabis purposes in accordance with the Compassionate Use Act of 1966 (“CUA,” Cal. Health and Safety Code, §§ 11362.711362.5 et seq.); the Medical Marijuana Program Act (“MMPA,” Cal. Health and Safety Code, §§ 11362.7 et seq.); and the Medicinal Adult Use Cannabis Regulation and Safety Act (“MAUCRSA,” the Cal. Business and Professions Code, Division 10). MIXED-LIGHT CANNABIS CULTIVATION. Cultivation of cannabis using any combination of natural and supplemental artificial lighting. Greenhouses, hoop houses, hot houses and similar structures, or light deprivation systems, are included in this category. OUTDOOR CANNABIS CULTIVATION. Cultivation of cannabis in the open air using no artificial lighting conducted in the ground or in containers outdoors with no covering. OUTDOOR CULTIVATION does not include greenhouses, hoop houses, hot houses or similar structures. PERSONAL CULTIVATION. Cannabis cultivation conducted by an individual strictly for that individual’s personal use, possession, processing, transporting or giving away without any compensation whatsoever in accordance with this code and state law, including, but not limited to, Cal. Health and Safety Code, §§ 11362.1 and 11362.2, as may be amended. PERSONAL CULTIVATION also means and includes cultivation of medical cannabis conducted by a qualified patient exclusively for his or her personal medical use, and cultivation conducted by a primary caregiver for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, in accordance with state law, including Cal. Health and Safety Code, §§ 11362.7 and 11362.765, as may be amended. Except as herein defined, PERSONAL CULTIVATION does not include, and shall not authorize, any cultivation conducted as part of a business or commercial activity, including cultivation for compensation or retail or wholesale sales of CANNABIS. Packet Page 913 Personal Cultivation of Cannabis 271 PRIMARY CAREGIVER. Shall have the same meaning as set forth in Cal. Health and Safety Code, § 11362.7, as the same may be amended from time to time. PRIVATE RESIDENCE or RESIDENCE. A house, apartment unit, mobile home or other similar dwelling which is permitted by the city. QUALIFYING PATIENT or QUALIFIED PATIENT. Shall have the same meaning as set forth in Cal. Health and Safety Code, § 11362.7, as the same may be amended from time to time. (Ord. MC-1466, passed 3-7-2018) Cross-reference: Building Codes, see Title 15, Chapters 15.04 and 15.05 § 8.99.040 PERSONAL CULTIVATION OF CANNABIS. (A) Indoor cannabis cultivation and mixed-light cannabis cultivation for personal use is permitted within all private residential dwellings and accessory structures to all private residential dwellings within all zoning districts, subject to all of the following minimum standards. (1) All indoor cannabis cultivation and mixed-light cannabis cultivation for personal use, including by a qualified patient or primary caregiver, shall occur in a private residential dwelling or accessory structure to a private residential dwelling, as those terms are defined in Chapter 19.02. (2) No more than six cannabis plants may be cultivated by either a qualified patient, primary caregiver or an individual over 21 years old at each private residential dwelling or accessory structure regardless of the number of qualified patients or adults 21 and older who reside at such private residential dwelling. Cultivation of more than six plants per residential dwelling or accessory structure shall be considered commercial cannabis activity, not personal cultivation and shall be subject to all the requirements for commercial cannabis activity within this code. (3) Medical cannabis shall only be cultivated by: (a) A qualified patient exclusively for his or her own personal medical use but who does not provide, donate, sell or distribute medical cannabis to any other person and who can provide a written doctor’s recommendation to the city upon request; or (b) A primary caregiver who cultivates, possesses, stores, manufactures, transports, donates or provides medical cannabis exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with Cal. Health and Safety Code, § 11362.765(c). (4) For persons other than qualified patients or primary caregivers, all personal cultivation shall be conducted by persons 21 years of age or six cannabis plants, regardless of the number of persons residing at the private residential dwelling. (5) Written consent from all owners of the property to cultivate cannabis within the residential dwelling or in a fully enclosed and secure accessory structure shall be obtained and shall be kept on the property, and available for inspection by the Chief of Police, or his or her designee, upon request. The written consent shall only be valid for 12 months from the signing of the consent. (6) Cannabis cultivation of medical and non-medical cannabis for personal use may occur inside a private residential dwelling and/or an accessory building or structure on the same parcel, subject to the following restrictions. (a) Structures and equipment used for indoor cannabis cultivation and/or mixed-light cannabis cultivation, such as indoor grow lights, shall comply with all applicable Zoning, Building, Electrical and Fire Code regulations, as adopted by the city. (b) All accessory buildings and structures used for indoor cannabis cultivation and/or mixed-light cannabis cultivation shall comply with the locational and other requirements set forth in Title 19. Packet Page 914 San Bernardino - Health and Safety272 (c) Personal cultivation of cannabis shall not interfere with the primary occupancy of the building or structure, including regular use of kitchen(s) or bathroom(s). (d) The use of generators to power any cultivation equipment is prohibited. (e) All property improvements, if any, shall comply with the California Building, Electrical and Fire Codes, as adopted by the city. (f) Any fully enclosed and secure structure or residence used for cannabis cultivation shall have a ventilation and filtration system installed that shall prevent cannabis plant odors from exiting the interior of the structure and that shall comply with the Building Code adopted by the city. (g) No exterior evidence of cannabis cultivation occurring at the property shall be discernable from the public right-of-way. (h) Nothing in this section is intended, nor shall it be construed, to preclude any landlord from limiting or prohibiting personal cultivation of cannabis by tenants. (i) Nothing in this section is intended, nor shall it be construed, to authorize commercial cultivation of cannabis. (j) Nothing in this section is intended, nor shall it be construed, to authorize any public or private nuisance as specified in this code. (k) The cultivation area shall be in a locked space inaccessible to minors, visitors, vandals or anyone not authorized to possess cannabis. (7) The area of cultivation shall not adversely affect the health or safety of the occupants of the private residence or the parcel or any other property by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, mold or other impacts, and shall not be maintained as to constitute a hazard due to use or storage of materials, processes, products or wastes. (8) Cultivation shall not occur within any private residential dwelling containing a daycare center, as defined in Chapter 5.10. (B) Outdoor cannabis cultivation (i.e., in the open air) is prohibited within all zoning districts. (C) It shall be unlawful for any person to engage in personal cultivation without registering with the city. The registration shall require the person engaging in personal cultivation to provide his or her name, address, telephone number and any other information determined necessary to protect the health, safety and welfare of the residents and businesses of the city by the City Manager, or his or her designee. The registration may require the payment of a fee as set by resolution of the Mayor and City Council. (Ord. MC-1466, passed 3-7-2018) Cross-reference: Building Codes, see Title 15, Chapters 15.04 and 15.05 § 8.99.050 VIOLATIONS DECLARED A PUBLIC NUISANCE. Each and every violation of the provisions of this chapter is deemed unlawful and a public nuisance and may be summarily abated by the City Manager, Chief of Police or designee of either of them. The city may recover any nuisance abatement costs and/or administrative fines relating to such violations in accordance with Cal. Gov’t Code, §§ 38773.1 and 38773.5 in accordance with Chapter 8.30. (Ord. MC-1466, passed 3-7-2018) § 8.99.060 EACH VIOLATION A SEPARATE OFFENSE. Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the city. Additionally, as a nuisance per se, any violation of this chapter shall be subject to injunctive relief, disgorgement and payment to the city for any monies unlawfully obtained, costs of abatement, costs of investigation, attorneys’ fees and any other relief or remedy available at law or in equity. Packet Page 915 Personal Cultivation of Cannabis 273 (Ord. MC-1466, passed 3-7-2018) § 8.99.070 CRIMINAL PENALTIES. Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this chapter shall be guilty of a misdemeanor, and may, in the discretion of the City Attorney, be prosecuted as a misdemeanor and, upon conviction, be subject to a fine not to exceed $1,000 or imprisonment in the city or county jail for a period of not more than six months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense. The City Attorney, in his or her sound discretion, may prosecute a violation of this chapter as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under the provisions of this chapter shall be punished by a fine not exceeding $100 for the first violation, a fine not exceeding $200 for a second violation within one year and a fine not exceeding $500 for a third violation within one year. A fourth violation of this chapter within one year shall be charged as a misdemeanor and may not be reduced to an infraction. (Ord. MC-1466, passed 3-7-2018) § 8.99.080 REMEDIES CUMULATIVE AND NOT EXCLUSIVE. The remedies provided herein are not to be construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by law. (Ord. MC-1466, passed 3-7-2018) Packet Page 916 San Bernardino - Health and Safety274 Packet Page 917 TITLE 9: PUBLIC PEACE, MORALS AND WELFARE Chapter ARTICLE I. OFFENSES AGAINST PUBLIC OFFICERS AND GOVERNMENT 9.04. IMPROPER USE OF CITY INSIGNIA 9.08. SOLICITING TORT CLAIMS 9.12. DISTURBING CITY BUSINESS 9.16. FALSE REPORTS ARTICLE II. OFFENSES AGAINST THE PERSON 9.20. LEG-HOLD TRAPS ARTICLE III. OFFENSES AGAINST PUBLIC DECENCY 9.28. OFFENSES AGAINST PUBLIC DECENCY 9.32. PUBLIC CONSUMPTION OF ALCOHOL 9.36. RESERVED 9.40. RESERVED 9.44. GAMES OF CHANCE ARTICLE IV. OFFENSES AGAINST PUBLIC PEACE 9.48. SOUND-MAKING OR SOUND-AMPLIFYING DEVICES 9.49. RECREATIONAL ACTIVITIES - SHOPPING CENTERS ARTICLE V. OFFENSES AGAINST PROPERTY 9.52. TRESPASS 9.56. MOTOR VEHICLE TRESPASS 9.58. PRIVATE SURVEILLANCE EQUIPMENT ARTICLE VI. CONSUMER PROTECTION 9.60. PROHIBITION AGAINST CERTAIN FORMS OF AGGRESSIVE SOLICITATION 9.62. MEDIAN ISLAND SAFETY 9.64. FAKE SALES ARTICLE VII. OFFENSES BY OR AGAINST MINORS 9.68. CURFEW - MINORS 9.69. DAYTIME LOITERING 9.70. PROTECTION OF MINORS 1 Packet Page 918 San Bernardino - Public Peace, Morals and Welfare2 ARTICLE VIII. WEAPONS 9.80. CONCEALED WEAPONS 9.84. PROJECTILES 9.90. AUTHORITY TO ARREST - CITATIONS 9.92. ADMINISTRATIVE CITATION PROCESS 9.93. ADMINISTRATIVE CIVIL PENALTIES 9.94. ADMINISTRATIVE HEARINGS AND APPEALS ARTICLE IX. NARCOTICS AND GANGS 9.95. NARCOTICS AND GANG-RELATED CRIME EVICTION PROGRAM 9.96. CRIME-FREE ZONES 9.97. REGULATION OF REGISTERED SEX OFFENDERS 9.98. PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL INCENSE AND OTHER SYNTHETIC DRUGS Packet Page 919 ARTICLE I. OFFENSES AGAINST PUBLIC OFFICERS AND GOVERNMENT CHAPTER 9.04: IMPROPER USE OF CITY INSIGNIA Section 9.04.010 Unlawful use of official indicia 9.04.020 Private purpose defined 9.04.025 Use of the city seal 9.04.030 Violation - penalty 9.04.040 Penalty supplemental to other penalties and remedies § 9.04.010 UNLAWFUL USE OF OFFICIAL INDICIA. It is unlawful for any officer or employee of the city to knowingly or willfully use, or cause the use of, a copy or replica of the official seal of the city, the original or a copy or replica of the letterhead on city stationary or any other official indicia of the city or local city public office for any private or personal purpose. (Ord. MC-460, passed 5-15-1985; Ord. 3772, passed 11-9-1978) § 9.04.020 PRIVATE PURPOSE DEFINED. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. PRIVATE PURPOSE. Includes, but is not limited to, the support or endorsement of or opposition to any candidate for a public office or the support or endorsement of or opposition to any ballot measure, initiative, referendum or any other matter voted upon at a public election. Additionally, PRIVATE PURPOSE has that meaning ascribed to it by judicial decisions of courts of competent jurisdiction as such term is distinguished from the term PUBLIC PURPOSE. (Ord. 3772, passed 11-9-1978) § 9.04.025 USE OF THE CITY SEAL. The Mayor and CommonCity Council may, by written agreement, authorize the private use of the city seal or other city insignia when it is determined to be in the best interests of the city, and when it is determined that the public will not be misled thereby. (Ord. MC-969, passed 6-4-1996) § 9.04.030 VIOLATION - PENALTY. Any person who violates any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. MC-460, passed 5-15-1985; Ord. 3772, passed 11-9-1978) § 9.04.040 PENALTY SUPPLEMENTAL TO OTHER PENALTIES AND REMEDIES. The penalties imposed by the provisions of this chapter shall be supplemental and in addition to any other penalties or remedies which may be imposed or provided by other laws or ordinances, such as disciplinary action, removal from public office, judicial order or judgment or other matter. (Ord. 3772, passed 11-9-1978) 3 Packet Page 920 San Bernardino - Public Peace, Morals and Welfare4 Packet Page 921 CHAPTER 9.08: SOLICITING TORT CLAIMS Section 9.08.010 Unlawful acts 9.08.020 Interpretations of provisions 9.08.030 Violation - penalty § 9.08.010 UNLAWFUL ACTS. It is unlawful for any person to solicit employment for himself or herself or for any other person, either directly or through some other person acting on his or her behalf, to prosecute, collect, settle, compromise or to negotiate for the settlement, compromise or collection of any tort claim, on behalf of any tort claimant, in which he or she himself or herself has no pecuniary interest arising from such tort. (Ord. 821, passed 8-9-1921; Ord. 1530, passed 7-3-1934) § 9.08.020 INTERPRETATIONS OF PROVISIONS. The provisions of this chapter shall not be construed to prevent joint tort claimants from negotiating with each other for the purpose of combining respective claims or actions against the tort feasor. (Ord. 821, passed 8-9-1921; Ord. 1530, passed 7-3-1934) § 9.08.030 VIOLATION - PENALTY. Any person violating any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 821, passed 8-9-1921; Ord. 1530, passed 7-3-1934; Ord. MC-460, passed 5-15-1985) 5 Packet Page 922 San Bernardino - Public Peace, Morals and Welfare6 Packet Page 923 CHAPTER 9.12: DISTURBING CITY BUSINESS Section 9.12.010 Interference with city business 9.12.020 Reserved 9.12.030 Authority of Mayor or other official 9.12.040 Remaining in municipal public building when building closed a misdemeanor § 9.12.010 INTERFERENCE WITH CITY BUSINESS. Every person, except officers or employees of any governmental agency on official business, who willfully interferes with the good order, lawful conduct or administration of any municipal program or activity of the city, or with any city official in the performance of his or her duty, with the intent to disrupt, obstruct or to inflict damage to property or bodily injury upon any person, is guilty of a misdemeanor or an infraction which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 821, passed 8-9-1921; Ord. 3038, passed 12-23-1969; Ord. MC-460, passed 5-15-1985; Ord. MC-684, passed 11-22-1989) § 9.12.020 RESERVED. [Reserved] (Repealed by Ord MC-684, passed 11-22-1989) § 9.12.030 AUTHORITY OF MAYOR OR OTHER OFFICIAL. (A) The Mayor, or any officer or employee designated by him or her or law to maintain order in any building or facility owned or leased by the city, may notify a person, except any officer or employee of a governmental agency on official business, that consent to remain in building or facility has been withdrawn whenever there is reasonable cause to believe that such person has willfully disrupted conduct of activities of such building or facility and may direct such person to identify himself or herself and to leave the building. (B) Any person who has been directed to leave a city building or facility pursuant to division (A) above shall identify himself or herself to the officer by providing his or her full name, address and date of birth. Any person who refuses to identify himself or herself or who fails to immediately leave such building or facility or who willfully and knowingly re-enters such building or facility within 72 hours after being directed to leave is guilty of a misdemeanor or an infraction which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 821, passed 8-9-1921; Ord. 3038, passed 12-23-1969; Ord. MC-460, passed 5-15-1985; Ord. MC-684, passed 11-22-1989; Ord. MC-971, passed 6-4-1996) § 9.12.040 REMAINING IN MUNICIPAL PUBLIC BUILDING WHEN BUILDING CLOSED A MISDEMEANOR. (A) Any person, other than an authorized public officer or employee acting within the course and scope of his or her employment, who enters or remains in any municipal building or facility with the knowledge that such building or facility is closed to the public and who does not have the present consent of an official of the city for his or her presence in the building or facility, is guilty of a misdemeanor or an infraction, which, upon conviction thereof, is punishable in accordance with the provision of § 1.12.010. 7 Packet Page 924 San Bernardino - Public Peace, Morals and Welfare8 (B) For purposes of this section, the City Hall shall be open to the public for the transaction of business between the hours of 7:30 a.m. and 4:30 p.m. daily, except on Saturdays, Sundays and those city holidays designated by resolution of the Mayor and CommonCity Council. (C) Notwithstanding the foregoing provisions of this section, regular meeting rooms of the City Hall may be considered as open to the public during such times as regularly or specially called or scheduled meetings of the Mayor and CommonCity Council, and city boards, commissions and committees are called or held; provided, however, that only that portion of the City Hall shall be considered as open as is designated by the city as necessary to provide reasonable ingress and egress to the open and public meeting facilities; and all other portions of the City Hall shall remain and be considered as closed; provided, further, that the meeting facilities and access thereto and therefrom shall be considered as closed after the expiration of one-half hour from the time of the adjournment or termination of the meeting. (Ord. 821, passed 8-9-1921; Ord. 3520, passed 8-19-1975; Ord. 3920, passed 2-25-1980; Ord. MC-460, passed 5-15-1985; Ord. MC-684, passed 11-22-1989) Packet Page 925 CHAPTER 9.16: FALSE REPORTS Section 9.16.010 Prohibited acts 9.16.020 Violation - penalty § 9.16.010 PROHIBITED ACTS. It is unlawful for any person to willfully make to any police officer of the City Police Department any false, misleading or unfounded oral or written statement or report, knowing such statement or report to be false, misleading or unfounded, for the purpose of interfering with the operation of the Police Department or with the intention of misleading such police officer in the performance of his or her duties; provided, however, that this section is not applicable to a false report that a felony or misdemeanor has been committed, as covered by the provisions of Cal. Penal Code, § 148.5. (Ord. 2003, passed 11-17-1953; Ord. 2664, passed 4-13-1965; Ord. MC-460, passed 5-15-1985) § 9.16.020 VIOLATION - PENALTY. Any person, firm or corporation violating any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 2003, passed 11-17-1953; Ord. MC-460, passed 5-15-1985) 9 Packet Page 926 San Bernardino - Public Peace, Morals and Welfare10 Packet Page 927 ARTICLE II. OFFENSES AGAINST THE PERSON CHAPTER 9.20: LEG-HOLD TRAPS Section 9.20.010 Definition 9.20.020 Unlawful use § 9.20.010 DEFINITION. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. LEG-HOLD TRAP. Any device, snare or machine which shuts suddenly as with a spring, holding the leg of an animal, except mouse traps and rat traps. (Ord. 3896, passed 1-9-1980) § 9.20.020 UNLAWFUL USE. It is unlawful for any person, firm or corporation to set or use any leg-hold trap within the city limits. (Ord. 3896, passed 1-9-1980) 11 Packet Page 928 San Bernardino - Public Peace, Morals and Welfare12 Packet Page 929 ARTICLE III. OFFENSES AGAINST PUBLIC DECENCY CHAPTER 9.28: OFFENSES AGAINST PUBLIC DECENCY Section 9.28.010 Urination and defecation prohibited where 9.28.020 Masturbation prohibited where 9.28.030 Presence in public restroom where person masturbating prohibited 9.28.040 Violation - penalty § 9.28.010 URINATION AND DEFECATION PROHIBITED WHERE. It is unlawful for any person to urinate or defecate in any public park, street, alley, highway, public meeting, assembly or other public place, or in the immediate neighborhood thereof and in view from the same places; provided that this section shall not be applicable to the act of urinating or defecating in a proper receptacle in a restroom or bathroom in any enclosed structure. (Ord. 1657, passed 4-22-1941; Ord. 2552, passed 1-28-1964; Ord. MC-978, passed 8-6-1996) § 9.28.020 MASTURBATION PROHIBITED WHERE. It is unlawful for any person to masturbate in a public restroom or other public place. In order to establish the commission of the foregoing offense, it shall not be necessary to prove that the accused had an orgasm or an emission. (Ord. 1657, passed 4-22-1941; Ord. 2552, passed 1-28-1964) § 9.28.030 PRESENCE IN PUBLIC RESTROOM WHERE PERSON MASTURBATING PROHIBITED. No person shall knowingly be present in any public restroom where another person or persons are masturbating. (Ord. 1657, passed 4-22-1941; Ord. 2552, passed 1-28-1964) § 9.28.040 VIOLATION - PENALTY. Any person or persons violating any provision of this chapter is guilty of a misdemeanor or an infraction and, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 1657, passed 4-22-1941; Ord. 2552, passed 1-28-1964; Ord. MC-460, passed 5-15-1985; Ord. MC-978, passed 8-6-1996) 13 Packet Page 930 San Bernardino - Public Peace, Morals and Welfare14 Packet Page 931 CHAPTER 9.32: PUBLIC CONSUMPTION OF ALCOHOL Section 9.32.010 Definitions 9.32.015 Possession of open container, presumption of consuming alcohol 9.32.020 Consumption of alcoholic beverage unlawful where 9.32.030 Offering or furnishing alcoholic beverages for consumption unlawful where 9.32.040 Exceptions to public consumption 9.32.050 Violation a menace to safety of public 9.32.060 Violation - penalty § 9.32.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ALCOHOLIC BEVERAGE. Includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains 0.5% or more of alcohol by volume, and which is fit for beverage purposes, either alone or when diluted, mixed or combined with other substances. PUBLIC PARK, STREET, ALLEY, HIGHWAY or OTHER PUBLIC PLACE. Refers only to those public parks, streets, alleys, highways or other public places within the corporate limits of the city. (Ord. 1554, passed 10-22-1935; Ord. 3867, passed 9-18-1979) § 9.32.015 POSSESSION OF OPEN CONTAINER, PRESUMPTION OF CONSUMING ALCOHOL. For purposes of this chapter, any person possessing an open container containing an alcoholic beverage, and having an odor of alcoholic beverage on the person’s breath, is presumed to be drinking or consuming or attempting to drink or consume an alcoholic beverage at the place where such person is located. This presumption is a presumption affecting the burden of producing evidence, as that term is used in the Cal. Evidence Code, §§ 603 and 604. (Ord. 3867, passed 9-18-1979; Ord. MC-352, passed 3-7-1984) § 9.32.020 CONSUMPTION OF ALCOHOLIC BEVERAGE UNLAWFUL WHERE. It is unlawful for any person or persons to drink or consume, or attempt to drink or consume, any alcoholic beverages while such person or persons are in or upon any public park, street, alley, highway or other public place, except in or upon those public places where the drinking or consuming of alcoholic beverages is expressly permitted by law. (Ord. 1554, passed 10-22-1935) § 9.32.030 OFFERING OR FURNISHING ALCOHOLIC BEVERAGES FOR CONSUMPTION UNLAWFUL WHERE. It is unlawful for any person or persons while in or upon any public park, street, alley, highway or other public place, except in or upon those public places where the drinking or consuming of alcoholic beverages is expressly permitted by law, to offer or furnish or give, or cause to be offered or furnished or 15 Packet Page 932 San Bernardino - Public Peace, Morals and Welfare16 given, any alcoholic beverages to any other person or persons with the intention that such other person or persons shall drink or consume alcoholic beverages while such other person or persons are in or upon any public park, street, alley, highway or other public place, except in or upon these public places where the drinking or consumption of alcoholic beverages is expressly permitted by law. (Ord. 1554, passed 10-22-1935) § 9.32.040 EXCEPTIONS TO PUBLIC CONSUMPTION. The drinking or consumption and the offering, giving or furnishing of alcoholic beverages may be expressly permitted by written authorization from the City Administrator, or his or her designee, in any building, facility, park, street or other place owned, leased, operated or under the management and control of the city for special events, meetings, conferences or conventions; provided that such authorization shall be requested in writing and if granted, shall be subject to conditions and all rules, regulations and ordinances of the city; and further, provided that such permit may be modified or summarily revoked at any time by the Mayor, Council, City Administrator or Chief of Police without notice or hearing. (Ord. 1554, passed 10-22-1935; Ord. 3265, passed 5-5-1972; Ord. MC-207, passed 9-20-1982) § 9.32.050 VIOLATION A MENACE TO SAFETY OF PUBLIC. The violation of any of the provisions of §§ 9.32.020 to 9.32.040 is and constitutes a menace to the safety of the general public, injurious to the health, indecent, offensive to the senses and an obstruction to the use of public property so as to interfere with the comfort and enjoyment of such public property by the entire community and neighborhood and by a considerable number of persons therein. (Ord. 1554, passed 10-22-1935) § 9.32.060 VIOLATION - PENALTY. Any person or persons violating any provisions of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 1554, passed 10-22-1935; Ord. MC-352, passed 3-7-1984; Ord. MC-460, passed 5-15-1985) Packet Page 933 CHAPTER 9.36: RESERVED (Repealed by Ord. MC-165, passed 5-5-1982) 17 Packet Page 934 San Bernardino - Public Peace, Morals and Welfare18 Packet Page 935 CHAPTER 9.40: RESERVED (Repealed by Ord. MC-65, passed 6-19-1981) 19 Packet Page 936 San Bernardino - Public Peace, Morals and Welfare20 Packet Page 937 CHAPTER 9.44: GAMES OF CHANCE Section 9.44.010 Use of premises for certain games unlawful 9.44.020 Playing certain games for money unlawful 9.44.030 Violation - penalty Statutory reference: For provisions on gaming, see Cal. Penal Code, §§ 330 et seq. For provisions on lotteries, see Cal. Penal Code, §§ 319 et seq. § 9.44.010 USE OF PREMISES FOR CERTAIN GAMES UNLAWFUL. It is unlawful for any person, either as principal, agent, employee or otherwise, knowingly to permit any house, room, apartment or place owned by him or her or under his or her charge or control, to be used in whole or in part for playing, conducting, dealing or carrying on therein any game of chance not mentioned in the Cal. Penal Code, §§ 330 and 330a or other state law, with cards, dice, billiard balls, pool balls, cues, pins, checkers, counters, quoits, beans, spindles, tables, wheels or machines, or any other device, contrivance or apparatus, for money, checks, chips, credit or any other representative of value or for any merchandise or any other thing of value. (Ord. 536, passed 11-4-1913; Ord. 2643, passed 2-2-1965) Statutory reference: People v. Woodland (1956) 145 Cal. App. 2d 529, 531. § 9.44.020 PLAYING CERTAIN GAMES FOR MONEY UNLAWFUL. It is unlawful for any person to play or bet at or against, or as owner or employee to open, deal, play, carry on or conduct, any game of chance not mentioned in the Cal. Penal Code, §§ 330 or 330a or other state law, which is played, conducted, dealt or carried on with cards, dice, billiard balls, pool balls, cues, pins, checkers, counters, quoits, beans, spindles, tables, wheels, machines or any other device, contrivance or apparatus, for money, checks, chips, credit or any other representative of value or for any merchandise or any other thing of value. (Ord. 536, passed 11-4-1913; Ord. 2643, passed 2-2-1965) Statutory reference: People v. Woodland (1956) 145 Cal. App. 2d 529, 531 and 532. § 9.44.030 VIOLATION - PENALTY. Any person violating any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 536, passed 11-4-1913; Ord. MC-460, passed 5-15-1985) 21 Packet Page 938 San Bernardino - Public Peace, Morals and Welfare22 Packet Page 939 ARTICLE IV. OFFENSES AGAINST PUBLIC PEACE CHAPTER 9.48: SOUND-MAKING OR SOUND-AMPLIFYING DEVICES Section 9.48.010 Definitions 9.48.020 Unlawful noises 9.48.030 Applicability § 9.48.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. LOUD AND RAUCOUS NOISE. Any sound or any recording thereof when amplified or increased by any electrical, mechanical or other device to such volume, intensity or carrying power as to unreasonably interfere with the peace and quiet of other persons within or upon any one or more of such places or areas, or as to unreasonably annoy, disturb, impair or endanger the comfort, repose, health or safety of other persons within or upon any one or more of such places or areas. UNREASONABLY. Includes, but is not limited to, consideration of the hour, place, nature and circumstances of the emission or transmission of any such loud and raucous noise. (Ord. 821, passed 8-9-1921; Ord. 3858, passed 8-21-1979) § 9.48.020 UNLAWFUL NOISES. It is unlawful for any person to cause, allow or permit the emission or transmission of any loud or raucous noise from any sound-making or sound-amplifying device in his or her possession or under his or her control: (A) Upon any private property; (B) Upon any public street, alley, sidewalk, passageway or thoroughfare; or (C) In or upon any public park or other public place or property. (Ord. 821, passed 8-9-1921; Ord. 3858, passed 8-21-1979) § 9.48.030 APPLICABILITY. This chapter shall be applicable notwithstanding any other provision of law and shall be in addition and supplemental to any other provision of law. (Ord. 821, passed 8-9-1921; Ord. 3858, passed 8-21-1979) 23 Packet Page 940 San Bernardino - Public Peace, Morals and Welfare24 Packet Page 941 CHAPTER 9.49: RECREATIONAL ACTIVITIES - SHOPPING CENTERS Section 9.49.010 Definitions 9.49.020 Purpose and findings 9.49.030 Unlawful recreational activities 9.49.040 Permit for recreational activity 9.49.050 Violation - penalty § 9.49.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. RECREATIONAL ACTIVITY. Dancing, including “break dancing” and any similar recreational body or physical movements performed with or without the accompaniment of music, whether performed alone or by couples or groups, and other activities which attract spectators as an amusement or recreational audience or which are done as an exhibition or contest. REGIONAL SHOPPING CENTER. The Inland Shopping Center or the Central City Mall in the City of San Bernardino. (Ord. MC-355, passed 3-22-1984) § 9.49.020 PURPOSE AND FINDINGS. (A) It is the purpose of this chapter to permit the free passage of pedestrians in, and the unobstructed use of, regional shopping centers. (B) It is found that the following apply. (1) Regional shopping centers exist for the primary purpose of providing places for stores to sell merchandise or services to persons who wish to obtain such merchandise or services. (2) Such shopping centers are also visited by persons who are not transacting any business there, but who are engaging in recreational activities as defined herein. (3) Such recreational activities attract crowds of people which obstruct access to store entrances, impede the movement of pedestrians on stairs and passageways, harass and annoy shoppers on the premises, monopolize seating, damage landscaping and interfere with the conduct of legitimate businesses. (4) The city is expending public funds to maintain the vitality of commerce within the community and derives a large portion of its revenues from taxes on commercial activity. (5) The public areas of the Central City Mall are subject to contractual rights and non-exclusive easements for the benefit of the private property owners within the mall. (Ord. MC-355, passed 3-22-1984) § 9.49.030 UNLAWFUL RECREATIONAL ACTIVITIES. Except as authorized by permit, it is unlawful for any person or persons to engage in any recreational activity, as defined in § 9.49.010, whether performed alone or with another person or persons upon any public area or passageway of the enclosed area of any regional shopping center during the business hours of any commercial activity in such regional shopping center. (Ord. MC-355, passed 3-22-1984) § 9.49.040 PERMIT FOR RECREATIONAL ACTIVITY. 25 Packet Page 942 San Bernardino - Public Peace, Morals and Welfare26 Recreational or related activities, as defined herein, shall be authorized by a permit, and the City Administrator, or his or her designee, is authorized to issue permits for such recreational activities on any public area or passageway of the enclosed area of any regional shopping center upon completion and filing of an application on an approved city form. A permit shall be issued within three business days after receiving the application therefor upon the same terms and conditions as those imposed on any other user of the facilities and subject to comparable requirements contained in § 5.40.060(D), (E), (F), (G) or (K) relating to solicitations and upon other reasonable conditions as to time, place and manner. (Ord. MC-355, passed 3-22-1984) § 9.49.050 VIOLATION - PENALTY. Any person violating any of the provisions of Chapter 9.48 and this chapter shall be deemed guilty of an infraction, and, upon conviction thereof, shall be punished by a fine not exceeding the amounts set forth in § 1.12.030(B). (Ord. MC-355, passed 3-22-1984) Packet Page 943 ARTICLE V. OFFENSES AGAINST PROPERTY CHAPTER 9.52: TRESPASS Section 9.52.010 Definition 9.52.020 Unlawful trespass 9.52.030 Applicability 9.52.040 Posted boundary 9.52.050 Tearing down posted sign a misdemeanor when 9.52.060 Reserved 9.52.070 Remaining in certain places without consent of owner an infraction when - exception 9.52.080 Violation - penalty Statutory reference: For provisions on trespassing, see Cal. Penal Code, §§ 602 and 602.5. § 9.52.010 DEFINITION. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. POSTED PROPERTY. Any property, at each corner of which and at each entrance to which, and when at intervals of not more than 600 feet along or near the boundary thereof, and not less than three feet nor more than six feet above the normal ground level thereof, there is a sign of wood, metal or other material, the face of which is not less than two square feet in area, and upon which in legible letters, not less than three inches in height, either black against a white background or white against a black background, appear the words “no trespassing,” which sign may contain, in addition to said words, such other words as may be desired. (Ord. 1645, passed 8-20-1940) § 9.52.020 UNLAWFUL TRESPASS. It is unlawful for any person to enter into, upon, go across or remain in or upon the posted property of another without having upon his or her person the express written consent of the owner, tenant or person, firm or corporation in lawful possession or control thereof, if such property is used for or designed to be used for any one or more of the following purposes: the storage of dynamite, giant powder, gun powder or any inflammable or explosive substance; every railroad bridge, railroad tunnel, railroad track, railroad rights-of-way, railroad shops and railroad stations; every reservoir, dam, pumping station, power plant, generating plant, receiving station, distributing station and transmission line of any company or agency furnishing electrical energy; generating plant, compressor plant, gas holder, gas tank and gas main used for the production, storage and distribution of gas; every plant or vital part thereof essential to rendering telephone or telegraph service; every radio broadcasting plant and station; tanks and reservoirs used for the bulk treatment, bulk handling or bulk storage of petroleum or petroleum products; all public utility property; industrial plants; and any and all mechanical shops or businesses that are connected with the national defense or preparedness program; and any 27 Packet Page 944 San Bernardino - Public Peace, Morals and Welfare28 and all uses appurtenant or incident to any of the specified uses described in this section. (Ord. 1645, passed 8-20-1940) § 9.52.030 APPLICABILITY. This chapter does not apply to any entry in the course of duty of any duly authorized public officer, nor does it apply to the lawful use of any public highway, road or street, nor shall this chapter be so construed to prohibit the use of the public highways, roads or streets for the purpose of picketing. (Ord. 1645, passed 8-20-1940) § 9.52.040 POSTED BOUNDARY. The posted boundary of any area shall be a line running from sign to sign, and such line need not conform to the legal description of any lot, parcel or acreage of land. (Ord. 1645, passed 8-20-1940) § 9.52.050 TEARING DOWN POSTED SIGN A MISDEMEANOR WHEN. Every person is guilty of a misdemeanor who, without permission, tears down, defaces or destroys, or causes to be torn down, defaced or destroyed, any sign so placed or posted under the provisions of this chapter. (Ord. 1645, passed 8-20-1940) § 9.52.060 RESERVED. [Reserved] (Repealed by Ord. MC-460, passed 5-15-1985) § 9.52.070 REMAINING IN CERTAIN PLACES WITHOUT CONSENT OF OWNER AN INFRACTION WHEN - EXCEPTION. (A) It is unlawful for any person, other than a public officer or employee acting within the course and scope of his or her employment, to enter or remain upon any motor vehicle parking lot, motor vehicle parking structure or facility, drive-in property, shopping center property or any other place or property open to the public, without the implied or express consent of the owner, his or her agent or person in lawful possession thereof, or with the knowledge that such consent has been withdrawn. (B) This section shall not apply in any of the following instances: (1) Where its application is directly related to an act prohibited by the Unruh Civil Rights Act or other law relating to prohibited discrimination against any person on account of sex, color, race, religion, creed, ancestry or national origin; (2) Where its application involves or is directly related to an act prohibited by the Cal. Penal Code, § 365 or other law relating to the duties of innkeepers or common carriers; or (3) Where the property described in division (A) above is owned, leased or operated by the city or any other public entity and is open to the public and the application of this section would result in an interference with or inhibition of the exercise of a constitutionally protected right of freedom of speech; provided the exercise of such right does not involve prohibited conduct, including, but not limited to, conduct prohibited by the Cal. Penal Code, §§ 647(2) or 415 or any law or ordinance relating to the Packet Page 945 Trespass 29 obstruction of any street, sidewalk or other public place or place open to the public. (Ord. 821, passed 8-9-1921; Ord. 3465, passed 12-17-1974; Ord. MC-460, passed 5-15-1985) Statutory reference: Unruh Civil Rights Act, see Cal. Civil Code, § 51 § 9.52.080 VIOLATION - PENALTY. Any person who violates any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. MC-460, passed 5-15-1985) Packet Page 946 San Bernardino - Public Peace, Morals and Welfare30 Packet Page 947 CHAPTER 9.56: MOTOR VEHICLE TRESPASS Section 9.56.010 Prohibited acts § 9.56.010 PROHIBITED ACTS. (A) It is unlawful for any person to drive a motorcycle or a motor driven vehicle or any other motor vehicle on any lands under cultivation or enclosed by a fence, belonging to or occupied by another, or to drive such motor vehicle on any uncultivated or unenclosed land where signs forbidding trespass are displayed at intervals not greater than one-third of a mile along all exterior boundaries and along all roads and trails entering such lands, without having and, upon request of a peace officer, displaying written permission from the owner of such lands, or his or her agent, or the person in lawful possession thereof; provided, however, that this section does not apply to persons having visible or lawful business with the owner, agent or person in lawful possession. Such signs forbidding trespass may be of any size and wording which will fairly advise persons that the use of the land is so restricted. (B) Any person so driving a motorcycle or a motor driven vehicle or any other motor vehicle on such lands who has knowledge, actual or constructive, that trespass signs have previously been so displayed and have been removed or destroyed without the consent of the owner of such lands, his or her agent or the person in lawful possession thereof shall be in violation of this section even though the trespass signs are not then in place. (Ord. 821, passed 8-9-1921; Ord. 3095, passed 8-11-1970; Ord. MC-460, passed 5-15-1985) 31 Packet Page 948 San Bernardino - Public Peace, Morals and Welfare32 Packet Page 949 CHAPTER 9.58: PRIVATE SURVEILLANCE EQUIPMENT Section 9.58.010 Purpose 9.58.020 Private surveillance equipment 9.58.030 Location of private surveillance equipment 9.58.040 Positioning of private surveillance equipment 9.58.050 Penalty 9.58.060 Severability § 9.58.010 PURPOSE. This chapter is intended to prohibit intrusion upon the privacy of citizens in the use of residential property, without impairing the rights of other citizens to protect their own property through the use of private surveillance equipment. § 9.58.020 PRIVATE SURVEILLANCE EQUIPMENT. As used in this chapter, private surveillance equipment includes any device used by a private party that enables the user to observe or record the activities of, or hear or intercept the communications of, other persons. § 9.58.030 LOCATION OF PRIVATE SURVEILLANCE EQUIPMENT. No private surveillance equipment, as defined in § 9.58.020, shall be located on any property that the owner of the equipment does not own or have the legal right to possess. § 9.58.040 POSITIONING OF PRIVATE SURVEILLANCE EQUIPMENT. (A) No private surveillance equipment shall be positioned in such a way as to intrude upon the privacy of the occupier(s) of any residential property other than the user’s property. (B) Circumstances in which such an intrusion shall be deemed to occur are any one or more of the following: (1) The equipment is positioned so as to enable the user to observe, or to receive or capture a visual image of any part of the other property that is not readily visible from the public right-of-way; (2) The equipment is positioned so as to enable the user to hear or intercept communications occurring on the other property that is not readily audible from outside the property without artificial amplification; (3) The equipment is positioned so as to maintain under continual surveillance any part of the other property, whether or not that part of the property is visible from the public right-of-way. As used in this provision, CONTINUAL SURVEILLANCE means any surveillance that lasts for more than 30 seconds at a time; 33 Packet Page 950 San Bernardino - Public Peace, Morals and Welfare34 (4) The equipment is positioned in such a way that the surveillance it provides is primarily surveillance of the other property and not of the user’s property; and (5) Any other circumstance in which the use of the equipment constitutes: (a) Intrusion into a private place, conversation or matter; and (b) In a manner highly offensive to a reasonable person. Statutory reference: Shulman v. Group W Productions, Inc. (1998) 18 Cal. 4th 200, 231, 74 Cal. Rptr. 2d 843, 955 P. 2d 469. § 9.58.050 PENALTY. A violation of this chapter is a misdemeanor or an infraction and is punishable under Chapter 1.12 or Chapter 9.93 or under both of those chapters. § 9.58.060 SEVERABILITY. The provisions of this chapter are severable, and if any provision is held to be invalid, the validity of the remaining provisions shall not be affected. (Ord. MC-1314, passed 9-22-2009) Packet Page 951 CHAPTER 9.60: PROHIBITION AGAINST CERTAIN FORMS OF AGGRESSIVE SOLICITATION Section 9.60.010 Definitions 9.60.020 Aggressive solicitation prohibited 9.60.030 All solicitation prohibited at specified locations 9.60.040 Penalty 9.60.050 Severability 9.60.060 Saving clause 9.60.070 Non-exclusivity § 9.60.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. PUBLIC PLACE. A place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground and any doorway, entrance, hallway, lobby and other portion of any business establishment, an apartment house or hotel not constituting a room or apartment designed for actual residence. SOLICIT, ASK or BEG. Using the spoken, written or printed word, or bodily gestures, signs or other means, with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services. § 9.60.020 AGGRESSIVE SOLICITATION PROHIBITED. (A) No person shall solicit, ask or beg in an aggressive manner in any public place. (B)AGGRESSIVE MANNER shall mean any of the following: (1) Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to: (a) Fear bodily harm to oneself or to another, damage to or loss of property; or (b) Otherwise be intimidated into giving money or other thing of value. (2) Intentionally touching or causing physical contact with another person or an occupied vehicle without that person’s consent in the course of soliciting, asking or begging; (3) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact; 35 Packet Page 952 San Bernardino - Public Peace, Morals and Welfare36 (4) Using violent or threatening gestures toward a person solicited either before, during or after soliciting, asking or begging; (5) Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or (6) Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during or after solicitation. § 9.60.030 ALL SOLICITATION PROHIBITED AT SPECIFIED LOCATIONS. (A)Banks and ATMs. (1)Prohibition. No person shall solicit, ask or beg within 15 feet of any entrance or exit of any bank, savings and loan association, credit union or check cashing business during its business hours or within 15 feet of any automated teller machine during the time it is available for customers’ use. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. Provided, further, that no person shall solicit, ask or beg within an automated teller machine facility where a reasonable person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in possession of such facility. Nothing in this division (A) shall be construed to prohibit the lawful vending of goods and services within such areas. (2)Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AUTOMATED TELLER MACHINE. Any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit or convenience account. AUTOMATED TELLER MACHINE FACILITY. The area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours. BANK. Any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank or other banking institution organized or operated under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation. CHECK CASHING BUSINESS. Any person duly licensed as a check seller, bill payer or prorater, pursuant to the Cal. Financial Code, Division 3, commencing with § 12000. CREDIT UNION. Any federal credit union and any state chartered credit union the accounts of which are insured by the administrator of the National Credit Union Administration. S A V I N G S A N D L O A N ASSOCIATION. Any federal savings and loan association and any insured institution, as defined in § 401 of the National Housing Act, as amended, and any federal credit union, as defined in § 2 of the Federal Credit Union Act. (3)Exemptions. The provisions of this division (A) shall not apply to any unenclosed automated teller machine located within any building, structure or space whose primary purpose or function is unrelated to banking activities, including, but not limited to, supermarkets, airports and school buildings; provided that such automated teller machine shall be available for use only during the regular hours Packet Page 953 Prohibition Against Certain Forms of Aggressive Solicitation 37 of operation of the building, structure or space in which such machine is located. (B)Motor vehicles and parking lots. (1)Motor vehicles. No person shall approach an operator or occupant of a motor vehicle for the purpose of soliciting, asking or begging while such vehicle is located in any public place. (2)Parking lots. (a) No person shall solicit, ask or beg in any public parking lot or structure any time after dark. (b)AFTER DARK means any time from one-half hour after sunset to one-half hour before sunrise. (3)Exemptions. This division (B) shall not apply to any of the following: (a) Solicitations related to business which is being conducted on the subject premises by the owner or lawful tenants; (b) Solicitations related to the lawful towing of a vehicle; or (c) Solicitations related to emergency repairs requested by the operator or other occupant of a vehicle. (C)Public transportation vehicles. (1)PUBLIC TRANSPORTATION VEHICLE shall mean any vehicle, including a trailer bus, designed, used or maintained for carrying ten or more persons, including the driver; or a passenger vehicle designed for carrying fewer than ten persons, including the driver, and used to carry passengers for hire. (2) Any person who solicits, asks or begs in any public transportation vehicle is guilty of a violation of this section. Statutory reference: Federal Credit Union Act, see 12 U.S.C. § 1752 § 9.60.040 PENALTY. A violation of this chapter is punishable as a misdemeanor or infraction, chargeable at the City Attorney’s discretion. § 9.60.050 SEVERABILITY. The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, division, section or portion of this chapter, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances. § 9.60.060 SAVING CLAUSE. Should this chapter be stricken, enjoined or suspended by any court of law, the provisions of § 5.04.360, which were made inoperable by this chapter, will be automatically reenacted as of the date this chapter was stricken, enjoined or suspended. § 9.60.070 NON-EXCLUSIVITY. Nothing in this chapter shall limit or preclude the enforcement of other applicable laws. (Ord. MC-1186, passed 10-5-2004) Packet Page 954 San Bernardino - Public Peace, Morals and Welfare38 Packet Page 955 CHAPTER 9.62: MEDIAN ISLAND SAFETY Section 9.62.010 Declaration of purpose of median islands 9.62.020 Definitions 9.62.030 Prohibition of lingering, solicitation or loitering on median islands 9.62.040 Signs or other objects prohibited 9.62.050 Distribution or exchange of objects prohibited 9.62.060 Exceptions 9.62.070 Violation 9.62.080 Severability Editor’s note: This chapter is added by Ord. MC-1419, passed 12-7-2015. § 9.62.010 DECLARATION OF PURPOSE OF MEDIAN ISLANDS. The City Council declares the purpose of median islands within city streets is as follows: (A) To promote safety by separation vehicular traffic traveling in one direction from vehicular traffic traveling in the opposite direction; (B) To promote safety by providing a place of safety and respite for pedestrians while crossing city streets at intersections and other approved crossings, particularly for the elderly and disabled who may need additional time to safely cross city streets that traffic signals allow; and (C) To improve the visual appeal of city streets. (Ord. MC-1419, passed 12-7-2015) § 9.62.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. LINGER. Remaining in a median island longer than two traffic signal cycles, except in an emergency. LOITERING. Standing or lingering in a median island for any purpose other than to safely and lawfully cross the street, except in an emergency. MEDIAN ISLAND. A paved or planted area separating a street or highway, into two or more lanes or directions of travel, excluding transit stations that are situated between lanes of travel. SOLICIT. Any request made in person seeking an immediate request for or donation of money, food, cigarettes or any other items of value, or for the purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation. SOLICIT also means any verbal request, or any non-verbal request made with a sign, by a person seeking an immediate donation of money, food, cigarettes or any other items of value or the request that items be purchased for any goods, wares or merchandise or any article to be delivered in the future, or for services to be performed in the future, or for making, manufacturing or repairing any article whatsoever for future delivery, or for subscriptions to periodicals or tickets of admission to entertainments or memberships in any clubs. (Ord. MC-1419, passed 12-7-2015) 39 Packet Page 956 San Bernardino - Public Peace, Morals and Welfare40 § 9.62.030 PROHIBITION OF LINGERING, SOLICITATION OR LOITERING ON MEDIAN ISLANDS. It shall be unlawful for any person to linger, solicit or loiter on a median island within the city. (Ord. MC-1419, passed 12-7-2015) § 9.62.040 SIGNS OR OTHER OBJECTS PROHIBITED. No person shall bring any sign, material or other object on the median island that will obstruct any traffic signal light or extend into a traffic lane or obscure any traffic sign on a median island. No person, sign, material or other object on the median island shall obstruct any traffic signal light or extend into a traffic lane or obstruct a traffic sign on such a median island. (Ord. MC-1419, passed 12-7-2015) § 9.62.050 DISTRIBUTION OR EXCHANGE OF OBJECTS PROHIBITED. No person, while standing on a median island or by stepping off a median island, shall exchange any object with an occupant of a motor vehicle. (Ord. MC-1419, passed 12-7-2015) § 9.62.060 EXCEPTIONS. (A) This chapter shall not apply to freeway oriented solicitation prohibited by Cal. Vehicle Code, § 22520.5. (B) This chapter shall not apply to those persons occupying a median while conducting activities related to maintenance, surveying, construction, landscape maintenance, landscape improvements, law enforcement, responding to an emergency or as otherwise permitted by law. (Ord. MC-1419, passed 12-7-2015) § 9.62.070 VIOLATION. A violation of this chapter is an infraction or misdemeanor, punishable in accordance with § 1.12.010. In addition, the City Attorney shall also have the power to see injunctive relief for any violation of this chapter. (Ord. MC-1419, passed 12-7-2015) § 9.62.080 SEVERABILITY. If any section, division, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted this chapter, and each section, division, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, divisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. (Ord. MC-1419, passed 12-7-2015) Packet Page 957 CHAPTER 9.64: FAKE SALES Section 9.64.010 Defined 9.64.020 Unlawful acts 9.64.030 Violation - penalty § 9.64.010 DEFINED. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. FAKE SALE. (1) The sale of goods, wares or merchandise at auction or otherwise to agents or other persons purchasing the same for or on behalf of the owner or other person interested in the sale thereof; (2) The sale of goods, wares or merchandise or the offering of goods, wares or merchandise for sale in limited quantity or quantities of less than the full amount of such merchandise owned or carried in stock by the person, firm or corporation offering the same for sale; (3) The offering for sale of goods, wares or merchandise of a different quality, brand or bearing a different trademark as a substitute for merchandise previously advertised for sale; (4) The sale of any goods, wares or merchandise misrepresented as to quantity or quality or otherwise; and (5) The sale or offering for sale of any goods, wares and merchandise transported or brought into the city, or not constituting the original legitimate stock of goods, wares and merchandise of a place of business within the city, as the original and legitimate stock of goods, wares and merchandise of such place of business, at a bankrupt, insurance, mortgage, insolvency, assignee’s, receiver’s, trustee’s, creditor’s, executor’s or administrator’s forced removal or closing-out sale, or the sale of goods damaged by fire, smoke or water or otherwise, in the city. Nothing in this section shall be deemed to prevent, nor shall it be considered unlawful, to sell the original stock of goods, wares and merchandise of such place of business at a bankrupt, insurance, mortgage, insolvency, assignee’s, receiver’s, trustee’s, creditor’s, executor’s or administrator’s forced removal or closing-out sale, but the bringing of new stock into the city or the adding of new stock to such original stock of goods, wares and merchandise and selling or offering to sell such new stock or added stock as the original stock of such goods, wares and merchandise at the place of business at any of the sales described above, is unlawful and a fake sale within the meaning of this chapter. (Ord. 1492, passed 6-21-1932) § 9.64.020 UNLAWFUL ACTS. It is unlawful for any person, firm or corporation to conduct, make or advertise any fake sale of goods, wares or merchandise within the city. (Ord. 1492, passed 6-21-1932) § 9.64.030 VIOLATION - PENALTY. Any person, firm or corporation violating any provision of this chapter, or doing any act declared to be unlawful in this chapter, is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 1492, passed 6-21-1932; Ord. MC-460, passed 5-15-1985) 41 Packet Page 958 San Bernardino - Public Peace, Morals and Welfare42 Packet Page 959 ARTICLE VII. OFFENSES BY OR AGAINST MINORS CHAPTER 9.68: CURFEW - MINORS Section 9.68.010 Definitions 9.68.020 Offenses 9.68.030 Defenses 9.68.040 Enforcement 9.68.050 Penalties 9.68.060 Cost recovery § 9.68.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CURFEW HOURS. (1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; (2) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday; and (3) The period from 8:00 p.m. on the evening of the city’s sponsored Market Night(s), until 6:00 a.m. the following day, within the Market Night outdoor area and all public property located within 20 feet of the Market Night outdoor area. For purposes of this chapter, the MARKET NIGHT OUTDOOR AREA is defined as that portion of Perris Hill Park, located between the Flood Control Channel and Perris Hill Park Road on the west and Elks Drive on the east, between Highland Avenue on the north and all of the small mountain known as Perris Hill on the south, located west of an imaginary line extended due south over said Perris Hill from the point where the southernmost end of Elks Drive becomes a private road, to the foot of Perris Hill on said hill’s south side and extending to Perris Hill Park Road. EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster or automobile accident, or any situation requiring immediate action to prevent great bodily injury or loss of life. ESTABLISHMENT. Any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment. GREAT BODILY INJURY. Bodily injury that creates a significant or substantial physical injury. GUARDIAN. (1) A person who, under court order, is the guardian of the person of a minor; or (2) A public or private agency with whom a minor has been placed by a court. MINOR. Any person under 18 years of age. OPERATOR. Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. PARENT. A person who is: (1) A natural parent, adoptive parent or step-parent of another person; or 43 Packet Page 960 San Bernardino - Public Peace, Morals and Welfare44 (2) At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor. PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, sidewalks, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops. REMAIN. To: (1) Linger or stay; or (2) Fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises. (Ord. 1915, passed 5-22-1951; Ord. MC-866, passed 4-6-1993; Ord. MC-995, passed 6-17-1997; Ord. MC-1224, passed 5-16-2006) § 9.68.020 OFFENSES. (A) A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the city during curfew hours. (B) A parent or guardian of a minor commits an offense if he or she knowingly permits or, by insufficient control, allows the minor to remain in any public place or on the premises of any establishment within the city during curfew hours. (C) The owner, operator or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours. (Ord. MC-866, passed 4-6-1993; Ord. MC-995, passed 6-17-1997) § 9.68.030 DEFENSES. (A) It is a defense to prosecution under § 9.68.020 that the minor was: (1) Accompanied by the minor’s parent or guardian; (2) On an errand at the direction of the minor’s parent or guardian, without any detour or stop; (3) In a motor vehicle involved in interstate travel; (4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (5) Involved in an emergency; (6) On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor’s presence; (7) Attending an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor; (8) Exercising First Amendment rights protected by the U.S. and California Constitutions, such as the free exercise of religion, freedom of speech and the right of assembly; or (9) Married or had been married or had disabilities of minority removed in accordance with Cal. Family Code, § 7002. (B) It is a defense to prosecution under § 9.68.020(C) that the owner, operator or employee of an establishment promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave. (Ord. MC-866, passed 4-6-1993; Ord. MC-995, passed 6-17-1997) Packet Page 961 Curfew - Minors 45 § 9.68.040 ENFORCEMENT. Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in § 9.68.030 is present. (Ord. MC-866, passed 4-6-1993; Ord. MC-995, passed 6-17-1997) § 9.68.050 PENALTIES. A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each violation of this chapter is a misdemeanor. (Ord. MC-866, passed 4-6-1993; Ord. MC-995, passed 6-17-1997) § 9.68.060 COST RECOVERY. (A) Pursuant to the authority of the Cal. Welfare and Institutions Code, § 625.5, and when based on a finding of civil liability or a criminal conviction for a subsequent violation of § 9.68.020, when a minor under 18 years of age is detained for a period of time in excess of one hour for a violation of § 9.68.020 and said detention requires the supervision of the minor by employee(s) of the San BernardinoCity Police Department, the parent(s) or legal guardian(s) having custody or control of said minor shall be jointly and severally liable for the cost of providing said supervision and transportation for that minor; provided that they shall have first received a written warning for a first violation of § 9.68.020, indicating that recovery of administrative and transportation costs may be sought upon a second violation. Such costs sought shall be based upon the “San Bernardino Police Department Extraordinary Law Enforcement Fee Rate Schedule.” Cal. Welfare and Institutions Code, § 625.5(d) mandates parents or legal guardians to sign and return the warning notification for any such first offense of § 9.68.020 committed by any minor. A space will be provided for the explanation of any circumstances relevant to an applicable exemption from the fee as provided by Cal. Welfare and Institutions Code, § 625.5(e). (B) As determined by the Chief of Police, or his or her designee, the minor, the parent(s) or legal guardian(s) of a minor violating § 9.68.020 may be assessed and billed for the cost of providing personnel for services relating to the detention, processing or supervision of the minor beyond those services normally provided by the Police Department. The Chief of Police, or his or her designee, may waive payment of all or part of the charges if the determination is made that the person has made reasonable efforts to exercise the Supervision and control over the minor; if the determination is made that neither the minor, the parent(s) or the guardian(s) have the ability to pay the charges; if the determination is made to allow the performance of community service in lieu of imposition of the fee or if the determination is made that the parent(s); or legal guardian(s) have limited physical or legal custody and control of the minor. (C) Any person receiving a bill for police services pursuant to this section may, within ten days after the date of the bill, file a written appeal with the City Clerk. Any billing sent pursuant to this section shall notify the billed party of the right to appeal said charges. The city official designated by the Mayor, or his or her designee, shall hear such appeal as the hearing officer. Such hearing shall be informal and shall not be bound by the formal rules of evidence. The hearing officer may waive payment of the charges in full or in part upon a finding of good cause. Within 30 days after the hearing, the hearing officer shall give written notice of the decision to the appellant. The requirement to pay the charges shall be stayed during the pendency of the appeal if the appeal is denied in part or in full, all amounts due to the city shall be paid within 30 days of the notice of the decision of the hearing officer. (Ord. 1915, passed 5-22-1951; Ord. MC-460, passed 5-15-1985; Ord. MC-866, passed 4-6-1993; Ord. MC-967, passed 5-21-1996; Ord. MC-995, passed 6-17-1997) Packet Page 962 San Bernardino - Public Peace, Morals and Welfare46 Packet Page 963 CHAPTER 9.69: DAYTIME LOITERING Section 9.69.010 Schools hours 9.69.020 Exceptions 9.69.030 Enforcement 9.69.040 Violation § 9.69.010 SCHOOLS HOURS. (A)Minors on public streets. It is unlawful for any minor under the age of 18 years, who is subject to compulsory education or compulsory continuation education to be or remain in or upon public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings, school property to which they are not assigned, places of amusement and eating places, vacant lots or any unsupervised place during the hours for which said minor is normally assigned to his or her school on days when said school is in session. (B)Responsibility of parents, guardians and the like. It is unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of 18 years, who is subject to compulsory education or to compulsory continuation education, to permit the minor alone or in concert with others, to be or remain in or upon the public streets, highways, roads, alleys, parks, playgrounds, parking areas or other public grounds, public places, places of amusement and eating places, vacant lots or other unsupervised places, or any place open to the public between the hours of 8:30 a.m. and 2:30 p.m. of the same day on days when said minor’s school is in session. § 9.69.020 EXCEPTIONS. The provisions of § 9.69.010 shall not apply: (A) To a minor who is accompanied by his or her parent, legal guardian or other adult person having care or custody of the minor; (B) To students who have permission to leave school campus for lunch or school related activity and have in their possession a valid school-issued written notice by a school official, but only for a reasonable period of time necessary for the lunch or activity; (C) To a minor who is going to or coming from his or her gainful place of employment or medical or dental appointment with verification of said employment or appointment; (D) To a minor who is upon an emergency errand directed by his or her parents, guardian or other adult person having the care and custody of the minor; (E) To a minor who is going directly to or from a school sponsored event or activity such as a sporting event, field trip or other such school activity; or (F) To a minor who is going directly to or from an event or activity that is directly related to any medical condition of a parent, guardian or other adult person having the care and custody of the minor. § 9.69.030 ENFORCEMENT. Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place during school hours. The officer shall not issue a citation or make an arrest under this section unless the 47 Packet Page 964 San Bernardino - Public Peace, Morals and Welfare48 officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, and no exception enumerated in § 9.69.020 is present. § 9.69.040 VIOLATION. Each violation of this chapter is a misdemeanor. (Ord. MC-996, passed 6-17-1997) Packet Page 965 CHAPTER 9.70: PROTECTION OF MINORS Section 9.70.010 Requirement 9.70.020 Segregation 9.70.030 Violation § 9.70.010 REQUIREMENT. Any person who knowingly displays material which is harmful to minors, as defined in Cal. Penal Code, § 313, in a public place, other than a public place for which minors are excluded, shall place devices commonly known as blinder racks in front of the material, so that the lower two-thirds of the material is not exposed to view. (Ord. MC-797, passed 7-2-1991) § 9.70.020 SEGREGATION. (A) This section shall not apply to harmful matter, as defined in Cal. Penal Code, § 313. (B) Any person who knowingly displays, sells or offers to sell in a public place, other than a public place from which minors are excluded, any book, magazine or other publication or matter which depicts any photograph or pictorial representation of any of the anatomical parts of a person’s genitals or anus, or any act of sexual intercourse, oral copulation, sodomy, masturbation or bestiality, whether actual or simulated, when, to the average adult person applying contemporary community standards, such photograph or pictorial representation has as its primary purpose, design or effect sexual arousal, gratification or affront shall segregate such material from the other material sold or displayed away from the view and access of minors into an area to which only adults are admitted, and shall clearly label such segregated area as “Adults Only.” (C) It shall be unlawful to allow minors access or entry to such “Adults Only” areas unless accompanied by a parent or guardian. (D) It shall be unlawful to display, sell or offer to sell to any minor the material described in division (B) above, unless such minor is accompanied by a parent or guardian. (E) This section shall not apply to nor require the segregation of news racks. (Ord. MC-797, passed 7-2-1991) § 9.70.030 VIOLATION. Violation of this chapter is a misdemeanor. (Ord. MC-643, passed 11-22-1988; Ord. MC-797, passed 7-2-1991) 49 Packet Page 966 San Bernardino - Public Peace, Morals and Welfare50 Packet Page 967 ARTICLE VIII. WEAPONS CHAPTER 9.80: CONCEAL WEAPONS Section 9.80.010 Definition 9.80.015 Carrying a weapon in plain view prohibited 9.80.020 Reserved 9.80.030 Reserved 9.80.040 Reserved 9.80.050 Exemption 9.80.060 Violation - penalty Statutory reference: For provisions on concealed weapons, see Cal. Penal Code, §§ 1200012001 et seq. § 9.80.010 DEFINITION. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. DANGEROUS or DEADLY WEAPON. Any knife, dirk or dagger with a fixed blade four inches or more in length; any ice pick or similar sharp stabbing tool with a fixed blade four inches or more in length; or any straight-edge razor or any razor blade four inches or more in length fitted to a handle. (Ord. MC-651, passed 2-7-1989) § 9.80.015 CARRYING A WEAPON IN PLAIN VIEW PROHIBITED. It is unlawful for any person to carry on his or her person in plain view, including, but not limited to, carrying in sheaths openly suspended from the waist of the wearer, any deadly or dangerous weapon, as defined in § 9.80.010. (Ord. MC-651, passed 2-7-1989) § 9.80.020 RESERVED. [Reserved] (Repealed by Ord. MC-651, passed 2-7-1989) § 9.80.030 RESERVED. [Reserved] (Repealed by Ord. MC-651, passed 2-7-1989) § 9.80.040 RESERVED. [Reserved] (Repealed by Ord. MC-651, passed 2-7-1989) § 9.80.050 EXEMPTION. Section 9.80.015 shall not apply to the carrying of tools or equipment for use in a lawful occupation or for the purpose of lawful recreation. (Ord. MC-651, passed 2-7-1989) § 9.80.060 VIOLATION - PENALTY. Any person violating any provision of this chapter is guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with provisions of § 1.12.010. (Ord. MC-651, passed 2-7-1989) 51 Packet Page 968 San Bernardino - Public Peace, Morals and Welfare52 Packet Page 969 CHAPTER 9.84: PROJECTILES Section 9.84.010 Unlawful discharge 9.84.020 Violation - penalty 9.84.030 Firearm - defined 9.84.040 Exemptions Statutory reference: For provisions on the discharge of firearms at inhabited buildings, see Cal. Penal Code, § 246. § 9.84.010 UNLAWFUL DISCHARGE. It is unlawful to discharge an instrument of any kind or description which throws a bullet or missile for any distance by means of the elastic force of air or other explosive substance, including, but not limited to, weapons using air or carbon dioxide (CO2) to propel a bullet or missile and firearms, except in a regularly licensed and approved shooting gallery or rifle range for which a permit has been issued by the Mayor and CommonCity Council or except as otherwise authorized and permitted by law. (Ord. 821, passed 8-9-1921; Ord. 2939, passed 9-11-1968) § 9.84.020 VIOLATION - PENALTY. Any person violating any provision of this chapter is guilty of a misdemeanor which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010, except that any person violating any provision of this chapter using a firearm, upon conviction thereof, shall be punished by confinement in the county jail for at least two days in addition to any fine imposed. If probation is granted upon the conviction of any person using a firearm, a term of probation shall be minimum of two days’ confinement in the county jail in addition to any fine imposed. (Ord. MC-619, passed 3-8-1988) § 9.84.030 FIREARM - DEFINED. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. FIREARM. Shall include any device designed to be used as a weapon, from which is expelled a projectile by the force of any explosion, or other form of combustion, and shall include any rocket, rocket-propelled projectile, launcher or similar device containing any explosive or incendiary material whether or not such device is designed for emergency or distress signaling purposes, excluding model rockets. (Ord. MC-619, passed 3-8-1988) § 9.84.040 EXEMPTIONS. Law enforcement officials, while in the performance of their duties, are exempt from this chapter. (Ord. MC-1109, passed 12-4-2001) 53 Packet Page 970 San Bernardino - Public Peace, Morals and Welfare54 Packet Page 971 CHAPTER 9.90: AUTHORITY TO ARREST - CITATIONS Section 9.90.010 Arrest - citation § 9.90.010 ARREST - CITATION. (A) Pursuant to the Cal. Penal Code, §§ 836.5, 853.5 and 853.6, the employees, as listed in each division herein, are authorized and empowered to arrest and issue notices to appear for violations of the provisions of the municipal code as hereinafter set forth. (1) Security guard personnel, who shall be off-duty or retired police officers or reserve police officers, employed by the City Economic Development Agency, pursuant to an agreement between said Agency and the city, relating to a security guard program, are authorized and empowered to arrest and issue notices to appear for violations of the provisions of the municipal code for incidents arising in the Carousel Mall and public areas in, adjacent to or immediately surrounding said mall, or other areas pursuant to an agreement between said Agency and the city. (2) Community service officers are authorized and empowered to arrest and issue notices to appear for violations of the provisions of this code and state statutes pursuant to Cal. Penal Code, § 836.5. (3) The Director of Development Services, City Planners, Senior Planners, Associate Planners and Assistant Planners are authorized and empowered to issue notices to appear for violations of the provisions of Title 19 and Chapters 8.36 and 10.16. (4) The Director of Water Reclamation, environmental control representative and environmental control technicians are authorized and empowered to issue notices to appear for violations of Chapter 13.32. (5) The Director of Development Services, or his or her designees, or City Engineer, or his or her designees, are authorized and empowered to issue notices to appear for violations of the municipal code and all other codes incorporated herein by reference. (6) The City Attorney investigators are authorized and empowered to arrest and issue notices to appear for violations of this code and state statutes pursuant to Cal. Penal Code, § 836.5; and are authorized upon approval of the Director of Code Compliance to examine, give notice of, post, secure and abate all nuisances pursuant to Chapters 15.28 and 8.30. (7) The Director of Animal Control, animal license checkers, animal shelter attendants and animal health technicians are authorized and empowered to issue notices to appear for violations of Title 6, §§ 5.04.497 and 12.44.070. Animal control officers are empowered to arrest and issue notices to appear, pursuant to the California Penal Code, § 830.9. (8) The Director of Code Compliance, and his or her designees, are authorized and empowered to issue “notices to appear” for violations of the municipal code, and all other codes incorporated herein by reference. (9) The Director of Parks, Recreation and Community Services, and his or her designees, are authorized and empowered to issue “notices to appear” for violations of Chapter 12.98. (10) Security guard personnel, who shall be off-duty, reserve or retired police officers employed by the Inland Valley Development Agency 55 Packet Page 972 San Bernardino - Public Peace, Morals and Welfare56 (“Agency”), pursuant to an agreement between said Agency and the city, relating to a security guard program, and who are under direct supervision of the City Police Department, are authorized and empowered to arrest and issue notices to appear for violations of the municipal code for incidents arising on the former Norton Air Force Base property now owned and operated by the Inland Valley Development Agency bounded on the north by Third Street, on the south by Central Avenue, on the west by Lena Road and on the east by Palm Avenue. (11) Parking district security officers, who shall be retired police officers or reserve police officers, employed by the City Facilities Management Department are authorized and empowered to arrest and issue notices to appear for violations of the provisions of this code and state statutes pursuant to Cal. Penal Code, § 836.5. (12) The San Bernardino Community College Police, who are peace officers, as defined by the Cal. Penal Code, § 830.32, are authorized and empowered to arrest and issue citations for violations of the provisions of Titles 8 and 9, on or near the campus of the community college and on or near other grounds or properties owned, operated, controlled or administered by the community college or by the state acting on behalf of the community college. (13) The California Highway Patrol, who are peace officers, as defined by the Cal. Penal Code, § 830.2(a), are authorized and empowered to arrest and issue citations for the provisions of this code. (14) The California State University police, who are peace officers, as defined by the Cal. Penal Code, § 830.2(c), are authorized and empowered to arrest and issue citations for the provisions of this code on or near the campus of the university and on or near other grounds or properties owned, operated, controlled or administered by the university or by the state acting on behalf of the university. (15) The San Bernardino Unified School District Police, who are peace officers, as defined by the Cal. Penal Code, § 830.32(b), are authorized and empowered to arrest and issue citations for the provisions of this code on or near a campus of the school district and on or near other grounds or properties owned, operated, controlled or administered by the school district. (16) The Director of Public Services, and his or her designees, are authorized and empowered to issue notices to appear and/or administrative citations for violations of Chapters 8.24 and 8.25. In the event that any provision of this chapter, or any part thereof, or any application thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by a court of competent jurisdiction on its face or as applied, such holding shall not affect the validity of the remaining provisions of this chapter, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is declared to be the legislative intent of the city that this chapter would have been adopted had such unconstitutional, invalid or ineffective provision not been included herein. (17) Haz-mat investigators employed by the City Fire Department are authorized and empowered to inspect, arrest and issue notices to appear for violations of this code and California Penal, Vehicle, Fire and Health and Safety Codes, pursuant to Cal. Penal Code, § 836.5 and Cal. Fire Code Appendix Chapter 1, § 104.Cal. Fire Code, Title 24, Part 9, Chapter 1, Division II. (18) The business registration manager, and his or her designees, are authorized and empowered to issue notices to appear for violations of Title 3, Title 5 and Title 8. (19) Security guard personnel, including private security officers retained by the city to provide security services under contract with the city, are authorized and empowered to issue citations and notices to appear for violations of this code occurring on any property owned or leased by the city. (B) Any person interfering or obstructing the enforcement or performance of any provision of this code by any of the preceding authorized personnel or any person who removes any notice or sign posted by an authorized person enters or remains in a structure posted as unsafe and/or unfit for human occupancy Packet Page 973 Authority to Arrest - Citations 57 shall be guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. MC-254, passed 3-9-1983; Ord. MC-372, passed 5-22-1984; Ord. MC-404, passed 8-21-1984; Ord. MC-464, passed 7-2-1985; Ord. MC-586, passed 3-23-1987; Ord. MC-591, passed 5-13-1987; Ord. MC-606, passed 9-21-1987; Ord. MC-635, passed 9-7-1988; Ord. MC-931, passed 1-23-1995; Ord. MC-945, passed 6-20-1995; Ord. MC-952, passed 11-8-1995; Ord. MC-954, passed 11-21-1995; Ord. MC-1005, passed 10-21-1997; Ord. MC-1027, passed 9-9-1998; Ord. MC-1034, passed 11-17-1998; Ord. MC-1143, passed 4-22-2003; Ord. MC-1234, passed 10-3-2006; Ord. MC-1279, passed 8-5-2008; Ord. MC-1287, passed 10-7-2008; Ord. MC-1563, passed 9-1-2021; Ord. MC-1596, passed 8-16-2023) Packet Page 974 San Bernardino - Public Peace, Morals and Welfare58 Packet Page 975 CHAPTER 9.92: ADMINISTRATIVE CITATION PROCESS Section 9.92.010 Legislative findings and statement of purpose 9.92.020 Definitions 9.92.030 Use of administrative citation 9.92.040 Violation; authority; fines 9.92.050 Service procedures 9.92.060 Contents of citation 9.92.070 Satisfaction of the administrative citation 9.92.080 Request for hearing on an administrative citation 9.92.090 Failure to pay fines 9.92.100 Publication and availability of rules and regulations 9.92.110 Reserved 9.92.120 Reserved 9.92.130 Reserved 9.92.140 Disposition of fines 9.92.150 Reserved 9.92.160 Administrative adjudication procedures not exclusive 9.92.170 Applicability of administrative adjudication procedures 9.92.180 Right to judicial review 9.92.190 Severability § 9.92.010 LEGISLATIVE FINDINGS AND STATEMENT OF PURPOSE. The Mayor and City Council finds that there is a need for an alternate method of enforcement for minor violations of the municipal code and applicable state codes. An appropriate method of enforcement for minor violations is an administrative citation program as authorized by Cal. Gov’t Code, § 53069.4. (Ord. MC-1553, passed 2-17-2021) § 9.92.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADMINISTRATIVE COSTS. All costs incurred by or on behalf of the city from the first discovery of the violation of the municipal code through the appeal process, including, but not limited to, staff time in investigating the violation, inspecting the property where the violation occurred, preparing investigation reports, sending notices, preparing for and attending any appeal hearing and attorneys’ fees. ADMINISTRATIVE COSTS shall not mean the fines assessed pursuant to this chapter. ADMINISTRATIVE COSTS shall not mean late payment charges that accrue, or collection costs incurred, as a result of unpaid fines. ADMINISTRATIVE HEARING OFFICER. Any person assigned by the City Manager to preside at administrative hearings. CITY MANAGER. The San Bernardino City Manager, or his or her designee. ENFORCEMENT OFFICER. Any code enforcement officer or other city employee or agent of the city with the authority to enforce any provision of the municipal code. PERSON. Any natural person or entity, including, but not limited to, any corporation, company, partnership, association, trust or any other 59 Packet Page 976 San Bernardino - Public Peace, Morals and Welfare60 form of business entity. RESPONSIBLE PARTY. Includes, but is not limited to, any of the following: (1) A person who causes a code violation to occur; (2) A person who maintains or allows a code violation to continue, by his or her action or failure to act; (3) A person whose agent, employee or independent contractor causes a code violation by his or her action or failure to act; (4) A person who is an owner, a lessee or sub-lessee, with the current right of possession, of real property where a property related code violation occurs or exists; and (5) If the person or persons are a business entity, the manager or on-site supervisor where the violation exists shall also be a RESPONSIBLE PARTY. (Ord. MC-1150, passed 9-16-2003; Ord. MC-1270, passed 5-21-2008; Ord. MC-1553, passed 2-17-2021) § 9.92.030 USE OF ADMINISTRATIVE CITATION. Whenever an enforcement officer determines that a violation subject to this chapter has occurred, the officer may issue an administrative citation imposing fines or penalties to any responsible person in accordance with the requirements of this chapter. Use of an administrative citation is authorized by this chapter for any violation of the municipal code. (Ord. MC-1553, passed 2-17-2021) § 9.92.040 VIOLATION; AUTHORITY; FINES. (A) Any person violating any provision of the municipal code may be issued an administrative citation by a code enforcement officer, or other authorized officer, as provided in this title. (B) Each and every day a violation of any provision of the municipal code exists constitutes a separate and distinct offense. Each section of the municipal code violated constitutes a separate and distinct violation. (C) Any fine assessed by means of an administrative citation issued by the enforcement officer shall be payable directly to the city or its authorized vendor for receipt of payment. (D) Any person who receives an administrative citation shall be required to pay a fine in the following amounts unless otherwise established in the municipal code or established by resolution of the Mayor and City Council: (1) A fine not exceeding $100 for the first administrative citation; (2) A fine not exceeding $200 for a second administrative citation for violation of the same ordinance if issued within a 12-month period; and (3) A fine not exceeding $500 for any subsequent administrative citation issued for violation of the same ordinance within a 12-month period. (Ord. MC-1553, passed 2-17-2021) § 9.92.050 SERVICE PROCEDURES. In any case where an administrative citation is issued, service of the citation shall be made by complying with the following. (A)Personal service. The code enforcement officer shall attempt to locate and personally serve the responsible party and obtain the signature of the responsible party on the administrative citation. If the responsible person refuses or fails to sign the administrative citation, the refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings. (B)Mail. If the enforcement officer is unable to locate the responsible party, responsible party shall be served by United States mail, addressed to the person to be notified. Service by mail shall be effective on the Packet Page 977 Administrative Citation Process 61 date of deposit in the mail. (C)Posting. The enforcement officer may post the notice conspicuously on or in front of the property or the affected unit; provided, however, that a citation issued to an owner of real property must also be mailed to the owner of the property as shown on the last equalized county assessment roll. (Ord. MC-1553, passed 2-17-2021) § 9.92.060 CONTENTS OF CITATION. (A) Each administrative citation shall contain the following information: (1) The name of the responsible party and known mailing address; (2) Date, approximate time and address or definite description of the location where the violation(s) was/were observed; (3) The code section(s) violated and a description of the violation(s); (4) The amount of fine for the violation(s); (5) An explanation of how the fine shall be paid and the time period by which it shall be paid; (6) Identification of rights to a hearing, including the time within which the hearing may be requested; and (7) The name and signature of the code enforcement officer, or other authorized officer, issuing the citation. (B) If the violation is one which is continuing, an order to correct the violation and an explanation of consequences for failing to correct the violation shall be issued concurrently with the citation. Failure to issue the order to correct or explanation of consequences for failure to correct violations shall not affect the validity of the administrative citation or of subsequent proceedings. (Ord. MC-1553, passed 2-17-2021) § 9.92.070 SATISFACTION OF THE ADMINISTRATIVE CITATION. (A) Upon receipt of a citation, the responsible person must: (1) Pay the fine to the city within 15 days from the issue date of the administrative citation; or (2) File a request for hearing pursuant to § 9.92.080. (B) Payment of a fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city. Payment of the fine waives the responsible party’s right to the administrative citation hearing and appeal process. (Ord. MC-1553, passed 2-17-2021) § 9.92.080 REQUEST FOR HEARING ON AN ADMINISTRATIVE CITATION. (A)How to file a proper and timely request for hearing. Any recipient of an administrative citation may contest the citation by completing a request for hearing form and returning it to the City Clerk within 15 days from the date the citation is served or deemed to have been served. A failure to file a timely request for hearing shall be deemed a waiver of the right to a hearing on the citation and a failure to exhaust administrative remedies. Proper filing of a request for hearing must also include payment to the City Clerk of the appeal fee as established or amended from time to time by resolution of the Mayor and City Council. (B)Selection of hearing officer. The City Manager shall select a qualified person to serve as administrative hearing officer to preside over hearings under this chapter. Hearing officers must be selected in a manner that avoids the potential for pecuniary or other bias. For purposes of this section, QUALIFIED PERSON includes an individual with a background in the practice of law or with a background in local governance, that is particularly experienced or knowledgeable about the subject matter at issue or that is otherwise deemed qualified by the City Manager. Packet Page 978 San Bernardino - Public Peace, Morals and Welfare62 (C)Hearing procedure. (1) No hearing to contest an administrative citation before the administrative hearing officer shall be held unless and until a request for hearing form has been completed and submitted to the City Clerk’s office. (2) After receipt of the request for hearing form, a hearing before the administrative hearing officer shall be set for a date that is not less than 15 days and not more than 60 days from the date that the request for hearing is filed in accordance with the provisions of this chapter, unless the parties waive such time limits. The failure to hold the hearing within this time period does not invalidate any action of the administrative hearing officer. The appellant shall be notified of the time and place set for the hearing at least ten calendar days prior to the date of hearing. (3) At the hearing, the administrative hearing officer must hear and consider the testimony of the appellant, respondent and their witnesses, as well as any documentary evidence presented by these persons. The administrative hearing officer must ensure that parties receive a fair hearing and are afforded due process in accordance with the applicable state and federal law governing such hearings. (4) The responsible party may bring an interpreter to the hearing at his or her sole expense. The city may, at its discretion, record the hearing by stenographer, court reporter, audio recording or video recording. (5) The appellant shall be given the opportunity to testify and present evidence concerning the administrative citation. Each party shall have the opportunity to cross-examine witnesses and present relevant evidence in support of that party’s case. (6) Administrative hearings are intended to be informal in nature. The formal rules of evidence shall not apply. Other than copies of citations, notices, orders and inspection reports served on the responsible parties as part of the enforcement action giving rise to the hearing, no pre-hearing discovery is required. (D)Proof. The city bears the burden of proof at an administrative hearing to establish the existence of a violation of the municipal code and the responsible party’s responsibility for such violation. The administrative citation and any additional documents submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. The standard of proof to be used by the administrative hearing officer in deciding the issues at an administrative hearing is by a preponderance of the evidence. (E)Continuance. The administrative hearing officer, before or during a hearing, may grant a request for a continuance, in his or her discretion, for good cause; however, in no event may the hearing be continued for more than 30 calendar days without stipulation by all parties. (F)Failure to appear. Any person who has filed a “request for hearing” form and has been notified of the time and date for a hearing pursuant to this chapter who does not appear at said hearing shall be deemed to have waived the right to be present at the hearing and the hearing shall proceed in his or her absence. (G)Administrative hearing officer’s decision. After considering all of the testimony and evidence submitted at the hearing, the administrative hearing officer must issue a written decision within 30 business days of the hearing. Failure of the administrative hearing officer to render a decision within this time period does not invalidate any action of the administrative hearing officer. The decision shall include the reasons for the decision, any conditions pertaining to the correction of the violation(s) and any time limits set for said corrections. (1) The administrative hearing officer’s decision must contain the following statement: “The decision of the hearing officer is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure section 1094.6 et seq.” (2) The administrative hearing order must be served on all parties by mail. The effective date of the decision shall be the mailing date of the written decision to the applicant. Packet Page 979 Administrative Citation Process 63 (3) If the hearing officer determines the administrative citation should be upheld, then any fine amount on deposit with the city shall be retained by the city. If the hearing officer determines the administrative citation should be canceled and the fine was deposited with the city, then the city shall refund the amount of the deposited fine. (Ord. MC-1553, passed 2-17-2021) § 9.92.090 FAILURE TO PAY FINES. (A) Any person who fails to pay to the city any fine imposed pursuant to the provisions of this chapter on or before the date that fine is due is liable for the payment of any applicable interest charges. (B) The delinquent obligation shall bear interest at a rate of 10% per year. Interest shall be calculated on a prorated monthly basis from the date such obligation becomes delinquent to the date it is paid. (C) The city may collect any delinquent administrative citation fines or interest charges by use of all available legal means, including personal collection from the responsible parties. (D) The city also may recover all administrative costs, expenses and fees, including attorneys’ fees, associated with the assessment, enforcement, processing and collection of the fines associated with the administrative citation in accordance with the provisions of this code. (Ord. MC-1521, passed 9-18-2019; Ord. MC-1553, passed 2-17-2021) § 9.92.100 PUBLICATION AND AVAILABILITY OF RULES AND REGULATIONS. Any rules and regulations promulgated for the conduct of administrative adjudication hearings shall be published and kept on file in the office of the City Clerk, where they shall be available to the public for inspection and copying at nominal rates during normal business hours. (Ord. MC-1553, passed 2-17-2021) § 9.92.110 RESERVED. [Reserved] (Ord. MC-1553, passed 2-17-2021) § 9.92.120 RESERVED. [Reserved] (Ord. MC-1553, passed 2-17-2021) § 9.92.130 RESERVED. [Reserved] (Ord. MC-1553, passed 2-17-2021) § 9.92.140 DISPOSITION OF FINES. All fines and other monies paid to the city in accordance with this article shall be remitted to the city. (Ord. MC-1553, passed 2-17-2021) § 9.92.150 RESERVED. [Reserved] (Ord. MC-1553, passed 2-17-2021) § 9.92.160 ADMINISTRATIVE ADJUDICATION PROCEDURES NOT EXCLUSIVE. Notwithstanding any other provisions of this article, the authority of the administrative hearing officer to conduct administrative hearings in accordance with this chapter shall not preclude the city from seeking any remedies for code or ordinance violations through the use of any other administrative procedure or court proceeding. (Ord. MC-1553, passed 2-17-2021) § 9.92.170 APPLICABILITY OF ADMINISTRATIVE ADJUDICATION PROCEDURES. Packet Page 980 San Bernardino - Public Peace, Morals and Welfare64 (A) Notwithstanding any other provision of the ordinances of the city or this code, all provisions of this code or ordinances may be enforced by instituting an administrative adjudication hearing with the administrative hearing officer as provided in this article. (B) Notwithstanding any other provision of the ordinances of the city or this code, any enforcement action, including, but not limited to, license or permit suspension or revocation, which may be exercised by another department of the city may also be exercised by the administrative hearing officer as provided in this article. (Ord. MC-1521, passed 9-18-2019; Ord. MC-1553, passed 2-17-2021) § 9.92.180 RIGHT TO JUDICIAL REVIEW. Any decision of the administrative hearing officer is final, subject to judicial review. Within 20 days after service of the decision of the administrative hearing officer upon the party to the administrative adjudication hearing, that person may seek judicial review of the decision by filing an appeal with the Superior Court of the State of California, in the County of San Bernardino, in accordance with Cal. Gov’t Code, § 53069.4. The appealing party must serve upon the City Clerk, either in person or by first class mail, a copy of the notice of appeal. If the appealing party fails to timely file a notice of appeal, the hearing officer’s decision is deemed confirmed. (Ord. MC-1521, passed 9-18-2019; Ord. MC-1553, passed 2-17-2021) § 9.92.190 SEVERABILITY. The provisions of this chapter are severable and, if any sentence, section or other part of this chapter should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect. (Ord. MC-1148, passed 8-5-2003) Packet Page 981 CHAPTER 9.93: ADMINISTRATIVE CIVIL PENALTIES Section 9.93.010 Purpose and intent 9.93.015 Definitions 9.93.020 Administrative civil penalties 9.93.030 Administrative civil penalties notice and order; procedures 9.93.035 Service of notices 9.93.040 Determination of administrative civil penalties 9.93.050 Administrative costs 9.93.060 Right to hearing on administrative civil penalties notice and order 9.93.070 Administrative hearing; declaration of purpose 9.93.080 Administrative hearing; request and notice 9.93.090 Appointment and qualifications of administrative hearing officer 9.93.100 Recusal of administrative hearing officer 9.93.110 Powers of administrative hearing officer 9.93.120 Administrative hearing; procedures 9.93.130 Failure to attend administrative hearing 9.93.140 Administrative hearing order 9.93.145 Liability of responsible parties 9.93.150 Failure to comply with the administrative hearing order 9.93.160 Judicial review 9.93.170 Collection of unpaid administrative citation fines, administrative civil penalties and administrative costs 9.93.180 Severability 9.93.190 CEQA exemption 9.93.200 Administrative adjudication procedures not exclusive § 9.93.010 PURPOSE AND INTENT. The Mayor and City Council have determined that the enforcement of the municipal code throughout the city is an important public service and is vital to the protection of the public’s health, safety and quality of life. The Mayor and City Council have determined a need for alternative methods of code enforcement and that a comprehensive code enforcement system uses a combination of judicial and administrative remedies to gain compliance with code regulations. The Mayor and City Council find a need to draft precise regulations that can be effectively applied in judicial and administrative proceedings and further finds that there is a need to establish uniform procedures for the proper application of administrative code enforcement remedies and administrative hearings to resolve administrative code enforcement cases and appeals. (Ord. MC-1553, passed 2-17-2021) § 9.93.015 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADMINISTRATIVE COSTS. All costs incurred by or on behalf of the city from the first discovery of the violation of the municipal code through the appeal process and until compliance is achieved, including, but not limited to, staff time in investigating the violation, inspecting the property where the violation occurred, preparing investigation reports, sending 65 Packet Page 982 San Bernardino - Public Peace, Morals and Welfare66 notices, preparing for and attending any appeal hearing, attorneys’ fees and fees paid to the administrative hearing officer. ADMINISTRATIVE COSTS shall not mean the administrative civil penalties assessed pursuant to this chapter. ADMINISTRATIVE COSTS shall not mean late payment charges that accrue, or collection costs incurred, as a result of unpaid administrative civil penalties. ADMINISTRATIVE HEARING OFFICER. Any person assigned by the City Manager to preside at administrative hearings. CITY MANAGER. The San Bernardino City Manager, or his or her designee ENFORCEMENT OFFICER. Any code enforcement officer or other city employee or agent of the city with the authority to enforce any provision of the municipal code. PERSON. Any natural person or entity, including, but not limited to, any corporation, company, partnership, association, trust or any other form of business entity. RESPONSIBLE PARTY. Includes, but is not limited to, any of the following: (1) A person who causes a code violation to occur; (2) A person who maintains or allows a code violation to continue, by his or her action or failure to act; (3) A person whose agent, employee or independent contractor causes a code violation by his or her action or failure to act; (4) A person who is an owner, a lessee or sub-lessee, with the current right of possession, of real property where a property related code violation occurs or exists; and (5) If the person or persons are a business entity, the manager or on-site supervisor where the violation exists shall also be a RESPONSIBLE PARTY. (Ord. MC-1553, passed 2-17-2021) § 9.93.020 ADMINISTRATIVE CIVIL PENALTIES. (A) Any responsible party who violates any provision of the municipal code may be subject to the assessment of administrative civil penalties payable to the city, or its authorized vendor for receipt of payment, pursuant to the administrative procedures provided in this chapter. (B) The assessment of administrative civil penalties established in this chapter is in addition to any other administrative or judicial (civil or criminal) remedy established by law which may be pursued to address any violation of the municipal code. (C) For the purposes of assessing administrative civil penalties, each and every day a violation of any provision of the municipal code exists shall constitute a separate and distinct violation. (D) Administrative civil penalties may be directly assessed by issuance of an administrative civil penalties notice and order issued by an enforcement officer, as provided in this chapter. (E) Administrative civil penalties for violations of any provision of the municipal code shall be assessed at a rate of up to $1,000 per violation per day; however, if applicable, the administrative hearing officer may reduce the fine in his or her upon a finding of good cause pursuant to the criteria listed in § 9.93.040. The maximum amount of administrative civil penalties shall not exceed $100,000 per parcel or structure for any related series of violations. (Ord. MC-1535, passed 5-6-2020; Ord. MC-1553, passed 2-17-2021) § 9.93.030 ADMINISTRATIVE CIVIL PENALTIES NOTICE AND ORDER; PROCEDURES. (A) Whenever an enforcement officer determines that a violation of one or more provisions of the Packet Page 983 Administrative Civil Penalties 67 municipal code or any code adopted by reference has occurred or continues to exist, a written administrative civil penalties notice and order may be issued to the responsible party. (B) The administrative civil penalties notice and order shall identify laws or code sections violated. The administrative civil penalties notice and order may describe how each section has been violated. (C) The administrative civil penalties notice and order shall identify the dates and locations of the violations. (D) The administrative civil penalties notice and order shall establish the amount of administrative civil penalties. The fine may be fixed for a single violation or may be daily for continuing violations. (E) The administrative civil penalties notice and order shall identify the factors used in determining the duration and daily amount of administrative civil penalties. (F) In the case of continuing violations, there shall be an ongoing assessment of administrative civil penalties at the daily rate established in the administrative civil penalties notice and order until the violations are corrected or until such time that the total amount of administrative civil penalties reaches the maximum amount allowed by this chapter. For continuing violations, the administrative civil penalties notice and order shall identify the date when the civil penalties began to accrue and, if applicable, the date when the assessment of administrative civil penalties ended. (G) If the enforcement officer determines that the violations are of a continuing nature, the administrative civil penalties notice and order shall demand that the responsible party cease and desist from further action causing the violations and commence and complete all action to correct the outstanding violations under the guidance of the appropriate city departments. (H) When a violation pertains to building, plumbing, electrical or other similar structural or zoning issues that do not create an immediate danger to health or safety, the administrative civil penalties notice and order shall provide that administrative civil penalties shall not be imposed if the responsible party corrects all of the violations within a reasonable time as determined by the enforcement officer. (I) The administrative civil penalties notice and order may describe the remedial actions required to permanently correct any outstanding violations and establish a time frame for completion. (J) The administrative civil penalties notice and order may enumerate any other consequences pursuant to this chapter, if the responsible party fails to comply with the terms and deadlines as prescribed in the administrative civil penalties notice and order. (K) More than one administrative civil penalties notice and order may be issued against the same responsible party if they encompass different dates, separate or different violations or different locations. (L) The administrative civil penalties notice and order shall be served upon the responsible party by any one of the methods of service as set forth in § 9.93.035. (M) The administrative civil penalties notice and order shall identify appropriate hearing procedures as required by this chapter. (Ord. MC-1553, passed 2-17-2021) § 9.93.035 SERVICE OF NOTICES. (A) Whenever a notice is required to be given under this chapter, the notice shall be served by any of the following methods unless different provisions are otherwise specifically stated to apply: (1) Personal service; (2) By United States mail addressed to the person to be notified; or (3) Posting the notice conspicuously on or in front of the property or the affected unit. (B) Service by mail shall be effective on the date Packet Page 984 San Bernardino - Public Peace, Morals and Welfare68 of deposit in the mail. (C) The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this chapter. (D) A notice issued to an owner of real property must be mailed to the owner of the property as shown on the last equalized county assessment roll. (Ord. MC-1553, passed 2-17-2021) § 9.93.040 DETERMINATION OF ADMINISTRATIVE CIVIL PENALTIES. (A) In determining the date when administrative civil penalties start to accrue, an enforcement officer may consider the date when the city first discovered the violation as evidenced by the issuance of a notice of violation or any other written correspondence. (B) The assessment of administrative civil penalties shall end when all corrections or other action required by the administrative civil penalties notice and order have been completed. (C) (1) The enforcement officer may assess fines at a rate of up to $1,000 per violation per day. (2) In determining the amount of the administrative civil penalties at an administrative hearing, the hearing officer may consider some or all of the following factors: (a) The duration of the violation; (b) The frequency of recurrence of the violation; (c) The seriousness of the violation; (d) Whether the violation is designated as an infraction, a misdemeanor or either an infraction or a misdemeanor by the municipal code; (e) The history of the violation; (f) The good faith effort by the responsible party to comply; (g) The economic impact of the penalty on the responsible party; and (h) The impact of the violation upon the community. (Ord. MC-1553, passed 2-17-2021) § 9.93.050 ADMINISTRATIVE COSTS. An enforcement officer or administrative hearing officer is authorized to assess any reasonable administrative costs in addition to the administrative civil penalties. § 9.93.060 RIGHT TO HEARING ON ADMINISTRATIVE CIVIL PENALTIES NOTICE AND ORDER. The City Manager shall assign an administrative hearing officer and establish a date, time and place for the administrative hearing in accordance with this chapter if the responsible party requests a hearing or in the event of a continuing violation in order for the administrative hearing officer to determine the amount of the fine for a continuing violation. (Ord. MC-1553, passed 2-17-2021) § 9.93.070 ADMINISTRATIVE HEARING; DECLARATION OF PURPOSE. It is the purpose and intent of the Mayor and City Council to afford due process of law to any person who is directly affected by an administrative enforcement action. Due process procedures are intended to establish a forum to efficiently, expeditiously and fairly resolve issues raised in any administrative enforcement action. (Ord. MC-1553, passed 2-17-2021) § 9.93.080 ADMINISTRATIVE HEARING; REQUEST AND NOTICE. (A) Any responsible party may contest the Packet Page 985 Administrative Civil Penalties 69 administrative civil penalties notice and order by completing a request for administrative hearing form and returning it to the City Clerk within 15 days from the date the administrative civil penalties notice and order was served. The request for administrative hearing must also include payment to the City Clerk of the appeal fee, as established or amended, from time to time, by resolution of the City Council. The City Manager, or his or her designee, shall then send a copy of the request for administrative hearing form to the enforcement officer and the City Attorney, and assign an administrative hearing officer and schedule a date, time and place for the hearing. (B) The hearing before the administrative hearing officer shall be set not less than 15 days and not more than 60 days from the date that the request for administrative hearing form is filed with the City Clerk unless the parties waive such time limits. The failure to hold the hearing within this time period does not invalidate any action of the administrative hearing officer. (C) Written notice of the date, time and place of the hearing shall be served at least ten calendar days prior to the date of the hearing on the responsible party, the enforcement officer and the City Attorney. (D) The format and contents of the hearing notice shall be in accordance with rules and policies promulgated by the City Manager. (E) The notice of hearing shall be served by any of the methods of service listed in § 9.93.035. (F) A failure to file a timely request for administrative hearing shall be deemed a waiver of the right to a hearing on the administrative civil penalties notice and order and a failure to exhaust administrative remedies. (Ord. MC-1553, passed 2-17-2021) § 9.93.090 APPOINTMENT AND QUALIFICATIONS OF ADMINISTRATIVE HEARING OFFICER. The City Manager must establish procedures for the selection of a qualified person to serve as administrative hearing officer to preside over hearings under this chapter. Hearing officers must be selected in a manner that avoids the potential for pecuniary or other bias. For purposes of this section, QUALIFIED PERSON includes an individual with a background in the practice of law or with a background in local governance, that is particularly experienced or knowledgeable about the subject matter at issue or that is otherwise deemed qualified by the City Manager. (Ord. MC-1553, passed 2-17-2021) § 9.93.100 RECUSAL OF ADMINISTRATIVE HEARING OFFICER. The administrative hearing officer must recuse himself or herself from a matter if he or she determines that any bias or personal embroilment prevents the administrative hearing officer from rendering fair and impartial decision. (Ord. MC-1553, passed 2-17-2021) § 9.93.110 POWERS OF ADMINISTRATIVE HEARING OFFICER. (A) The administrative hearing officer shall have all powers necessary to conduct fair and impartial hearings, including, but not limited to, the power to: (1) Hold conferences for settlement or simplification of the issues; (2) Administer oaths and affirmations; (3) Hear testimony; (4) Rule upon motions, objections and the admissibility of evidence; (5) Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing; (6) Regulate the course of the hearing in accordance with this chapter or other applicable law; (7) Issue a final order which includes findings of fact and conclusions of law; and Packet Page 986 San Bernardino - Public Peace, Morals and Welfare70 (8) Impose administrative civil penalties and assess administrative costs and issue orders that are consistent with the applicable violation. (B) (1) At the hearing, the administrative hearing officer must hear and consider the testimony of the appellant, respondent and their witnesses, as well as any documentary evidence presented by these persons. The administrative hearing officer must ensure that parties receive a fair hearing and are afforded due process in accordance with the applicable state and federal law governing such hearings. (2) The administrative hearing officer shall only consider evidence that is relevant to the following issues: (a) Whether a violation of the municipal code existed on the dates specified in the administrative civil penalties notice and order and whether the responsible party caused, maintained or permitted said violation; and (b) Whether the amount of the administrative civil penalties is appropriate for reduction pursuant to the criteria listed in § 9.93.040. (C) The administrative hearing officer, before or during a hearing, may grant a request for a continuance, in his or her discretion, for good cause; however, in no event may the hearing be continued for more than 30 calendar days without stipulation by all parties. (D) The administrative hearing officer has continuing jurisdiction over the subject matter of an administrative hearing for the purposes of granting a continuance, ensuring compliance with an administrative hearing order and modifying an administrative hearing order. (Ord. MC-1553, passed 2-17-2021) § 9.93.120 ADMINISTRATIVE HEARING; PROCEDURES. (A) Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. Other than copies of citations, notices, orders and inspection reports served on the responsible parties as part of the enforcement action giving rise to the hearing, no pre-hearing discovery is required. (B) The city bears the burden of proof at an administrative hearing to establish the existence of a violation of the municipal code and the responsible party’s responsibility for such violation. The administrative citation and any additional documents submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. (C) The standard of proof to be used by the administrative hearing officer in deciding the issues at an administrative hearing is by a preponderance of the evidence. (D) Each party shall have the opportunity to cross-examine witnesses and present relevant evidence in support of that party’s case. (E) The responsible party may bring an interpreter to the hearing at his or her sole expense. The city may, at its discretion, record the hearing by stenographer, court reporter, audio recording or video recording. (Ord. MC-1553, passed 2-17-2021) § 9.93.130 FAILURE TO ATTEND ADMINISTRATIVE HEARING. Any responsible party whose property or actions are the subject of an administrative hearing and who fails to appear at the hearing shall be deemed to have waived his or her right to a hearing and the adjudication of the issues related to the hearing, and Packet Page 987 Administrative Civil Penalties 71 shall be deemed to have failed to exhaust his or her administrative remedies; provided that proper notice of the hearing as required by this chapter has been provided. (Ord. MC-1553, passed 2-17-2021) § 9.93.140 ADMINISTRATIVE HEARING ORDER. (A) Within 30 business days after the presentation of all evidence and testimony, including any relevant evidence and testimony presented by the responsible party, the administrative hearing officer shall issue an administrative hearing order which affirms or rejects the administrative civil penalties notice and order or which modifies the daily rate or duration of the administrative civil penalties depending upon the review of the evidence and application of the criteria in § 9.93.040. Failure of the administrative hearing officer to render a decision within this time period does not invalidate any action of the administrative hearing officer. The administrative hearing officer’s decision must be in writing and must set forth the administrative hearing officer’s findings of fact and conclusions of law. The administrative hearing officer may increase or decrease the total amount of civil penalties and costs that were assessed by the administrative civil penalties notice and order upon a showing of good cause and in consideration of the factors listed in § 9.93.040. (B) The administrative hearing officer may issue an administrative hearing order that requires the responsible party to cease from violating the municipal code and to make necessary corrections. (C) As part of the administrative hearing order, the administrative hearing officer may establish specific deadlines for the payment of civil penalties and costs and condition the total or partial assessment of administrative civil penalties on the responsible party’s compliance by specified deadlines. (D) The administrative hearing officer may issue an administrative hearing order which imposes additional administrative civil penalties that will continue to be assessed until the responsible party complies with the administrative hearing officer’s decision and corrects the violation. (E) The administrative hearing officer may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the administrative hearing order. (F) The administrative hearing order shall be served on all parties by any one of the methods listed in § 9.93.035. (G) The administrative hearing order must contain the following statement: “The decision of the hearing officer is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure section 1094.6 et seq.” The administrative hearing order shall become final on the date of service of the order, unless any party files a written request for reconsideration or modification with the City Manager within 15 days after the date of service of the order. (H) A request for reconsideration or modification of an administrative hearing order may only be based upon an error of law or new evidence not available to the requesting party at the time of the administrative hearing. The decision of the administrative hearing officer on the request for reconsideration or modification shall become final on the date of service of the decision by any one of the methods listed in § 9.93.035. (Ord. MC-1553, passed 2-17-2021) § 9.93.145 LIABILITY OF RESPONSIBLE PARTIES. Any responsible party whose property or actions are the subject of an administrative hearing and who fails to appear at the hearing shall be deemed to have waived his or her right to a hearing and the Packet Page 988 San Bernardino - Public Peace, Morals and Welfare72 adjudication of the issues related to the hearing, and shall be deemed to have failed to exhaust his or her administrative remedies; provided that proper notice of the hearing as required by this chapter has been provided. (Ord. MC-1553, passed 2-17-2021) § 9.93.150 FAILURE TO COMPLY WITH THE ADMINISTRATIVE HEARING ORDER. (A) Upon the failure of the responsible party to comply with terms and deadlines set forth in the administrative hearing order, the enforcement officer may use all appropriate legal means to recover the administrative civil penalties and administrative costs and obtain compliance with the administrative hearing order. (B) After the administrative hearing officer issues an administrative hearing order, the enforcement officer shall monitor the violations and determine compliance. (C) It is unlawful for a party to an administrative hearing, who has been served with a copy of the final administration hearing order pursuant to this chapter, to fail to comply with the order. Failure to comply with a final administrative hearing order, except for non-payment of administrative civil penalties, may be prosecuted as an infraction or misdemeanor at the discretion of the City Attorney. (Ord. MC-1553, passed 2-17-2021) § 9.93.160 JUDICIAL REVIEW. (A) The decision of the administrative hearing officer shall be final and conclusive and shall not be subject to appeal to the Mayor and City Council. Once an administrative hearing order becomes final as provided in this chapter, the time in which judicial review of the order must be sought shall be governed by Cal. Code of Civil Procedure, § 1094.6 or other applicable state law. (B) The appealing party must serve upon the City Clerk, either in person or by first class mail, a copy of the notice of appeal. (Ord. MC-1553, passed 2-17-2021) § 9.93.170 COLLECTION OF UNPAID ADMINISTRATIVE CITATION FINES, ADMINISTRATIVE CIVIL PENALTIES AND ADMINISTRATIVE COSTS. Unpaid administrative civil penalties and administrative costs shall be a debt to the city and subject to all remedies for debt collection as allowed by law. (Ord. MC-1553, passed 2-17-2021) § 9.93.180 SEVERABILITY. The provisions of this chapter are severable, and if any sentence, section or other part of this chapter should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect. § 9.93.190 CEQA EXEMPTION. The adoption of this chapter is exempt from the provisions of the California Environmental Quality Act, pursuant to § 15061(b)(3) of the Guidelines for Implementation of the California Environmental Quality Act (Title 15, Cal. Code of Regulations, commencing with § 15000), as it can be seen with certainty that there is no possibility that the activity will have a significant effect on the environment. (Ord. MC-1268, passed 4-22-2008) § 9.93.200 ADMINISTRATIVE ADJUDICATION PROCEDURES NOT EXCLUSIVE. Notwithstanding any other provisions of this article, the authority of the administrative hearing officer to conduct administrative hearings in accordance with this chapter shall not preclude the city from seeking any remedies for code or ordinance violations through the use of any other administrative procedure or court proceeding. (Ord. MC-1553, passed 2-17-2021) Packet Page 989 Administrative Civil Penalties 73 Packet Page 990 San Bernardino - Public Peace, Morals and Welfare74 Packet Page 991 CHAPTER 9.94: ADMINISTRATIVE HEARINGS AND APPEALS Section 9.94.010 Definitions 9.94.020 Purpose 9.94.030 Scope 9.94.040 Hearing officer - selection and qualifications 9.94.050 Powers and duties of hearing officer 9.94.060 Right to appeal; consequence of an untimely or incomplete appeal 9.94.070 Administrative hearings - notice procedures 9.94.080 Administrative hearings - conduct of hearing 9.94.090 Decision of the hearing officer 9.94.100 Methods of service 9.94.110 Costs 9.94.120 Judicial review 9.94.130 Limitation on jurisdiction 9.94.140 Severability § 9.94.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ACTION. An act or decision by an administrative officer or administrative agency for which a right to appeal under the provisions of this chapter is granted in this code. ADMINISTRATIVE AGENCY. An organ of the city government, other than the City Council, which, under the direction of the City Manager, has responsibility for carrying out or enforcing the rules, regulations and ordinances of the city, but not including boards and commissions of the city. ADMINISTRATIVE OFFICER. An officer of the city who is not a member of the legislative body or appointed boards or commissions. Such officers include, but are not limited to, the City Manager, Chief of Police, Fire Chief, Director of Planning and Building, Director of Transportation, Director of Public Works or similar officer. AGGRIEVED PERSON. Any person whose personal, pecuniary or property right or interest is directly and adversely affected, or upon whom a substantial burden or obligation is imposed by the action or decision appealed from. APPELLANT. Any aggrieved person who files an appeal. CODE. The San Bernardino Municipal Code. HEARING OFFICER. Any person duly qualified and authorized by this chapter to hear and review appeals under this chapter. RESPONDENT. The administrative officer or agency which took the action appealed from, and any other administrative officer or agency named as RESPONDENT in an appeal. (Ord. MC-1521, passed 9-18-2019) § 9.94.020 PURPOSE. It is the purpose and intent of the City Council to afford due process of law to any person who is directly affected by an action or decision of an administrative 75 Packet Page 992 San Bernardino - Public Peace, Morals and Welfare76 agency or officer. These procedures are also intended to establish a forum to efficiently and fairly resolve administrative appeals. (Ord. MC-1521, passed 9-18-2019) § 9.94.030 SCOPE. The hearing officer hears appeals from actions taken by an administrative officer or administrative agency when a right to appeal under the provisions of this chapter is granted in this code. Except where this code prescribes another procedure, the rules and procedures pertaining to appeals are as stated herein. The rules and procedures pertaining to appeals under this chapter may be supplemented or modified as stated in the chapter that grants a right to appeal under these provisions. The hearing officer has no authority to hear appeals of any action taken by the City Council or any other board or commission of the city. (Ord. MC-1521, passed 9-18-2019) § 9.94.040 HEARING OFFICER - SELECTION AND QUALIFICATIONS. (A) The City Manager must establish procedures for the selection of a qualified person to serve as hearing officer for each matter appealed under this chapter. Hearing officers must be selected in a manner that avoids the potential for pecuniary or other bias. (B) For purposes of this section, QUALIFIED PERSON includes an individual with a background in the practice of law or with a background in local governance, that is particularly experienced or knowledgeable about the subject matter at issue or that is otherwise deemed qualified by the City Manager. (Ord. MC-1521, passed 9-18-2019) § 9.94.050 POWERS AND DUTIES OF HEARING OFFICER. (A) As provided by § 9.94.030, the hearing officer hears all appeals in accordance with the procedures contained in this chapter or as supplemented or modified in the chapter granting a right to appeal hereunder. (B) The hearing officer is authorized to issue decisions and take all actions necessary and proper to carry out the functions of the hearing officer in this chapter, including: (1) Hold conferences for settlement or simplification of the issues; (2) Administer oaths and affirmations; (3) Hear testimony; (4) Rule upon motions, objections and the admissibility of evidence; (5) Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing; (6) Regulate the course of the hearing in accordance with this chapter or other applicable law; and (7) Issue a final order which includes findings of fact and conclusions of law. (C) The hearing officer may request information, services, facilities or any other assistance for the purpose of furthering the objectives of this chapter. (D) At the hearing, the hearing officer must hear and consider the testimony of the appellant, respondent and their witnesses, as well as any documentary evidence presented by these persons. (E) The hearing officer must ensure that parties receive a fair hearing and are afforded due process in accordance with the applicable state and federal law governing such hearings. (Ord. MC-1521, passed 9-18-2019) § 9.94.060 RIGHT TO APPEAL; CONSEQUENCE OF AN UNTIMELY OR INCOMPLETE APPEAL. Except where this code prescribes another procedure, the following hearing request procedures apply to appeals under this chapter. Packet Page 993 Administrative Hearings and Appeals 77 (A) Any aggrieved person may contest an action taken by an administrative officer of the city, as provided in § 9.94.030, by filing a written notice of appeal with the City Clerk within 15 calendar days. No fee shall be due for the filing of an appeal. The notice of appeal must also include payment to the City Clerk of the appeal fee, as established or amended, from time to time, by resolution of the City Council. (B) The notice required by division (A) above must be filed no later than 15 days following the date of mailing to appellant of notice of the action from which the appeal is taken or, if there is no such mailing or none is required, no later than 15 days following the date of the action that is the subject of the appeal. (C) A written notice of appeal must contain the following information: (1) The full name, mailing address, e-mail address and telephone number of each appellant who is appealing the action; (2) A description of the specific action or decision being appealed, including the date of the action; (3) The grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy; and (4) The signature of an appellant. (D) If the City Clerk does not receive a timely notice of appeal, if the notice of appeal is incomplete or if the notice of appeal does not comply with all of the requirements set forth in this section, the right to appeal the action is waived. In this event, the action is final and binding. A failure to file a timely or proper notice of appeal also constitutes a failure to exhaust administrative remedies. (Ord. MC-1521, passed 9-18-2019) § 9.94.070 ADMINISTRATIVE HEARINGS - NOTICE PROCEDURES. Except where this code prescribes another procedure, the following hearing notice procedures apply to appeals under this chapter. (A) No hearing before a hearing officer under this chapter may be scheduled or held unless a timely and proper notice of appeal has been submitted to the City Clerk as set forth in § 9.94.060. (B) The City Clerk must schedule the hearing no sooner than 15 days and no later than 60 days from receipt of the notice of appeal, unless the parties waive such time limits. The failure to hold the hearing within this time period does not invalidate any action of the hearing officer. (C) The City Clerk must provide a copy of the appeal to the respondent within five days after filing. (D) The City Clerk must notify the appellant, respondent and City Attorney in writing of the date, time and location of the hearing at least 15 days before the date of the hearing. (E) Failure to receive notice of the time and place of the hearing shall not dismiss any violation at issue or invalidate any action of the hearing officer, if the notice was given in the manner stated in division (D) above. (F) The notice of hearing may be served by any of the methods of service listed in § 9.94.100. (G) Unless the notice of appeal names some other respondent, the administrative officer or administrative agency that took the action or made the decision being appealed is designated the “respondent.” (Ord. MC-1521, passed 9-18-2019) § 9.94.080 ADMINISTRATIVE HEARINGS - CONDUCT OF HEARING. (A)Participation. The hearing officer must be present at all times to preside over the hearing. All hearings are open to the public. The respondent, or another city representative, is required to participate in the hearing. The appellant is required to participate in the hearing. Packet Page 994 San Bernardino - Public Peace, Morals and Welfare78 (B)Evidence, witnesses and discovery. All parties have the right to present evidence and cross-examine witnesses. The formal rules of evidence and discovery do not apply. The rules of privilege are effective to the same extent that they are now or hereafter may be recognized in civil actions. Irrelevant and unduly repetitious evidence may be excluded. Oral evidence may be taken only on oath or affirmation. The appellant and respondent may represent themselves or be represented by anyone of their choice. (C)Cross-examination. No party shall have the right to cross-examine any other party or witness except for good cause shown to the satisfaction of the hearing officer. Each party may cross-examine witnesses. (D)Interpretation and recordation. The appellant may bring an interpreter to the hearing at his or her sole expense. The city may, at its discretion, record the hearing by stenographer, court reporter, audio recording or video recording. (E)Subpoenas. In any hearing conducted by the hearing officer, he or she has the power to compel the attendance of witnesses for the production of evidence by subpoenas issued under the authority of the City Council and attested by the City Clerk. Subpoenas may also be issued at the request of the parties prior to the commencement of such hearing. No subpoena may be issued for any reason without the concurrence of the City Attorney that there is good cause for such subpoena to be issued and such subpoena is approved by the City Council. It is the duty of the Chief of Police to cause all such subpoenas to be served, and the refusal of a person to attend or to testify in answer to such a subpoena subjects the person to prosecution in the same manner set forth by law for failure to appear before the City Council in response to a subpoena issued by the City Council. (F)Proof. The standard of proof applicable to the hearing and to be used by the hearing officer in deciding the issue on appeal is proof by a preponderance of the evidence. The respondent bears the burden of proof at the hearing. The hearing officer determines relevancy, weight and credibility of testimony and evidence. (G)Continuances. The hearing officer, before or during a hearing, may grant a request for a continuance, in his or her discretion, for good cause; however, in no event may the hearing be continued for more than 30 calendar days without stipulation by all parties. (H)Failure of appellant to appear. If the appellant fails to appear at the hearing, the hearing officer may cancel the hearing and send a notice thereof to the appellant to the address stated on the appeal form. A cancellation of a hearing due to non-appearance of the appellant waives the right to appeal and is failure to exhaust all administrative remedies; provided that proper notice of the hearing as required by this chapter has been provided. In such instances, the action is final and binding. (Ord. MC-1521, passed 9-18-2019) § 9.94.090 DECISION OF THE HEARING OFFICER. (A) The hearing officer must render his or her decision in accordance with the provisions of this chapter, applicable law and all ordinances of this city. (B) The hearing officer’s decision must be in writing and must set forth the hearing officer’s findings of fact and conclusions of law. (C) The hearing officer must render a decision within 15 days following the conclusion of the hearing. Failure of the hearing officer to render a decision within this time period does not invalidate any action of the hearing officer. (D) The hearing officer’s decision must be served on all parties in accordance with § 9.94.100. Failure of a person to receive a properly-served decision does not affect the finality or effectiveness of the decision. (E) The hearing officer’s decision is the final administrative decision of the city regarding the action that is the subject of the appeal. The hearing officer’s decision is effective on the date of service of the decision. The decision must contain the following statement: “The decision of the hearing officer is final and binding. Judicial review of this decision is subject Packet Page 995 Administrative Hearings and Appeals 79 to the provisions and time limits set forth in California Code of Civil Procedure section 1094.6 et seq.” (Ord. MC-1521, passed 9-18-2019) § 9.94.100 METHODS OF SERVICE. (A) Except where this code prescribes another procedure, any notice or document required to be served under this chapter must be served by personal service or first class mail. (B) Service is deemed effective on the date it is personally delivered or mailed. (C) Failure of any person to receive a document properly served under this chapter does not affect the validity of the notice or document, service or any action or proceeding under this chapter. (Ord. MC-1521, passed 9-18-2019) § 9.94.110 COSTS. Nothing herein limits the city’s ability to seek recovery of its costs or fees incurred in connection with the hearing if authorized by law. The city shall keep an accounting of the hearing costs. If any portion of the action is upheld, even in part, the city is the prevailing party. (Ord. MC-1521, passed 9-18-2019) § 9.94.120 JUDICIAL REVIEW. The decision of the hearing officer is not subject to appeal to the City Council or any board or commission of the city. Once the hearing officer’s decision becomes final as provided in this chapter, the appellant must both bring judicial action to contest such decision and provide the city with a notice of the action within 90 days after the date of such decision of the hearing officer, in accordance with the Cal. Code of Civil Procedure, § 1094.6. Failure to do so means all objections to the hearing officer’s decision are waived. (Ord. MC-1521, passed 9-18-2019) § 9.94.130 LIMITATION ON JURISDICTION. The hearing officer shall not consider appeals of orders, decisions and determinations of the City Building Official relating to the building standards of the California Building Standards Code, which must be considered by the Building Appeals Board, pursuant to § 2.45.030. (Ord. MC-1521, passed 9-18-2019) § 9.94.140 SEVERABILITY. The provisions of this chapter are severable, and, if any sentence, section or other part of this chapter should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect. (Ord. MC-1521, passed 9-18-2019) Packet Page 996 San Bernardino - Public Peace, Morals and Welfare80 Packet Page 997 ARTICLE IX. NARCOTICS AND GANGS CHAPTER 9.95: NARCOTICS AND GANG-RELATED CRIME EVICTION PROGRAM Section 9.95.010 Definitions 9.95.020 Duties of the landlord 9.95.030 Administrative procedures 9.95.040 Recovery of possession by landlord 9.95.050 Enforcement 9.95.060 Penalties 9.95.070 Civil remedies available 9.95.080 Severability § 9.95.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CONTROLLED SUBSTANCE. Any drug, substance or immediate precursor, as listed in the California Uniform Controlled Substances Act, Cal. Health and Safety Code, §§ 11000 et seq. DRUG-RELATED NUISANCE. Any activity related to the possession, sale, use or manufacture of a controlled substance that creates an unreasonable interference with the comfortable enjoyment of life, property and/or safety of residents of the premises. Such activity includes, but is not limited to, any activity commonly associated with illegal drug dealing, such as noise; steady traffic day and night to a particular unit; barricaded units; the display or observance of weapons; drug loitering, as defined in Cal. Health and Safety Code, § 11532; or other drug-related occurrences which, taken as a whole, tend to substantially affect or interfere with any tenant’s beneficial use and enjoyment of any rented property. GANG-RELATED CRIME. The commission of any of the offenses listed in Cal. Penal Code, § 186.22(e) in which the perpetrator is a known member of a gang or any crime motivated by gang membership in which the victim or the intended victim of the crime is a known member of a gang. The term gang is as defined in Cal. Penal Code, § 186.22(f). ILLEGAL DRUG ACTIVITY. A violation of any of the provisions of the Cal. Health and Safety Code, Chapter 6 (commencing with § 11350) or Chapter 6.5 (commencing with § 11400), or any successor provisions thereto. LANDLORD. Any owner of record, lessor or sub-lessor (including any person, firm, corporation, partnership, association of persons or other entity) who receives or is entitled to receive rent for the use of any rental unit, or the agent, manager, representative or successor of any of the foregoing. PREMISES. Any rental unit and the land on which it and any other buildings of a complex are located and common areas, including, but not limited to, garage facilities, streets, alleyways, stairwells, elevators and, as the context permits or requires, any public or private property which is immediately adjacent to any of said areas. RENTAL UNIT. Any dwelling, including, but not limited to, any single- and multi-family residence, 81 Packet Page 998 San Bernardino - Public Peace, Morals and Welfare82 duplex and/or condominium in the City of San Bernardino. This term shall also include any mobile home, whether rent is paid for the mobile home, the land upon which the mobile home is located or both. It shall also mean any recreational vehicle, as defined in Cal. Civil Code, § 799.24799.29, if located in a mobile home park or recreational vehicle park, whether rent is paid for the recreation vehicle, the land upon which it is located or both. TENANT. Any tenant, subtenant, lessee, sub-lessee or any person entitled to use or occupancy of a rental unit, or any other person residing in the rental unit. § 9.95.020 DUTIES OF THE LANDLORD. (A) A landlord shall not cause or knowingly permit any premises under his or her control to be used or maintained for any illegal drug activity, gang-related crime or in such manner as to constitute a drug-related nuisance. (B) A landlord shall not cause or knowingly permit any tenant to use or occupy premises under the landlord’s control, if the tenant commits, permits, maintains or is involved in any illegal drug activity, gang-related crime or drug-related nuisance on the premises. (C) A landlord shall, in any lease executed after the effective date of this chapter, include language as follows or language that is substantially similar: “During the continuance of this lease, the leased premises will not be used for any purpose in violation of any federal, state, or municipal statute or ordinance, or of any regulation, order, or directive of a governmental agency, as such statutes, ordinances, regulations, orders, or directives now exist or may exist in the future, concerning the use and safety of the premises. On the breach of any provision of this lease by lessee, lessor may, at lessor’s option, terminate this lease immediately and reenter and repossess the premises.” Failure to include this language or substantially similar language shall not relieve the landlord of any other duties required under this chapter, nor shall it be a defense to a prosecution pursuant to this chapter. § 9.95.030 ADMINISTRATIVE PROCEDURES. The Mayor, or his or her designee, may promulgate such administrative procedures as may be necessary to implement the provisions of this chapter. § 9.95.040 RECOVERY OF POSSESSION BY LANDLORD. (A)Grounds for eviction. Notwithstanding any provision of the municipal code to the contrary, a landlord may bring an action to recover possession of a rental unit upon any of the following grounds: (1) The tenant is committing or permitting to exist any illegal drug activity, gang related crime or drug-related nuisance on the premises; or (2) The tenant has been convicted of a crime wherein the underlying offense involves illegal drug activity, drug-related nuisance activity or a gang-related crime on the premises. (B)Waiving testimony cost. Notwithstanding the Cal. Gov’t Code, § 68097.2(b), a public entity may waive all or part of the costs incurred in furnishing the testimony of a peace officer in an unlawful detainer action brought by a landlord to recover possession of a rental unit pursuant to this chapter. § 9.95.050 ENFORCEMENT. (A) Provided the owner of record or agent thereof, and any known manager, of a premises have been served with a written notice by certified mail, return receipt requested, advising that the Chief of Police has determined that the landlord is in violation Packet Page 999 Narcotics and Gang-Related Crime Eviction Program 83 of § 9.95.020(A), and has failed to comply with the provisions of § 9.95.020(A) within 15 business days of the date of service of said notice, or to file an appeal within said period as provided herein, then the city may proceed with enforcement pursuant to this chapter. Notwithstanding enforcement pursuant to this chapter, the city may proceed with an action for injunctive relief or utilize any other remedy provided by law to compel compliance, including, but not limited to, all remedies available to abate a nuisance. (B) For purposes of this section, the written notice shall also identify the offending tenant(s); unit number, if applicable; and the specific violation(s), and shall state the date(s) and time(s) of any observed criminal activity and any resulting arrest(s), and shall further state that, as to such tenant(s), the landlord is required to serve and diligently prosecute either a three-day notice to quit or a 30-day notice to vacate. The term DILIGENTLY PROSECUTE shall mean such prosecution by the landlord as is necessary to cause the subject rental unit to be completely vacated by all tenants who commit, permit, maintain or are involved in any illegal drug activity gang-related crime or drug-related nuisance. No such vacated rental unit may be re-rented, leased or otherwise reoccupied by the prosecuted tenant(s) prior to the expiration of a 12-month period following the vacation of the rental unit by the tenant(s). It is acknowledged that a tenant, in his or her answer to an unlawful detainer action, may raise as an affirmative defense a denial that he or she has engaged in the prohibited conduct. A judicial decision not to order the eviction of a tenant is a defense to prosecution under this chapter. (C) The required notice shall also state that, within said 15-day period, the landlord may file a written appeal of the determination of violation with the City Clerk who shall cause the matter to be set for hearing before the hearing officer. Written notice of the date and time of said hearing shall be served by first class mail, addressed to the landlord’s last known business address. Following the conclusion of the hearing, the hearing officer may affirm, reverse or reverse subject to conditions the Police Chief’s determination of violation. The hearing officer’s decision shall be based upon written findings and shall be final. Any review of the hearing officer’s decision shall be in accordance with the procedures as set forth in the Cal. Code of Civil Procedure, § 1094.5. (D) In the event no appeal is timely filed or an appeal is denied, the city may immediately proceed to enforce the provisions of this chapter against such landlord by way of criminal enforcement action. (E) The offending tenant(s) shall be served with a written notice by certified mail, return receipt requested, advising such tenant(s) that the landlord is being notified of the observed criminal activity and that the landlord is required to serve and diligently prosecute either a three-day notice to quit or a 30-day notice to vacate. The required notice shall also state that within 15 days of the date of the notice, the tenant(s) may file a written appeal of the determination of violation with the City Clerk who shall cause the matter to be set for hearing before the hearing officer. Written notice of the date and time of said hearing shall be served by first class mail, addressed to the tenant(s) last known address. A decision affirming the violation by the hearing officer shall not prevent such tenant(s) from defending any subsequent unlawful detainer action. § 9.95.060 PENALTIES. (A) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. (B) Any person violating any provision of this chapter or failing to comply with any of its requirements shall be punished as follows. (1) For three or less violations occurring within any 12-consecutive month period, a violation of this chapter shall be deemed to be an infraction, punishable by a fine not exceeding $100 for a first violation, $200 for a second violation of the same Packet Page 1000 San Bernardino - Public Peace, Morals and Welfare84 provision within any 12-consecutive month period and a fine not exceeding $500 for a third violation of the same provision occurring within any 12-consecutive month period. (2) A fourth violation of the same provision occurring within any 12-consecutive month period shall be deemed to be a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding $1,000, or by imprisonment not exceeding six months, or by both such fine and imprisonment. § 9.95.070 CIVIL REMEDIES AVAILABLE. The violations of any of the provisions of this chapter adopted shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. § 9.95.080 SEVERABILITY. Should any provision, section, paragraph, sentence or words of this chapter be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this chapter shall remain in full force and effect. (Ord. MC-1049, passed 7-8-1999) Packet Page 1001 CHAPTER 9.96: CRIME-FREE ZONES Section 9.96.010 Purpose 9.96.020 Definitions 9.96.030 Procedure for establishing a crime-free zone 9.96.040 Notice of a crime-free zone 9.96.050 Remaining in certain places within the crime-free zone without consent 9.96.060 Supplemental procedure § 9.96.010 PURPOSE. The purpose of this chapter is to establish a procedure for the designation of crime-free zones within the city. § 9.96.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CRIME-FREE ZONE. An area that is established pursuant to § 9.96.030. DISPERSE. To depart from the designated crime-free zone and not to reassemble within the crime-free zone with anyone from the group ordered to depart for the duration of the zone. ILLEGAL DRUG. Has the same meaning as the term “controlled substance” in the Cal. Health and Safety Code, § 11007. PUBLIC PLACE. The public way and any other location open to the public, whether publicly or privately owned, including, but not limited to, any street, sidewalk, avenue, highway, road, curb area, alley, park, playground or other public ground or public building, any common area of a school, hospital, apartment house, office building, transport facility, shop, privately owned place of business to which the public is invited, including any place of amusement, entertainment or eating place. Any PUBLIC PLACE also includes the front yard area, driveway and walkway of any private residence, business or apartment house. § 9.96.030 PROCEDURE FOR ESTABLISHING A CRIME-FREE ZONE. (A) The City Council may declare any area a crime-free zone by adopting a resolution setting forth the boundaries of such area. (B) In determining whether to designate a crime-free zone, the City Council shall consider the following: (1) The occurrence of a disproportionately high number of arrests for the possession or distribution of illegal drugs, crimes against property, crimes against persons and other violent crimes in the proposed crime-free zone; (2) Objective evidence or verifiable information that shows that illegal drugs are being sold and distributed within the proposed crime-free zone; and (3) Any other verifiable information from which the Council may ascertain whether the health and safety of residents who live in the proposed crime-free zone are endangered by the purchase, sale or use of illegal drugs or other illegal activity. 85 Packet Page 1002 San Bernardino - Public Peace, Morals and Welfare86 § 9.96.040 NOTICE OF A CRIME-FREE ZONE. Upon the designation of a crime-free zone, the city shall mark each block within the crime-free zone by posting the following information in the immediate area of, and on the borders around, the crime-free zone: (A) A statement that the area has been designated a crime-free zone; (B) The boundaries of the crime-free zone; (C) A statement of the effective dates of the crime-free zone designation; and (D) Any other additional notice to inform the public of the crime-free zone. § 9.96.050 REMAINING IN CERTAIN PLACES WITHIN THE CRIME-FREE ZONE WITHOUT CONSENT. (A) It is unlawful for any person, other than a public officer or employee acting within the course and scope of his or her employment, to enter or remain in any public place, as defined in this chapter, or private property, without the implied or express consent of the owner, his or her agent or person in lawful possession thereof, or with the knowledge that such consent has been withdrawn. (B) This section shall not apply in any of the following instances: (1) Where its application is directly related to an act prohibited by the Unruh Civil Rights Act or other law relating to prohibited discrimination against any person on account of sex, color, race, religion, creed, ancestry or national origin; (2) Where its application involves or is directly related to an act prohibited by the Cal. Penal Code, § 365 or other law relating to the duties of innkeepers or common carriers; or (3) Where the property described in division (A) above is owned, leased or operated by the city or any other public entity and is open to the public and the application of this section would result in an interference or inhibition of the exercise of constitutionally protected right of freedom of speech; provided the exercise of such right does not involve prohibited conduct, including, but not limited to, conduct prohibited by the Cal. Penal Code, §§ 647 or 415 or any law or ordinance relating to the obstruction of any street, sidewalk or other public place or place open to the public. (C) Any person violating this section is guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010 except that any person violating this section shall be placed on summary probation with the term and condition that they stay away from the crime-free zone. Statutory reference: Unruh Civil Rights Act, see Cal. Civil Code, § 51 § 9.96.060 SUPPLEMENTAL PROCEDURE. The prohibitions set forth in this chapter are supplemental to any similar prohibitions set forth in state law. (Ord. MC-1228, passed 7-12-2006) Packet Page 1003 Crime-Free Zones 87 Packet Page 1004 San Bernardino - Public Peace, Morals and Welfare88 Packet Page 1005 CHAPTER 9.97: REGULATION OF REGISTERED SEX OFFENDERS Section 9.97.010 Intent and purpose 9.97.020 Definition 9.97.030 Prohibitions Editor’s note: Ord. MC-1415, passed 7-20-2015 added “Chapter 9.97 Psychoactive Bath Salts, Psychoactive Herbal Incense and Other Synthetic Drugs” in such a way that might have supplanted “Chapter 9.97 Regulation of Registered Sex Offenders,” which was not the intention of the Mayor and CommonCity Council. On advice from the City Attorney, Chapter 9.97 remains “Regulation of Registered Sex Offenders” and “Psychoactive Bath Salts, Psychoactive Herbal Incense and Other Synthetic Drugs” has been moved to Chapter 9.98. This non-substantive change of chapter number is the only change from Ord. MC-1415. § 9.97.010 INTENT AND PURPOSE. (A) The Mayor and CommonCity Council desire to impose safety precautions in furtherance of the compelling interest of protecting children from registered sex offenders by restricting registered sex offenders’ access to locations where children regularly gather. The Mayor and CommonCity Council find that registered sex offenders pose a clear threat to the children residing in or visiting the community. It is the intent of the restrictions in this chapter to reduce the threat that registered sex offenders pose to these children by limiting the ability of registered sex offenders to be in contact with these children on Halloween, the evening of October 31. (B) Currently, state law does not address the areas that registered sex offenders can frequent, focusing only on where registered sex offenders can reside. This chapter is not intended to conflict with, but to supplement, state law by imposing additional restrictions on the locations where registered sex offenders may reside, imposing restrictions on the locations where registered sex offenders may frequent and imposing reasonable time, place and manner restrictions on registered sex offenders’ contact with children. (Ord. MC-1380, passed 10-17-2012) § 9.97.020 DEFINITION. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. REGISTERED SEX OFFENDER. Any person who has been convicted of an offense against a child and is required to register as a sex offender, pursuant to the Cal. Penal Code, §§ 290 et seq. (Ord. MC-1380, passed 10-17-2012) § 9.97.030 PROHIBITIONS. Any registered sex offender on October 31 of each year shall: (A) Leave all exterior residential, decorative and ornamental lighting at his or her residence off between 5:00 p.m. and 11:59 p.m.; 89 Packet Page 1006 San Bernardino - Public Peace, Morals and Welfare90 (B) Not decorate or maintain any Halloween decorations on the exterior or any interior portion of his or her residence that is visible to the public; and (C) Be prohibited from answering the door of his or her residence to children who are engaging in the practice of asking for treats on Halloween, commonly called “trick-or-treating.” (Ord. MC-1380, passed 10-17-2012) Packet Page 1007 CHAPTER 9.98: PSYCHOACTIVE BATH SALTS, PSYCHOACTIVE HERBAL INCENSE AND OTHER SYNTHETIC DRUGS Section 9.98.010 Purpose and intent 9.98.020 Definitions 9.98.030 Provision, sale and/or distribution of synthetic drugs prohibited 9.98.040 Provision, sale and/or distribution of substances claimed or represented to be synthetic drugs prohibited 9.98.050 Possession of synthetic drugs prohibited 9.98.060 Public nuisance 9.98.070 Summary abatement 9.98.080 Revocation of business license 9.98.090 Penalties 9.98.100 Seizure of evidence 9.98.110 Exclusions 9.98.120 Severability Editor’s note: Ord. MC-1415, passed 7-20-2015 added “Chapter 9.97 Psychoactive Bath Salts, Psychoactive Herbal Incense and Other Synthetic Drugs” in such a way that might have supplanted “Chapter 9.97 Regulation of Registered Sex Offenders,” which was not the intention of the Mayor and CommonCity Council. On advice from the City Attorney, Chapter 9.97 remains “Regulation of Registered Sex Offenders” and “Psychoactive Bath Salts, Psychoactive Herbal Incense and Other Synthetic Drugs” has been moved to Chapter 9.98. This non-substantive change of chapter number is the only change from Ord. MC-1415. § 9.98.010 PURPOSE AND INTENT. Recreational use of psychoactive bath salts, psychoactive herbal incense and similar products commonly known as “synthetic drugs” has been documented to cause hallucinations, agitation, psychosis, aggression, suicidal and homicidal ideation, cannibalism and death. While state and federal laws and regulations prohibit some synthetic drugs, the makers of these drugs continually alter the composition of the compounds in their products so as to escape the purview of these laws and regulations. The purpose and intent of this chapter is to provide the city with reasonable measures to address the dangers to the community posed by synthetic drugs that are not regulated by state or federal law. (Ord. MC-1415, passed 7-20-2015) § 9.98.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. C O N S U M E , C O N S U M I N G o r CONSUMPTION. To ingest, inhale, inject, smoke or snort (insufflate). DISTRIBUTE , DISTRIBUTING or DISTRIBUTION. To furnish, give away, exchange, transfer, deliver or supply, whether for monetary gain or not. PERSON. Any natural person, business, firm, company, corporation, public corporation, club, trust, partnership, association and/or similar organization. POSSESS, POSSESSING or POSSESSION. To 91 Packet Page 1008 San Bernardino - Public Peace, Morals and Welfare92 have for consumption, distribution or sale in one’s actual or constructive custody or control, or under one’s authority or power, whether such custody, control, authority and/or power be exercised solely or jointly with others. PROVIDE, PROVIDING or PROVISION. Offering to distribute or sell a product or substance to any person. PSYCHOACTIVE BATH SALTS. (1) Any crystalline or powder product that contains a synthetic chemical compound that, when consumed, elicits psychoactive or psychotropic stimulant effects. The term PSYCHOACTIVE BATH SALTS includes without limitation: (a) Products that elicit psychoactive or psychotropic stimulant effects and contain any of the following intoxicating chemical compounds: 1. Cathinone (2-amino-1-phenyl- 1-propanone), 4-methylmethcathinone (2-methylamino- 1-(4-methylphenyl) propan-1-one), 4- methoxymethcathinone (1-(4-methoxyphenyl)-2- (methylamino) propan-1-one), MDPV (methylenedioxypyrovalerone), MDMA (3,4- methylenedioxy-N-methylamphetamine), methylone (3,4-methylenedioxy-N-methylcathinone), methcathinone (2-(methylamino)-1-phenyl-propan-1- one), flephedrone (4-fluoromethcathinone), 3-FMC (3- fluoromethcathinone), ethcathinone (2-ethylamino-1- phenyl-propan-1-one), butylone (-keto-N- methylbenzodioxolyl butanamine), a-PPP (-pyrrolidinopropiophenone), MPPP (4’-methyl- pyrrolidinopropiophenone), MD PPP (3’,4’- methylenedioxy-pyrrolidinopropiophenone), -PVP (1- phenyl-2-(1-pyrrolidinyl)-1-pentanone) or naphyrone (1-naphthalen-2-yl-2-pyrrolidin-1-ylpentan-1-one); 2. Any derivative of the above listed intoxicating chemical compounds; 3. Any synthetic substance and its isomers with a chemical structure similar to the above listed compounds; 4. Any chemical alteration of the above listed intoxicating chemical compounds; or 5. Any other substantially similar chemical structure or compound. (b) Products that elicit psychoactive or psychotropic stimulant effects and are marketed under any of the following trade names: Bliss, Blizzard, Blue Silk, Bonzai Grow, Charge Plus, Charlie, Cloud Nine, Euphoria, Hurricane, Ivory Snow, Ivory Wave, Lunar Wave, Ocean, Ocean Burst, Pixie Dust, Posh, Pure Ivory, Purple Wave, Red Dove, Scarface, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Night and White Lightning. (2) The term PSYCHOACTIVE BATH SALTS shall not include any product, substance, material, compound, mixture or preparation that is specifically excepted by the California Uniform Controlled Substances Act (“UCSA”) (Cal. Health and Safety Code, §§ 11000 et seq.), listed in one of the UCSA’s schedules of controlled substances (Cal. Health and Safety Code, §§ 11053-11058through 11059); regulated by one of the UCSA’s Synthetic Drug Laws (Cal. Health and Safety Code, §§ 11357.5, 11375.5 and 11401); regulated by the CSAControlled Substances Act (21 U.S.C. §§ 81801 et seq.); or approved by the Food and Drug Administration (“FDA”). PSYCHOACTIVE HERBAL INCENSE. (1) Any organic product consisting of plant material that contains a synthetic stimulant compound that, when consumed, elicits psychoactive or psychotropic euphoric effects. The term PSYCHOACTIVE HERBAL INCENSE includes, without limitation: (a) Products that elicit psychoactive or psychotropic euphoric effects and contain any of the following intoxicating chemical compounds: 1. Cannabicyclohexanol (2- [(1R,3S)-3-hydroxycyclohexyl]-5-(2-methylnonan-2-yl) phenol), JWH-018 (naphthalen-1-yl-(1-pentylindol-3- yl) methanone), JWH-073 (naphthalen-1-yl-(1- butylindol-3-yl) methanone), JWH-200 ((1-(2- morpholin-4-ylethyl) indol-3-yl)-naphthalen-1- Packet Page 1009 Psychoactive Bath Salts, Psychoactive Herbal Incense and Other Synthetic Drugs 93 ylmethanone), HU-210 ((6aR,10aR)-9- (Hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)- 6a, 7, 10, 10a-tetrahydrobenzo [c]chromen-1-ol), CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]-5-)2- methyloctan-2-yl)phenol) CP 47,497 (2-[(1R,3S)-3- hydroxycyclohexyl]-5-(2-methyloctan-2-yl) phenol) or AM-2201 (1-[(5-fluoropentyl)-1H-indol-3-yl]- (naphthalen-1-yl) methanone); 2. Any derivative of the above listed intoxicating chemical compounds; 3. Any synthetic substance and its isomers with a chemical structure similar to the above listed intoxicating chemical compounds; 4. Any chemical alteration of the above listed intoxicating chemical compounds; or 5. Any other substantially similar chemical structure or compound. (b) Products that elicit psychoactive or psychotropic euphoric effects and are marketed under any of the following trade names: K2, K3, Spice, Genie, Smoke, Potpourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Black Mamba, Stinger, Ocean Blue, Stinger, Serenity, Fake Weed and Black Mamba. (2) The term PSYCHOACTIVE HERBAL INCENSE shall not include any product, substance, material, compound, mixture or preparation that is specifically excepted by the UCSA (Cal. Health and Safety Code, §§ 11000 et seq.), listed in one of the UCSA’s schedules of controlled substances (Cal. Health and Safety Code, §§ 11053 through 11058through 11059); regulated by one of the UCSA’s Synthetic Drug Laws (Cal. Health and Safety Code, §§ 11357.5, 11375.5 and 11401); regulated by the CSAControlled Substances Act (21 U.S.C. §§ 81801 et seq.); or approved by the FDA. PSYCHOACTIVE OR PSYCHOTROPIC EUPHORIC EFFECTS. Affecting the central nervous system or brain function to change perception, mood, consciousness, cognition and/or behavior in ways that are similar to the effects of cannabis. PSYCHOACTIVE OR PSYCHOTROPIC STIMULANT EFFECTS. Affecting the central nervous system or brain function to change perception, mood, consciousness, cognition and/or behavior in ways that are similar to the effects of cocaine, methylphenidate or amphetamines. SELL, SELLING or SALE. To furnish, exchange, transfer, deliver or supply for monetary gain. SYNTHETIC DRUG. Shall include psychoactive bath salts and psychoactive herbal incense, as those terms are defined hereinabove. (Ord. MC-1415, passed 7-20-2015) § 9.98.030 PROVISION, SALE AND/OR DISTRIBUTION OF SYNTHETIC DRUGS PROHIBITED. (A) It is unlawful for any person to claim or represent that a product that person is providing, distributing or selling is a synthetic drug within the city. (B) Merely disclaiming a synthetic drug as “not safe for human consumption” will not avoid the application of the section. (Ord. MC-1415, passed 7-20-2015) § 9.98.040 PROVISION, SALE AND/OR DISTRIBUTION OF SUBSTANCES CLAIMED OR REPRESENTED TO BE SYNTHETIC DRUGS PROHIBITED. (A) It is unlawful for any person to claim or represent that a product that person is providing, distributing or selling is a synthetic drug within the city. (B) To determine if a person is claiming or representing that a product is a synthetic drug, the enforcing officer may consider any of the following evidentiary factors: (1) The product is not suitable for its marketed use (such as crystalline or powder product Packet Page 1010 San Bernardino - Public Peace, Morals and Welfare94 being marketed as “glass cleaner”); (2) The business providing, distributing or selling the product does not typically provide, distribute or sell products that are used for that product’s marketed use (such as a liquor store selling “plant food”); (3) The product contains a warning label that is not typically present on products that are used for that product’s marketed use (such as “not for human consumption,” “not for purchase by minors” or “does not contain chemicals banned by the Cal. Health and Safety Code, § 11357.5”); (4) The product is significantly more expensive than products that are used for that product’s marketed use (such as one-half of a gram of a substance marketed as “glass cleaner” costing $50); (5) The product resembles an illicit street drug (such as cocaine, methamphetamine or marijuana); or (6) The product’s name or packaging uses images or slang referencing an illicit street drug (such as “Eight Ballz” or “Green Buddha”). (C) Merely disclaiming a substance claimed or represented to be a synthetic drug as “not safe for human consumption” will not avoid the application of this section. (Ord. MC-1415, passed 7-20-2015) § 9.98.050 POSSESSION OF SYNTHETIC DRUGS PROHIBITED. It is unlawful for any person to possess any synthetic drug within the city. (Ord. MC-1415, passed 7-20-2015) § 9.98.060 PUBLIC NUISANCE. (A) It is a public nuisance for any person to provide, distribute or sell any synthetic drug within the city. (B) It is a public nuisance for any person to allow the provision, distribution or sale of any synthetic drug on property owned, controlled or managed by such person within the city. (C) It is a public nuisance for any person to provide, distribute or sell any substance claimed or represented to be a synthetic drug within the city. (D) It is a public nuisance for any person to allow the provision, distribution or sale of any substance claimed or represented to be a synthetic drug on property owned, controlled or managed by such person within the city. (E) To determine if a person is claiming or representing that a substance or product is a synthetic drug, the enforcing officer may consider any of the evidentiary factors set forth in § 9.98.040(B). (Ord. MC-1415, passed 7-20-2015) § 9.98.070 SUMMARY ABATEMENT. Because the use of synthetic drugs has been documented to cause hallucinations, agitation, psychosis, aggression, suicidal and homicidal ideation, cannibalism and death, any violation of the chapter presents a grave and imminent danger not only to the person consuming the synthetic drug, but also to the public at large. If the enforcement officer, based on the facts then known, determines that a violation of this chapter presents an imminent danger or hazard or is imminently injurious to the public health or safety, then that violation is punishable by the summary abatement. (Ord. MC-1415, passed 7-20-2015) § 9.98.080 REVOCATION OF BUSINESS LICENSE. No person holding a validly issued city business license and owning or operating a business in the city may use that business to provide, distribute or sell any synthetic drug or any substance claimed or represented to be a synthetic drug. A violation of this section by the holder of a validly issued city business license shall constitute grounds for the modification, suspension Packet Page 1011 Psychoactive Bath Salts, Psychoactive Herbal Incense and Other Synthetic Drugs 95 and/or revocation of said license. (Ord. MC-1415, passed 7-20-2015) § 9.98.090 PENALTIES. (A)Misdemeanor violation. Failure to comply with any of the requirements of this chapter is a misdemeanor punishable by imprisonment in the county jail for a period not exceeding six months or by fine not exceeding $1,000, or by both; provided that where the City Attorney determines that such action would be in the interest of justice, he or she may specify in the accusatory pleading that the offense shall be an infraction. (B)Infraction violation. Where the City Attorney determines that, in the interest of justice, a violation of this chapter is an infraction, such infraction is punishable by a fine not exceeding $100 for a fist violation, a fine not exceeding $200 for a second violation of the same provision within one year and a fine not exceeding $500 for each additional infraction violation of the same provision withing one year. An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury and shall not be entitled to have the public defender or other counsel appointed at public expense to represent him or her, unless he or she is arrested and not released on his or her written promise to appear, his or her own recognizance or a deposit of bail. However, any person who has previously been convicted two or more times during any 12-month period for any violation of this chapter for a crime made punishable as an infraction shall be charged with a misdemeanor upon the third violation. (C)Separate offense. Each person committing, causing or maintaining a violation of this chapter or failing to comply with the requirements set forth herein shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, maintained or permitted by such person and shall be punishable accordingly. (D)Civil remedies available; remedies cumulative. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall constitute a public nuisance and may be abated by the city by civil process by means of a restraining order, preliminary or permanent injunction or in any manner provided by law for the abatement of such nuisance. All remedies herein are cumulative and non-exclusive. (E)Administrative citation/administrative civil penalty. In lieu of issuing a criminal citation, the city may issue an administrative citation pursuant to Chapter 9.92 or an administrative civil penalty pursuant to Chapter 9.93 to any person responsible for committing, causing or maintaining a violation of this chapter. Nothing in this section shall preclude the city from also issuing a citation upon the occurrence of the same offense on a separate day. (F)Additional penalties; costs of abatement. Nothing in this chapter shall preclude the city from pursuing the remedies made applicable hereto elsewhere in this municipal code or under state law, including, but not limited to, as applicable, denial or revocation of certificates of occupancy and injunctive relief. In any administrative or criminal proceeding involving the abatement of a public nuisance, the city shall also be entitled to recover its full reasonable costs of abatement, including, but not limited to, investigation, analysis and prosecuting the enforcement against the guilty party, upon submission of proof of such cost by the city. (G)Public nuisance remedies. The prevailing party in any proceeding associated with the abatement of a public nuisance as provided herein shall be entitled to recovery of attorneys’ fees incurred in any such proceeding, where the city has elected, at the initiation of that individual action or proceeding to seek recovery of its own attorneys’ fees. In no action, administrative proceeding or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding. (Ord. MC-1415, passed 7-20-2015) § 9.98.100 SEIZURE OF EVIDENCE. Any product(s) or substances(s) possessed, provided, distributed or sold in violation of any Packet Page 1012 San Bernardino - Public Peace, Morals and Welfare96 provision of this chapter shall be seized by the enforcing officers and removed and stored in accordance with law. (Ord. MC-1415, passed 7-20-2015) § 9.98.110 EXCLUSIONS. (A) This chapter shall not apply to drugs or substances lawfully prescribed or to intoxicating chemical compounds which have been approved by the Federal Food and Drug Administration or which are specifically permitted by state law, including, without limitation, intoxicating chemical compounds that are specifically excepted by the State Uniform Controlled Substances Act (Cal. Health and Safety Code, §§ 11000 et seq.). (B) This chapter shall not apply to drugs or substances which are prohibited by state or federal law, including, without limitation, Cal. Health and Safety Code, §§ 11357.5, 11375.5, 11401 and the Federal Controlled Substances Act. (C) This chapter shall not be deemed to prescribe any act which is positively permitted, prohibited or preempted by any state or federal law or regulation. (Ord. MC-1415, passed 7-20-2015) Statutory reference: Federal Controlled Substances Act, see 21 U.S.C. §§ 801 et seq. § 9.98.120 SEVERABILITY. If any division, sentence, clause or phrase of this chapter is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state or federal legislation, such decision or legislation shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have passed this chapter and each and every division, sentence, clause or phrase not declared invalid or unconstitutional without regard to any such decision or preemptive legislation. (Ord. MC-1415, passed 7-20-2015) Packet Page 1013 TITLE 10: VEHICLES AND TRAFFIC Chapter ARTICLE I. GENERAL REGULATIONS 10.04. DEFINITIONS 10.08. OBEDIENCE TO TRAFFIC REGULATIONS 10.12. TRAFFIC-CONTROL DEVICES 10.16. STOPPING, STANDING AND PARKING 10.20. SPECIAL STOPS 10.24. OPERATION OF VEHICLES AND BICYCLES 10.25. VEHICLES FOR SALE ON PUBLIC STREETS 10.28. PEDESTRIANS 10.32. BUSES AND RAILROAD TRAINS 10.36. LOADING ZONES, BUS STOPS AND CROSSWALKS 10.38. DRIVE-IN ESTABLISHMENTS 10.40. DAMAGE TO PROPERTY 10.44. VIOLATION - PENALTY ARTICLE II. SPECIFIC REGULATIONS 10.48. BICYCLES 10.52. SPEED LIMITS 10.56. NOISE LIMITS 1 Packet Page 1014 San Bernardino - Vehicles and Traffic2 Packet Page 1015 ARTICLE I. GENERAL REGULATIONS CHAPTER 10.04: DEFINITIONS Section 10.04.010 Defined words from Vehicle Code 10.04.020 Generally 10.04.025 Abandoned vehicle 10.04.030 Alley 10.04.040 Commercial vehicle 10.04.050 Reserved 10.04.060 Holiday and holidays 10.04.070 Loading zone 10.04.080 Official traffic-control devices 10.04.090 Official traffic signals 10.04.095 Off-street parking facility 10.04.100 Owned by the city 10.04.110 Park 10.04.120 Parkway 10.04.130 Passenger loading zone 10.04.140 Pedestrian 10.04.150 Police officer and Chief of Police 10.04.160 Shall and may 10.04.170 Stop 10.04.180 Stop or stand Statutory reference: For provisions defining terms used in the California Vehicle Code, see Cal. Vehicle Code, §§ 100 et seq. § 10.04.010 DEFINED WORDS FROM VEHICLE CODE. The following words and phrases, when used in this article, shall, for the purpose of this article, have the meaning respectively ascribed to them by the California Vehicle Code as of the effective date of the ordinance codified in this article, or as hereafter amended, which meaning is adopted by reference, and made a part of this article: authorized emergency vehicle, authorized emergency vehicle (privately owned), business district, bicycle, crosswalk, driver, intersection, motorcycle, motortruck, motor vehicle, operator, person, private road or driveway, residence district, roadway, safety zone, sidewalk, street or highway, through highway and vehicle. (Ord. 1652, passed 3-18-1941; Ord. 3233, passed 1-18-1972) § 10.04.020 GENERALLY. Whenever, in this article, the words and phrases set forth in this chapter are used, they shall, for the purpose of this article, have the meanings respectively ascribed to them in this chapter. (Ord. 1652, passed 3-18-1941) § 10.04.025 ABANDONED VEHICLE. ABANDONED VEHICLE. Any vehicle left standing or parked for 72 or more consecutive hours upon a street, alley, off-street parking facility, public property or private property without the consent of the owner. (Ord. MC-668, passed 7-19-1989) § 10.04.030 ALLEY. ALLEY. Any street less than 25 feet in width between property lines. (Ord. 1652, passed 3-18-1941) 3 Packet Page 1016 San Bernardino - Vehicles and Traffic4 § 10.04.040 COMMERCIAL VEHICLE. COMMERCIAL VEHICLE. A vehicle, of a type required to be registered under the California Vehicle Code, designated, used or maintained primarily for the transportation of persons or property for hire. (Ord. MC-668, passed 7-19-1989) § 10.04.050 RESERVED. [Reserved] (Repealed by Ord. MC-210, passed 9-20-1982) § 10.04.060 HOLIDAY AND HOLIDAYS. HOLIDAY and HOLIDAYS. As used in this article, or any resolution adopted pursuant thereto, means and includes state holidays, including such holidays when celebrated on the Monday following the Sunday upon which any of such holidays may fall. (Ord. 1652, passed 3-18-1941; Ord. 2690, passed 10-5-1965) § 10.04.070 LOADING ZONE. LOADING ZONE. The space adjacent to a curb reserved for the exclusive use of commercial vehicles for the loading or unloading of passengers or freight. (Ord. MC-668, passed 7-19-1989) § 10.04.080 OFFICIAL TRAFFIC-CONTROL DEVICES. OFFICIAL TRAFFIC-CONTROL DEVICES. All signs, signals, markings and devices not inconsistent with this article, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. (Ord. 1652, passed 3-18-1941) § 10.04.090 OFFICIAL TRAFFIC SIGNALS. OFFICIAL TRAFFIC SIGNALS. Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed, and which is erected by authority of a public body or official having jurisdiction. (Ord. 1652, passed 3-18-1941) § 10.04.095 OFF-STREET PARKING FACILITY. OFF-STREET PARKING FACILITY. Any off-street facility held open for use by the public for parking vehicles and includes any publicly owned facilities for off-street parking and privately owned facilities for off-street parking where no fee is charged for the privilege to park and which are held open for the common public use of retail customers. (Ord. MC-668, passed 7-19-1989) § 10.04.100 OWNED BY THE CITY. OWNED BY THE CITY. As used in this article, or any resolution adopted pursuant thereto, means owned, leased, operated or controlled by the city. (Ord. 1652, passed 3-18-1941; Ord. 3233, passed 1-18-1972) § 10.04.110 PARK. PARK. The stopping or standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of, and while actually engaged in, loading or unloading passengers or materials. (Ord. 1652, passed 3-18-1941) § 10.04.120 PARKWAY. PARKWAY. The portion of a street other than a roadway or a sidewalk. (Ord. 1652, passed 3-18-1941) Packet Page 1017 Definitions 5 § 10.04.130 PASSENGER LOADING ZONE. PASSENGER LOADING ZONE. The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. (Ord. 1652, passed 3-18-1941) § 10.04.140 PEDESTRIAN. PEDESTRIAN. Any person afoot. (Ord. 1652, passed 3-18-1941) § 10.04.150 POLICE OFFICER AND CHIEF OF POLICE. CHIEF OF POLICE. On and after the effective date of this section, the duties of the Chief of Police under this article, as set forth in §§ 10.12.010(A)(3), 10.12.020, 10.12.040, 10.16.010, 10.16.020, 10.16.030, 10.16.070, 10.16.090, 10.20.010, 10.36.010, 10.36.020 and 10.44.010, shall become the duties of the City Engineer and wherever the title “Chief of Police” appears in said sections, the designation thereof shall be “City Engineer” for all purposes and shall be cited and referred to accordingly. POLICE OFFICER. Every officer of the Police Department of this city. (Ord. 1652, passed 3-18-1941; Ord. 2392, passed 9-26-1961) § 10.04.160 SHALL AND MAY. SHALL is mandatory and MAY is permissive. (Ord. 1652, passed 3-18-1941) § 10.04.170 STOP. STOP. When required, means complete cessation of movement. (Ord. 1652, passed 3-18-1941) § 10.04.180 STOP OR STAND. STOP or STAND. When prohibited, means any stopping of a vehicle except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic-control device. (Ord. 1652, passed 3-18-1941) Packet Page 1018 San Bernardino - Vehicles and Traffic6 Packet Page 1019 CHAPTER 10.08: OBEDIENCE TO TRAFFIC REGULATIONS Section 10.08.010 Obedience to police 10.08.020 Exemptions to authorized emergency vehicles Statutory reference: For provisions on local authority to regulate traffic by means of traffic officers, see Cal. Vehicle Code, § 21100. § 10.08.010 OBEDIENCE TO POLICE. Officers of the Police Department, and such individuals as are designated by the Chief of Police, or his or her representative, are authorized to direct all traffic by means of visible or audible signal, and it is unlawful for any person to refuse or fail to comply with any such unlawful order, signal or direction. It is unlawful for any minor to direct or attempt to direct traffic, except when so authorized to do so by the Chief of Police or said Chief’s representative. (Ord. 1652, passed 3-18-1941) § 10.08.020 EXEMPTIONS TO AUTHORIZED EMERGENCY VEHICLES. The provisions of this article regulating the operation, parking and standing of vehicles shall not apply to authorized emergency vehicles, or authorized emergency vehicles (privately owned), as defined in § 10.04.010. (Ord. 1652, passed 3-18-1941) 7 Packet Page 1020 San Bernardino - Vehicles and Traffic8 Packet Page 1021 CHAPTER 10.12: TRAFFIC-CONTROL DEVICES Section 10.12.010 Traffic signals, safety zones, turning markers and turns 10.12.020 One-way streets and alleys 10.12.030 Obedience to no-turn signs and turning markers 10.12.040 Signaling devices 10.12.050 Enforcement Statutory reference: For provisions on local authority to place traffic-control devices, see Cal. Vehicle Code, §§ 21351 et seq. and 21450 et seq. § 10.12.010 TRAFFIC SIGNALS, SAFETY ZONES, TURNING MARKERS AND TURNS. (A) The CommonCity Council shall, by resolution, authorize: (1) The installation and maintenance of official traffic signals at such intersections and other places as it may deem necessary for the regulation of traffic; (2) The establishment of safety zones at such places as it may deem necessary for the protection of pedestrians; and (3) The establishment of turning markers, U-turns and right and left turns at such places as it may deem necessary for the regulation of traffic; provided, however, the City Engineer or Director of Public Services are authorized to designate safety zones, no parking zones, turning markers, U-turns and right and left turns in all cases of emergency or as a temporary measure for a period of not exceeding 15 days at such place or places as such officer may deem necessary. The City Engineer shall erect official traffic signals at such appropriate place or places, and the Director of Public Services shall erect such official traffic signs at such place or places. (B) The City Engineer shall install and maintain, or cause to be installed and maintained, such official traffic signals as are authorized by the CommonCity Council; the Director of Public Services shall install and maintain, or cause to be installed and maintained, such official safety zones, turning markers, U-turns and right and left turns as are authorized by the CommonCity Council. (C) The City Engineer is authorized to cause the placing and maintenance of warning and control devices for public works projects being done under contract with the city. Any person or firm performing work in a city street pursuant to such a contract shall provide warning and control devices as may be required in accordance with the latest edition of the “Work Area Traffic Control Handbook” (“WATCH”), as promulgated by the American Public Works Association, or as may be approved by the City Engineer. Such devices shall be removed after completion of the work or improvement project when their use is no longer required. (D) The Director of Public Services is authorized to cause the placing and maintenance of warning and control devices for street cutting and street improvement projects not performed under public works contract with the city. Designation of the types and number and placement of signs shall be the duty of the City Engineer, or his or her designee, who shall file a copy of any such designation with the Director of Public Services. Any person or firm performing work in a city street, other than as a contractor on a public works project for the city, shall provide warning and control devices as may be required in accordance with the latest edition of the “Work Area Traffic Control Handbook” (“WATCH”), as promulgated by the American Public Works 9 Packet Page 1022 San Bernardino - Vehicles and Traffic10 Association, or as may be approved by the Director of Public Services. The Director of Public Services shall have authority to enforce the placement and maintenance of all such traffic-control devices as are designated by the City Engineer or as are otherwise required by the Director of Public Services. Such devices shall be removed after completion of the work or improvement project when their use is no longer required. (Ord. 1652, passed 3-18-1941; Ord. 3658, passed 7-18-1977; Ord. MC-344, passed 2-22-1984) § 10.12.020 ONE-WAY STREETS AND ALLEYS. Whenever the CommonCity Council, by resolution, designates any one-way street or alley, the Director of Public Services shall install and maintain signs giving notice thereof and indicating the course to be traveled. When such signs are so erected, no person shall drive any vehicle in a direction contrary thereto. (Ord. 1652, passed 3-18-1941; Ord. 1706, passed 12-21-1943; Ord. MC-344, passed 2-22-1984) § 10.12.030 OBEDIENCE TO NO-TURN SIGNS AND TURNING MARKERS. Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no driver of any vehicle, except a bus, shall disobey the directions of any such sign; and when authorized marks, buttons or other indications are placed within an intersection indicating the course to be traveled by vehicles turning thereat, no driver of any vehicle, except a bus, shall disobey the directions of such indications; provided that such exception shall be observed as are permitted by law. (Ord. 1652, passed 3-18-1941; Ord. 2856, passed 10-3-1967) § 10.12.040 SIGNALING DEVICES. It is unlawful for the operator of any vehicle to make a right turn in violation of or against a red or stop signal at any intersection in the city when a sign is erected at such intersection prohibiting any such right turn against a red or stop signal. The Mayor and CommonCity Council shall, by resolution, designate such intersections, and the Director of Public Services shall cause signs to be placed and maintained prohibiting any such right turn as herein provided. (Ord. 1652, passed 3-18-1941; Ord. 1949, passed 7-22-1952; Ord. MC-344, passed 2-22-1984; Ord. MC-460, passed 5-15-1985) § 10.12.050 ENFORCEMENT. No provision of this article for which signs are required shall be enforced against an alleged violator if, at the time and place of the alleged violation, an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. (Ord. 1652, passed 3-18-1941) Packet Page 1023 Traffic-Control Devices 11 Packet Page 1024 San Bernardino - Vehicles and Traffic12 Packet Page 1025 CHAPTER 10.16: STOPPING, STANDING AND PARKING Section 10.16.010 Parking time limited in certain places 10.16.020 Parking prohibited at any time 10.16.030 Angle parking 10.16.040 Parking parallel on one-way streets 10.16.050 Loading and unloading passengers and freight 10.16.060 Parking spaces 10.16.070 Twenty-minute parking 10.16.080 Bus and taxicab stands 10.16.090 Stopping prohibited within certain places 10.16.100 Unlawful parking for certain purposes 10.16.110 Limited parking - alleys and narrow streets 10.16.120 Parking of commercial vehicles prohibited on public streets and rights-of-way; exceptions 10.16.130 Application of other laws prohibiting the stopping, standing or parking of vehicles 10.16.140 Removal of ignition key 10.16.150 Parking enforcement 10.16.160 Reserved 10.16.170 Parking - Commissioners 10.16.180 Exemption to parking restriction - issuing of permit 10.16.190 Parking - Commissioners’ permits 10.16.200 Limited parking - street sweeping 10.16.210 Parking limitations - Central City Mall 10.16.220 Reserved 10.16.230 Parking abandoned vehicles 10.16.240 Parking on unpaved parcels of real property 10.16.250 Parking on unpaved parcels of multi-residential, commercial or industrial property 10.16.260 Parking of recreation vehicles on public right-of-way 10.16.270 Parking limitations - San Bernardino Baseball Stadium premises 10.16.280 Parking on off-street parking areas 10.16.290 Private property vehicle impound report and fee Statutory reference: For provisions on local parking curb markings, see Cal. Vehicle Code, § 21458. For provisions on local parking regulations, see Cal. Vehicle Code, §§ 22500 et seq. and 22652. For provisions on local traffic regulation, see Cal. Vehicle Code, §§ 21100 et seq. § 10.16.010 PARKING TIME LIMITED IN CERTAIN PLACES. (A) Whenever the Mayor and CommonCity Council, by resolution, determine that any street, alley or portion thereof, or other property owned, leased, operated or controlled by the city, shall be restricted or limited as to time or purpose of parking thereon, the Director of Public Services shall cause signs or markings giving adequate notice thereof to be placed and maintained on such street, alley or other property indicating such limitations or purposes as may be provided in such resolution. (B) After the sign or marking has been placed pursuant to this section, it is unlawful for any driver of any vehicle to park such vehicle on such street, alley or portion thereof, or other property for a time longer or for a purpose other than is indicated on the sign or marking, or contrary to the restriction indicated on the sign or marking. 13 Packet Page 1026 San Bernardino - Vehicles and Traffic14 (C) The driving or moving of a vehicle from one parking space to a different parking space in the same time-restricted street, alley or portion thereof, or other property, shall not be deemed a defense to the time limitations imposed by this section. (Ord. 1652, passed 3-18-1941; Ord. 3328, passed 1-17-1973; Ord. 3837, passed 6-19-1979; Ord. 3845, passed 7-11-1979; Ord. MC-344, passed 2-22-1984) § 10.16.020 PARKING PROHIBITED AT ANY TIME. (A) Whenever the CommonCity Council determines, by resolution, that the stopping, standing or parking of any vehicle upon any street, alley or portion thereof, or upon other property owned, leased, operated or controlled by the city, will create a traffic hazard or tend to create traffic congestion, the Director of Public Services shall indicate, or cause to be indicated, such place or places by appropriate signs, or he or she shall place, or cause to be placed, and maintained red paint upon the entire curb surface of such street, alley or portion thereof, or of such property, and it thereafter is unlawful for the driver of any vehicle to stop, stand or park such vehicle on any such street, alley or portion thereof, or other city property in violation of such signs or red paint. (B) It is unlawful for any person to stop, stand or park a vehicle upon any street, alley or portion thereof, or other property owned, leased, operated or controlled by the city: (1) Within 50 feet of the nearest rail of a railroad crossing; (2) Within 20 feet of a crosswalk except that a bus may stop at a designated bus stop; (3) Within 30 feet of the approach to any traffic signal, stop sign or flashing beacon; (4) At any place where the City Engineer determines that it is necessary in order to eliminate dangerous traffic hazards, such location not to exceed 50 feet in length; (5) In front of a public or private driveway, except that a bus engaged as a common carrier, school bus or a taxicab may stop to load or unload passengers when authorized by the city pursuant to ordinance; or (6) On a sidewalk, except electric cars when authorized by city ordinance, as specified in Cal. Vehicle Code, § 21114.5. (C) Whenever the CommonCity Council determines, by resolution, that the parking of any commercial vehicle or house car upon any street, alley or part thereof, or upon other property owned, leased, operated or controlled by the city, will create a traffic hazard, the Director of Public Services shall indicate, or cause to be indicated, such place or places by appropriate prohibitory signs, and it is thereafter unlawful for the driver of any commercial vehicle or house car to park such commercial vehicle or house car on any such street or alley, or portion thereof, or on other property in violation of such signs. (D) Pursuant to the Cal. Vehicle Code, § 22651 or other state law, any vehicle parked or left standing where the Mayor and CommonCity Council, by resolution or ordinance, have prohibited such parking may be removed. No vehicle may be removed unless signs are posted giving notice of the removal. (Ord. 1652, passed 3-18-1941; Ord. 3315, passed 12-7-1972; Ord. 3328, passed 1-17-1973; Ord. 3736, passed 7-5-1978; Ord. MC-344, passed 2-22-1984; Ord. MC-460, passed 5-15-1985; Ord. MC-641, passed 11-9-1988) § 10.16.030 ANGLE PARKING. The CommonCity Council is authorized to determine, by resolution, those streets or parts of streets upon which angle parking shall be permitted (other than upon those state highways where such parking is prohibited by the California Vehicle Code) and the Director of Public Services shall place and maintain white lines upon the surface of the roadway indicating the angle at which parking is permitted. (Ord. 1652, passed 3-18-1941; Ord. MC-344, passed 2-22-1984) § 10.16.040 PARKING PARALLEL ON Packet Page 1027 Stopping, Standing and Parking 15 ONE-WAY STREETS. (A) Subject to other and more restrictive limitations, a vehicle may be stopped or parked within 18 inches of the left-hand curb facing in the direction of traffic movement upon any one-way street. (B) In the event a highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are in place permitting such standing or parking. (Ord. 1652, passed 3-18-1941; Ord. 2768, passed 8-23-1966) § 10.16.050 LOADING AND UNLOADING PASSENGERS AND FREIGHT. It is unlawful for the operator of any vehicle to stop such vehicle for a period of time longer than is necessary for the loading or unloading of passengers or freight; provided that in no event shall such vehicle be stopped for a period in excess of three minutes for the loading or unloading of passengers, nor in excess of 40 minutes for the loading or unloading of freight, in any of the following places: (A) At any curb where the grade of the street exceeds 12%; (B) In any alley; and (C) In any loading zone, as authorized by the City Traffic Engineer; and provided, further, that such vehicle is authorized to be stopped for a period not to exceed ten minutes for the loading or unloading of passengers immediately adjacent to hotel entrances. (Ord. 1652, passed 3-18-1941; Ord. 3328, passed 1-17-1973) § 10.16.060 PARKING SPACES. (A) The Director of Public Services is authorized to install and maintain parking space markings to indicate parking spaces where authorized parking is permitted. (B) When such parking space markings are placed, subject to other and more restrictive limitation, no vehicle shall be stopped, left standing or parked other than within a single space, unless the size or shape of such vehicle makes compliance impossible. (Ord. 1652, passed 3-18-1941; Ord. 3328, passed 1-17-1973; Ord. MC-344, passed 2-22-1984) § 10.16.070 TWENTY-MINUTE PARKING. When the Director of Public Services places and maintains, or causes to be placed and maintained, authorized signs or green paint on curbs, no vehicle may be parked for a longer period of time than 20 minutes as indicated on such signs or by the green paint on the curbs. (Ord. 1652, passed 3-18-1941; Ord. 3328, passed 1-17-1973; Ord. MC-344, passed 2-22-1984) § 10.16.080 BUS AND TAXICAB STANDS. (A) The driver of a bus or taxicab shall not stand or park upon any street in any business district at any place other than at a bus stop, or taxicab stand, respectively, except that this provision shall not prevent the driver of any such vehicle from temporarily stopping in accordance with other stopping or parking regulations at any place for the purposes of, and while actually engaged in, loading or unloading passengers. (B) It is unlawful for any person to stop, stand or park a vehicle other than a bus in a bus stop when any such stop has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus waiting to enter or about to enter such zones. (Ord. 1652, passed 3-18-1941; Ord. MC-460, passed 5-15-1985) § 10.16.090 STOPPING PROHIBITED WITHIN CERTAIN PLACES. Packet Page 1028 San Bernardino - Vehicles and Traffic16 (A) It is unlawful for the operator of any motor vehicle to stop such vehicle, except when necessary to avoid conflicts with other traffic, or in compliance with the direction of a police officer or traffic sign or signal in any of the following designated places. (B) At any point where the adjacent curb has been painted or marked red by the Director of Public Services, or at any place where, by other appropriate signs placed and maintained by the Chief of Police, notice is given that the stopping of vehicles is prohibited. (Ord. 1652, passed 3-18-1941; Ord. MC-344, passed 2-22-1984) § 10.16.100 UNLAWFUL PARKING FOR CERTAIN PURPOSES. It is unlawful for the operator of any vehicle to stand or park such vehicle upon any roadway for the principal purpose of: (A) Washing, greasing or repairing such vehicle except repairs necessitated by an emergency; and (B) Within the business district from which vehicle merchandise is being sold. (Ord. 1652, passed 3-18-1941; Ord. MC-401, passed 8-21-1984; Ord. MC-460, passed 5-15-1985) § 10.16.110 LIMITED PARKING - ALLEYS AND NARROW STREETS. (A) It is unlawful for the driver of any vehicle to park such vehicle upon any public street or alley within the city, the roadway of which is not more than 25 feet and not less than 20 feet in width for a period of not to exceed 30 minutes between the hours of 8:00 a.m. and 5:00 p.m. of any day except Sundays and holidays. (B) It is unlawful for the driver, owner or operator of any truck to park such vehicle upon any public street or alley within the city, the roadway of which is not more than 62 feet, six inches, between the hours of 6:00 p.m. and 6:00 a.m., except for the period of time necessary for the loading or unloading of passengers or freight; provided that in no event shall such truck be stopped for a period in excess of 20 minutes for the loading or unloading of freight. (C) The Chief of Police may, with the consent of the Mayor and CommonCity Council, permit the parking of trucks upon such streets or alleys for a period of time as specifically set forth in the permit and upon such conditions as therein specified. (D) It is unlawful for any person who owns or has possession, custody or control of any vehicle to park or leave standing such vehicle upon any street or alley for 72 or more consecutive hours. (E) Police officers and the Superintendent of Public Buildings, or his or her authorized representatives, are authorized to remove from streets or highways or from public property, within the city, to the nearest garage or other place of safety, or to a garage designated or maintained by the Police Department, any vehicle which has been parked or left standing on such street or highway for 72 or more consecutive hours, or which is parked on public property or on a street or highway in violation of law or resolution; provided, in the latter instance, that signs are posted giving notice of the removal. (F) Whenever a city official removes a vehicle from a street or highway or public property as authorized in this section and the city official knows or is able to ascertain from the registration records in the vehicle or from the registration records of the State Department of Motor Vehicles the name and address of the registered or legal owners thereof, such city official shall immediately give, or cause to be given, notice in writing to such owner of the fact of such removal, the grounds thereof and of the place to which such vehicle has been moved. In the event any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage. (G) Whenever a city official removing a vehicle from a street or a highway or public property under this section does not know and is not able to ascertain the name of the owner or, for any other reason, is unable to give the notice to the owner as hereinbefore provided and in the event the vehicle is not returned to the owner within a period of 72 hours, then, and in Packet Page 1029 Stopping, Standing and Parking 17 that event, the city official shall immediately send, or cause to be sent, written report of such removal by mail to the Department of Motor Vehicles at Sacramento and shall file a copy of such notice with the proprietor of any public garage in which the vehicle may be stored. Such report shall be made on a form furnished by such Department and shall include a complete description of the vehicle; the date, time and place from which removed; the grounds for such removal; and the name of the garage or place where the vehicle is stored. (Ord. 1652, passed 3-18-1941; Ord. 1755, passed 3-27-1946; Ord. 2537, passed 11-19-1963; Ord. 3880, passed 11-20-1979; Ord. MC-645, passed 12-7-1988) § 10.16.120 PARKING OF COMMERCIAL VEHICLES PROHIBITED ON PUBLIC STREETS AND RIGHTS-OF-WAY; EXCEPTIONS. (A) No person shall park or stand any commercial vehicle, truck tractor, semitrailer or trailer having a manufacturer’s gross vehicle weight rating of 10,000 pounds or more on any street, alley or parkway in any residential district, or on any residentially zoned property in the city. (B) No person shall park or stand any commercial vehicle, truck tractor, semitrailer or trailer having a manufacturer’s gross vehicle weight rating of 10,000 pounds or more for a continuous period of time in excess of two hours on any street, alley or parkway in any non-residential district of the city. Each consecutive two-hour period shall be considered a separate violation for the purpose of this division (B). (C) The provisions of this section shall not apply to: (1) Any vehicle or trailer component thereof making pick ups or deliveries of goods, wares or merchandise from or to any building or structure located on the restricted streets and highways, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon the restricted streets or highways for which a building permit has previously been obtained; (2) Any vehicle parked in connection with and in the aid of the performance of a service to or on a property in the block in which said vehicle is parked; (3) Any passenger bus under the jurisdiction of the Public Utilities Commission; (4) Any vehicle owned by a public utility or licensed contractor if necessary for use in connection with the installation or repair of any public utility; (5) Any vehicle owned by the city, county, state or licensed contractor engaged in the installation, maintenance or repair of any public property, utility or highway; and (6) Any authorized emergency vehicle as defined by the California Vehicle Code. (D) For the purpose of this section, the term RESIDENTIAL DISTRICT shall mean any single-family or multiple-family zoning district in the city. The Cal. Vehicle Code, § 22507.5(c) allows the local authority to define, by ordinance, the term residential district in accordance with its zoning ordinance. (E) Any commercial vehicle, truck tractor, semitrailer or trailer having a manufacturer’s gross vehicle weight rating of 10,000 pounds or more left parked or standing on any street, alley or parkway in excess of 24 hours may be towed away, pursuant to the Cal. Vehicle Code, § 22651(n). (F) Any person who violates any of the provisions of this section shall be guilty of an infraction. (Ord. 1652, passed 3-18-1941; Ord. 2075, passed 9-21-1955; Ord. 3519, passed 8-19-1975; Ord. 3817, passed 5-9-1979; Ord. 3960, passed 8-20-1980; Ord. MC-1107, passed 11-6-2001; Ord. MC-1303, passed 4-21-2009) § 10.16.130 APPLICATION OF OTHER LAWS PROHIBITING THE STOPPING, STANDING OR PARKING OF VEHICLES. The provisions of this article, and of resolutions Packet Page 1030 San Bernardino - Vehicles and Traffic18 adopted pursuant thereto, imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the California Vehicle Code, or of the ordinances of this city, prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times. (Ord. 1652, passed 3-18-1941; Ord. 2403, passed 12-11-1961) § 10.16.140 REMOVAL OF IGNITION KEY. (A) It is unlawful for any person having charge or control of a motor vehicle to allow such vehicle to stand upon any street, alley or parking lot upon which there is no attendant, when such motor vehicle is unattended, without first locking the ignition of the vehicle and removing the ignition key from such vehicle. (B) Any person convicted under this section shall be punished by a fine of not less nor more than $2; and such person shall not be granted probation by the court, nor shall the court suspend the execution of the sentence imposed upon such person. (Ord. 1652, passed 3-18-1941; Ord. 2613, passed 9-29-1964; Ord. 3880, passed 11-20-1979; Ord. MC-460, passed 5-15-1985) § 10.16.150 PARKING ENFORCEMENT. (A) Parking control checkers are authorized and empowered to enforce parking regulations adopted pursuant to this article and to issue parking control notices throughout the city as provided in the Cal. Vehicle Code, § 40202. (B) The Director of Facilities Management, or his or her authorized representatives, is authorized and empowered to enforce parking regulations adopted pursuant to § 10.16.160 relating to parking spaces reserved for handicapped persons and to issue parking control notices relating thereto as provided in the Cal. Vehicle Code, § 40202. (C) The Director of Facilities Management, or his or her authorized representative, is authorized and empowered to enforce parking regulations adopted pursuant to § 10.16.170 relating to parking spaces reserved for city board or commission members and to issue parking control notices relating thereto as provided in Cal. Vehicle Code, § 40202. (D) Any police officers, the Director of Facilities Management, parking control checkers or any regularly employed and salaried city employee enforcing parking laws and regulations are authorized and empowered to immobilize vehicles as provided in the Cal. Vehicle Code, § 22651.7. (E) The Director of Facilities Management, or his or her authorized representative, is authorized and empowered to enforce parking regulations adopted pursuant to this chapter and to issue parking control notices throughout the city as provided in §§ 15.24.040(A)(5), 15.24.040(A)(6), 15.24.050(A)(5) and 15.24.050(A)(6). (F) The Code Compliance Manager, or his or her authorized representatives, is authorized pursuant to the Cal. Vehicle Code, § 22651 or other state law to remove any abandoned motor vehicle, trailer or dolly parked, left standing or abandoned upon any street, alley, off-street public parking facility or other property owned, leased, operated and/or controlled by the city for 72 or more consecutive hours. (Ord. 1652, passed 3-18-1941; Ord. 2754, passed 6-3-1966; Ord. 3497, passed 5-16-1975; Ord. 3555, passed 2-18-1976; Ord. 3733, passed 6-28-1978; Ord. 3844, passed 7-11-1979; Ord. 3855, passed 8-21-1979; Ord. MC-541, passed 8-21-1986; Ord. MC-547, passed 10-22-1986; Ord. MC-641, passed 11-9-1988; Ord. MC-762, passed 11-27-1990; Ord. MC-993, passed 4-22-1997) § 10.16.160 RESERVED. [Reserved] (Repealed by Ord. MC-973, passed 7-5-1996) § 10.16.170 PARKING - COMMISSIONERS. When the City Traffic Engineer places and maintains, or causes to be placed and maintained, Packet Page 1031 Stopping, Standing and Parking 19 authorized signs or markings on, in or about public parking spaces designating the spaces to be available and reserved for vehicular parking by city board or commissioner members only, no vehicle other than those with a permit pursuant to § 10.16.190 shall be parked in any such parking space so marked, signed or designated. (Ord. 1652, passed 3-18-1941; Ord. 3743, passed 8-25-1978; Ord. 3855, passed 8-21-1979; Ord. 3880, passed 11-20-1979; Ord. MC-42, passed 4-8-1981) § 10.16.180 EXEMPTION TO PARKING RESTRICTION - ISSUING OF PERMIT. (A) Notwithstanding any other provision of this chapter limiting or restricting the parking or standing of vehicles on certain streets or highways, or portions thereof, during all or certain hours of the day, vehicles displaying the appropriate preferential parking permit as hereafter provided may park on streets designated by resolution and shall not be subject to applicable parking limitations or restrictions; provided, however, such exemption shall not be permitted at loading zones or when parking is completely prohibited under all circumstances. (B) The Director of Facilities Management/ Parking Control shall issue a preferential permit not to exceed four permits per dwelling, to persons whose residence is adjacent to designated streets in a time limit parking zone when permitted by resolution and upon application therefor. A fee shall not be required for issuance or re-issuance of any preferential parking permit. The permits shall be valid for only the same block upon which the residence or business is located or, in cases of corner locations, the permits shall be valid on the two contiguous blocks. The permits shall be valid for the period specified thereon. The permit shall be displayed on the vehicle as directed by the Director of Facilities Management/Parking Control. (C) The Director of Facilities Management shall issue a preferential parking permit to validated employees who have signed a car pooling contract with the city. Permits are to be validated every six months, during June and December of each year. The permits shall only be valid for the fourth level of the City Hall five-level parking structure and designated spaces at the City Yards, the Central Police Station and the Norman Feldheym Central Library. The permit shall be displayed on the vehicle as directed by the Facilities Manager. (D) For all permits issued under this section, the Director of Facilities Management shall keep a record of each permittee’s name; address; vehicle license plate number; state driver’s license number; date of issuance; expiration date, if any; and any other information required for the proper administration of the issuance of permits. (Ord. MC-738, passed 8-6-1990; Ord. MC-843, passed 7-22-1992; Ord. MC-855, passed 12-23-1992; Ord. MC-875, passed 6-9-1993; Ord. MC-1131, passed 11-6-2002) § 10.16.190 PARKING - COMMISSIONERS’ PERMITS. (A) The Superintendent of Public Buildings/ Parking Control shall issue a permit to all City Board and Commissioner members. The permit shall be effective for a one-year period and shall be annually renewed prior to the expiration of the one-year period. The permit shall expire and shall be of no further force and effect when the person to whom it is issued ceases to be a member of the city board or commission. A decal or sticker, with the expiration date printed thereon, shall be affixed to the rear left bumper of the vehicle. The City Clerk shall provide the Superintendent of Public Buildings/Parking Control with a current list of all Board and Commissioner members, and shall keep such list current by providing names of new board and commission members as appointed or name of any board and commissioner members removed. (B) For all permits issued under this section, the Superintendent of Public Buildings/Parking Control shall keep a record of the name, address, vehicle license plate number, state driver’s license number, type of permit, date of issuance, expiration date and any other information required for the proper administration of the issuance of permits. (Ord. 1652, passed 3-18-1941; Ord. 3855, passed 8-21-1979; Ord. 3880, passed 11-20-1979) Packet Page 1032 San Bernardino - Vehicles and Traffic20 § 10.16.200 LIMITED PARKING - STREET SWEEPING. The Director of Public Services is authorized to prohibit parking on designated city streets and private streets open for public use, for limited periods of time on designated days, for street sweeping purposes, when debris or refuse on a given street has accumulated. The Director of Public Services is authorized to install, at any such street or streets, signs giving notice that no person shall stand, stop or park a vehicle, except as provided on such signs. Whenever authorized signs are in place giving notice that stopping, standing or parking is prohibited during such hours on such days as are indicated on such signs, it is unlawful for any person to stop or park any vehicle at any time during such hours on such days. (Ord. 1652, passed 3-18-1941; Ord. 3880, passed 11-20-1979; Ord. MC-344, passed 2-22-1984) § 10.16.210 PARKING LIMITATIONS - CENTRAL CITY MALL. (A) The Superintendent of Public Buildings/ Parking Control is authorized to prohibit vehicular parking in any parking area of the Central City Mall, except for the parking of motor vehicles during the period of time such person or the occupants of such vehicle are customers or invitees of the retail and business establishments in the Central City Mall. The Superintendent of Public Buildings/Parking Control shall install and maintain at each entry to the parking area of the Central City Mall, authorized signs giving notice that no person shall stop, stand or park a motor vehicle in any parking area of the Central City Mall, except as provided on such signs. Whenever authorized signs are in place giving notice, it is unlawful for any person to stop, stand or park any motor vehicle in such parking area of the Central City Mall, except during the period of time of such person or occupants of such vehicle are customers or invitees of the retail and business establishments of the Central City Mall. Any person violating this section shall be deemed guilty of any infraction and, upon conviction thereof, shall be fined as set forth in § 10.44.010. (B) The provisions of this section shall not be applicable in parking areas of the Central City Mall specifically reserved for employee parking or for use of business invitees of the buildings known as the Andreson and Woolworth Buildings. (Ord. MC-415, passed 10-16-1984) § 10.16.220 RESERVED. [Reserved] (Repealed by Ord. MC-973, passed 7-5-1996) § 10.16.230 PARKING ABANDONED VEHICLES. (A) It is unlawful to park, leave standing or abandon any motor vehicle, trailer or dolly upon any street, alley, off-street public parking facility or other property owned, leased, operated and/or controlled by the city for 72 or more consecutive hours. (B) It is unlawful to park, leave standing or abandon a vehicle upon private property without the express or implied consent of the owner or person in lawful possession or control of the property for 72 or more consecutive hours. (C) Any person convicted of a violation of this section shall be punished by a fine of not less than $100 and shall provide proof that the costs of removal and disposition of the vehicle have been paid. No part of any imposed fine shall be suspended pursuant to the Cal. Vehicle Code, § 22523. (Ord. MC-668, passed 7-19-1989) § 10.16.240 PARKING ON UNPAVED PARCELS OF REAL PROPERTY. (A) A person shall not stop, stand or park a vehicle on any unpaved parcel of real property; provided, however, that nothing in this section shall be construed to prevent the parking of a vehicle in a residential zone on an unpaved driveway or a drive Packet Page 1033 Stopping, Standing and Parking 21 approach to a garage or other durable or permanent driveway or pad installed for the purpose of parking such vehicle on a parcel of real property which is not subject to § 19.24.060(18) of the Development Code at the time of violation. (B) Those persons authorized to issue citations pursuant to § 9.90.010 and any police officer, any parking control checker and the Director of Facilities Management, or his or her authorized representative, is authorized and empowered to enforce this parking regulation and to issue parking control notices related thereto as provided in Cal. Vehicle Code, § 40202. (Ord. MC-1064, passed 1-11-2000) § 10.16.250 PARKING ON UNPAVED PARCELS OF MULTI-RESIDENTIAL, COMMERCIAL OR INDUSTRIAL PROPERTY. (A) A person shall not stop, stand or park a vehicle on any unpaved parcel of multi-residential, commercial or industrial property; provided, however, that this chapter shall not apply in instances where a temporary use permit has been granted under Development Code, § 19.70.020(9). (B) The Director of Facilities Management, or his or her authorized representative, is authorized and empowered to enforce this parking regulation and to issue parking control notices related thereto as provided in Cal. Vehicle Code, § 40202. (Ord. MC-1072, passed 5-3-2000) § 10.16.260 PARKING OF RECREATION VEHICLES ON PUBLIC RIGHT-OF-WAY. (A) Recreation vehicles may be temporarily parked on public rights-of-way in front of residences for not more than 48 continuous hours for the purposes of loading or unloading. Forty-eight hours must elapse before the start of a new 48-hour period, together with movement of the vehicle a distance of at least 500 feet. (B) The Director of Facilities Management, or his or her authorized representative, is authorized and empowered to enforce this parking regulation and to issue parking control notices related thereto as provided in the Cal. Vehicle Code, § 40202. § 10.16.270 PARKING LIMITATIONS - SAN BERNARDINO BASEBALL STADIUM PREMISES. Vehicular parking is prohibited in any parking area of the San Bernardino Baseball Stadium except for the parking of motor vehicles during the period of time that the occupants of such vehicle are licensees or invitees of events occurring at the San Bernardino Baseball Stadium premises. The Director of Facilities Management shall install and maintain at each entrance to the parking area of the San Bernardino Baseball Stadium authorized signs giving notice that no person shall stop, stand or park a motor vehicle in any parking area of the San Bernardino Baseball Stadium, except as provided on such signs. Subsequent to the initial posting of authorized signs giving notice, it is unlawful for any person to stop, stand or park any motor vehicle in such parking area of the San Bernardino Baseball Stadium except during the period of time the occupants of such vehicle are licensees or invitees of the events occurring at the San Bernardino Baseball Stadium premises. Any person violating this section shall be deemed guilty of an infraction and, upon conviction thereof, shall be fined as set forth in § 10.44.010. (Ord. MC-1068, passed 4-18-2000; Ord. MC-1176, passed 7-22-2004) § 10.16.280 PARKING ON OFF-STREET PARKING AREAS. (A) A person shall not park or display a vehicle in a public or private off-street parking area, including paved vacant lots, for the purpose of the sale, lease, display, repair or storage of said vehicle, unless said lot has received all necessary approvals, permits and business registration for said sale, lease, display, repair or storage of vehicles. Packet Page 1034 San Bernardino - Vehicles and Traffic22 (B) For this section, the term VEHICLE includes, but is not limited to: cars, vans, trucks, trailers, boats, campers and recreation vehicles. (C) Those persons authorized to issue citations pursuant to § 9.90.010, any police officer, any parking control checker and the Director of Facilities Management, or his or her authorized representative, is authorized and empowered to enforce this parking regulation and to issue parking control notices related thereto as provided in Cal. Vehicle Code, § 40202. (Ord. MC-1116, passed 2-20-2002) § 10.16.290 PRIVATE PROPERTY VEHICLE IMPOUND REPORT AND FEE. (A) Any tow company that tows and impounds a vehicle from private property in the city under the California Vehicle Code shall complete and submit a private party tow report form to the Police Department either by fax or e-mail by the end of the business day following the tow. (B) The owner of, or other person responsible for, any vehicle impounded by a tow company from private property in the city under the California Vehicle Code shall pay, in accordance with the provisions of this section, a fee in an amount set by resolution by the Mayor and CommonCity Council to reimburse the city for the costs of processing and recordation of notices and reports of the tow and impound of such person’s vehicle. Such fee shall be collected by the tow company impounding the vehicle at the time of collection of its own towing and/or impound fees and shall be paid over to the city each month within ten days after the close of the calendar month for which payment is due. Each towing company shall provide to the city, on a monthly basis concurrently with its monthly payment, a summary report of all such impounds and fees collected in such form and/or detail as the Chief of Police may specify, from time to time, and shall make available to the city upon request any and all records of the information necessary to verify such report upon the request of the city. Packet Page 1035 CHAPTER 10.20: SPECIAL STOPS Section 10.20.010 Stop sign erection 10.20.020 Stop at through street or stop intersection 10.20.030 Emerging from alley or private driveway Statutory reference: For provisions on local authority to regulate stops at through streets and stop intersections, see Cal. Vehicle Code, § 21101. § 10.20.010 STOP SIGN ERECTION. Whenever any ordinance or resolution of this city designates and describes any street or portion thereof as a through street, or any intersection at which vehicles are required to stop at one or more entrances thereto, the Director of Public Services shall erect and maintain stop signs as follows. (A) A stop sign shall be erected on each and every street intersecting such through street or portion thereof so designated and at those entrances of other intersections where a stop is required. (B) Every such sign shall be placed at or near the entrance to the highway or intersection where a stop is required and every such sign shall conform to the requirements of the California Vehicle Code. (Ord. 1652, passed 3-18-1941; Ord. MC-344, passed 2-22-1984) § 10.20.020 STOP AT THROUGH STREET OR STOP INTERSECTION. When stop signs are erected, as provided in this article, at the entrance to any intersection, every driver of a vehicle and every motorist of a street car shall stop at every such sign, before entering the intersection, except when directed to proceed by a police officer or traffic-control signal. (Ord. 1652, passed 3-18-1941) § 10.20.030 EMERGING FROM ALLEY OR PRIVATE DRIVEWAY. The driver of a vehicle emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or into the sidewalk area extending across any alley way. (Ord. 1652, passed 3-18-1941) 23 Packet Page 1036 San Bernardino - Vehicles and Traffic24 Packet Page 1037 CHAPTER 10.24: OPERATION OF VEHICLES AND BICYCLES Section 10.24.010 Interference with operation of fire apparatus 10.24.020 Distance to be kept from fire apparatus 10.24.030 Operation of vehicle prohibited when fire apparatus in operation 10.24.040 Certain vehicles prohibited in the business district 10.24.050 Crossing fire hose 10.24.060 Unlawful to drive through procession 10.24.070 Reserved 10.24.080 Reserved 10.24.090 Skateboards, skates and the like restricted 10.24.100 Use of coasters and similar devices restricted 10.24.110 Reserved 10.24.120 Reckless driving of animals 10.24.130 Driving over new street or sidewalk 10.24.140 Permits for parades and processions 10.24.150 Limitations on backing 10.24.160 Clinging to moving vehicle 10.24.170 Enforcement of regulations 10.24.180 Speed limit on public grounds 10.24.190 Commercial vehicles prohibited on certain streets 10.24.200 Municipal parking lots and structures 10.24.210 Cruising regulationsReserved 10.24.220 Traffic diversion 10.24.230 Prohibition from participating in Route 66 cruising events without registration Cross-reference: For additional provisions on bicycles, see Chapter 10.48. Statutory reference: For provisions on local regulation of bicycles, see Cal. Vehicle Code, § 21206. § 10.24.010 INTERFERENCE WITH OPERATION OF FIRE APPARATUS. It is unlawful for any person operating any vehicle upon the public streets of the city to obstruct the streets with such vehicle so as to interfere in any manner with the operation of any fire apparatus upon such street. (Ord. 1652, passed 3-18-1941) § 10.24.020 DISTANCE TO BE KEPT FROM FIRE APPARATUS. It is unlawful for any person operating any vehicle upon the public streets of the city to operate the same so that it will move in the same direction that any fire apparatus is traveling until such fire apparatus is at least 600 feet distant, and it is unlawful for any person to operate any vehicle so as to approach within 600 feet of any moving fire apparatus. (Ord. 1652, passed 3-18-1941) § 10.24.030 OPERATION OF VEHICLE PROHIBITED WHEN FIRE APPARATUS IN OPERATION. When any fire apparatus is engaged in 25 Packet Page 1038 San Bernardino - Vehicles and Traffic26 extinguishing a fire, it is unlawful for any person to operate any vehicle upon the same street, so as to approach within 300 feet of such fire apparatus. (Ord. 1652, passed 3-18-1941) § 10.24.040 CERTAIN VEHICLES PROHIBITED IN THE BUSINESS DISTRICT. (A) It is unlawful for the operator of any of the following vehicles to drive the same in the business district between the hours of 7:00 a.m. and 6:00 p.m. of any day except Sunday: (1) Any vehicle so loaded that any part of its load extends more than three feet to the front or more than ten feet to the rear of the vehicle; except with written permit of the Chief of Police; and (2) Any vehicle used exclusively for advertising purposes. (B) (1) The Director of Public Services is authorized to establish over an appropriate street or streets, and to designate by appropriate signs, through traffic routes for the movement of vehicles of two or more tons capacity designed for carrying merchandise, freight or material. (2) When any such through traffic routes are established and designated by appropriate signs, the operator of any vehicle mentioned in this section shall drive on such route or routes, and none other, except when it is reasonably necessary. (Ord. 1652, passed 3-18-1941; Ord. MC-344, passed 2-22-1984) § 10.24.050 CROSSING FIRE HOSE. It is unlawful for any person to drive any vehicle over any unprotected hose of the Fire Department when laid down on any street, private driveway or street car track, to be used at any fire or alarm of fire, without the consent of the Fire Department. (Ord. 1652, passed 3-18-1941; Ord. MC-460, passed 5-15-1985) § 10.24.060 UNLAWFUL TO DRIVE THROUGH PROCESSION. It is unlawful for the operator of any vehicle or street car to drive between the vehicles comprising a funeral procession or other authorized procession; provided that such vehicles are conspicuously so designated. (Ord. 1652, passed 3-18-1941) § 10.24.070 RESERVED. [Reserved] (Repealed by Ord. MC-65, passed 6-19-1981) § 10.24.080 RESERVED. [Reserved] (Repealed by Ord. MC-460, passed 5-15-1985) § 10.24.090 SKATEBOARDS, SKATES AND THE LIKE RESTRICTED. It is unlawful for any person to ride upon or use in any manner any coaster, toy vehicle, roller skate, skates, skateboard or other kindred contrivance or device upon any sidewalk within a business district of the city or upon any public roadway in the city. (Ord. 1652, passed 3-18-1941; Ord. 3554, passed 2-18-1976) § 10.24.100 USE OF COASTERS AND SIMILAR DEVICES RESTRICTED. It is unlawful for any person upon roller skates or riding in or by means of any coaster, toy vehicle or similar device to go upon any roadway. (Ord. 1652, passed 3-18-1941) § 10.24.110 RESERVED. [Reserved] (Repealed by Ord. MC-210, passed 9-20-1982) Packet Page 1039 Operation of Vehicles and Bicycles 27 § 10.24.120 RECKLESS DRIVING OF ANIMALS. It is unlawful for any person to carelessly or recklessly ride or drive any horse or other animal upon any of the public streets or alleys of the city so as to endanger life or property. (Ord. 1652, passed 3-18-1941; Ord. MC-460, passed 5-15-1985) § 10.24.130 DRIVING OVER NEW STREET OR SIDEWALK. It is unlawful for any person to ride or drive, or cause to be ridden or driven, or propelled any vehicle over or across any street which is being graded or repaired, or upon which concrete sidewalks or paving is being constructed, or upon which concrete sidewalks or paving has been newly made, where across or around such street there is a barrier, or at, over or near which there is a person or sign warning persons not to drive over or across such street or sidewalk, or a sign stating that the street is closed. (Ord. 1652, passed 3-18-1941) § 10.24.140 PERMITS FOR PARADES AND PROCESSIONS. It is unlawful for any person or organization to permit, direct or allow any procession or parade to occupy, march or proceed along any street except in accordance with a permit issued by the Chief of Police, or his or her representative, and such other regulations as are set forth in this article which may apply, except funeral processions, the military forces of the United States, the military forces of this state and the forces of the City Police and Fire Departments. (Ord. 1652, passed 3-18-1941; Ord. MC-460, passed 5-15-1985) § 10.24.150 LIMITATIONS ON BACKING. It is unlawful for the driver of a vehicle to back the same into an intersection or over a crosswalk, or in any event or at any place to back a vehicle unless such movement can be made in safety. (Ord. 1652, passed 3-18-1941; Ord. MC-460, passed 5-15-1985) § 10.24.160 CLINGING TO MOVING VEHICLE. It is unlawful for any person riding upon a bicycle, motorcycle, coaster, sled, roller skates or any toy vehicle to attach the same or himself or herself to any street car or moving vehicle upon any roadway. (Ord. 1652, passed 3-18-1941; Ord. MC-460, passed 5-15-1985) § 10.24.170 ENFORCEMENT OF REGULATIONS. The Chief of Police and each police officer are authorized to enforce the traffic and parking regulations authorized or provided pursuant to this article. (Ord. 1652, passed 3-18-1941; Ord. 2579, passed 5-26-1964; Ord. 2917, passed 6-25-1968; Ord. 3733, passed 6-28-1978) § 10.24.180 SPEED LIMIT ON PUBLIC GROUNDS. It is unlawful for any person to drive or operate a motor vehicle on any roadway, road, alley or way, or upon the grounds of a public park, playground or public school or of a county or municipal institution or building, or of an educational institution or building, at a speed in excess of 15 mph. (Ord. 1652, passed 3-18-1941; Ord. 2579, passed 5-26-1964; Ord. MC-460, passed 5-15-1985) § 10.24.190 COMMERCIAL VEHICLES PROHIBITED ON CERTAIN STREETS. (A) Pursuant to the authority and restrictions of Cal. Vehicle Code, §§ 35701 et seq., no person shall operate or drive any commercial vehicle upon the following streets, and the Traffic Engineer shall cause appropriate signage to be erected giving notice thereof: Packet Page 1040 San Bernardino - Vehicles and Traffic28 (1) Palmyra Drive between Sierra Way and Sonora Drive; (2) Arlington Drive between Palmyra Drive and its terminus 300 feet to the southeast; (3) Lugo Avenue between Palmyra Drive and Ralston Avenue; (4) Thirty-Ninth Street between Lugo Avenue and its terminus 290 feet to the east; (5) Thirty-Ninth Street between Palmyra Drive and Belle Street; (6) Ralston Avenue between Waterman Avenue and Sonora Drive; (7) Belle Street between Ralston Avenue and Thirty-Ninth Street; (8) Sonora Drive between Palmyra Drive and its terminus 260 feet to the southeast; (9) Sonora Drive between Palmyra Drive and its terminus 260 feet to the southeast; (10) Twenty-Fourth Street between Lincoln Drive and “I” Street; (11) Twenty-Fifth Street between Lincoln Drive and “I” Street; (12) Twenty-Sixth Street between Lincoln Drive and “I” Street; (13) “I” Street between Twenty-Third Street and Twenty-Seventh Street; (14) Davidson Street between Tippecanoe Avenue and Richardson Street; (15) Hardt Street between Tippecanoe Avenue and Richardson Street; (16) Gould Street between Tippecanoe Avenue and Richardson Street; (17) Coulston Street between Tippecanoe Avenue and Richardson Street; (18) Tia Juana Street between Fourth Street and Fifth Street; (19) Cabrera Avenue between Fourth Street and Fifth Street; (20) Kingman Street between Tia Juana Street and Mt. Vernon Avenue; (21) Poplar Street between Pepper Avenue and Meridian Avenue; (22) Meridian Avenue between Mill Street and the end of Meridian Avenue north of Walnut Street; and (23) Mt. Vernon Avenue between 5th Street and 2nd Street (Mt. Vernon Avenue Bridge), except for commercial pickup trucks, vans and passenger cars. (B) Pursuant to the authority and restrictions of Cal. Vehicle Code, §§ 35701 et seq., no person shall operate or drive any vehicle exceeding a maximum gross weight limit of 10,000 pounds upon the following streets, and the Director of Public Services shall cause appropriate signs to be erected giving notice of such weight limitation prohibition: (1) Airport Drive; (2) (a) Arrowhead Avenue between Marshall Boulevard and Kendall Drive; and (b) Belleview Street between “K” Street and “I” Street. (3) Businesscenter Drive; (4) Commercenter Circle; (5) Commercenter East; (6) (a) Commercenter West; and (b) Congress Street between “K” Street and “I” Street. Packet Page 1041 Operation of Vehicles and Bicycles 29 (7) (a) Diners Court; (b) “I” Street between Congress Street and the end of “I” Street approximately 300 feet north of Belleview Street (Rialto Avenue); and (c) “J” Street between Rialto Avenue and the end of “J” Street approximately 1,000 feet south of Congress Street. (8) San Bernardino Civic Plaza Access Loop; (9) Sunwest Lane between Hospitality Lane and “E” Street; (10) Meridian Avenue between Rialto Avenue and 170 feet north of 9th Street; (11) Belleview Street between “K” Street and “I” Street; (12) Congress Street between “K” and “I” Street; (13) “J” Street between Rialto Avenue and the end of “J” Street, approximately 1,000 feet south of Congress Street; and (14) “I” Street between Congress Street and the end of “I” Street approximately 300 feet north of Belleview Street (Rialto Avenue). (C) Pursuant to the authority and restrictions of Cal. Vehicle Code, §§ 35701 and 35703 et seq., no person shall operate or drive any commercial vehicle having a manufacturer’s gross vehicle weight rating (“GVWR”) exceeding 30,000 pounds upon the following streets, and the Director of Public Services shall cause appropriate signs to be erected giving notice of such weight limitation prohibition: (1) 40th Street, east of Harrison Street for a distance of 500 feet; (2) 40th Street, west of Waterman Avenue to Acacia; (3) Valencia Avenue between 40th Street and 30th Street; (4) Parkside Drive between 40th Street and 30th Street; (5) Sierra Way, from the Highway 18 junction to 30th Street; (6) Mountain View Avenue, from its merge with Electric Avenue to 30th Street; (7) Electric Avenue, from 40th Street to its merge with Mountain View Avenue; (8) Hospitality Lane, from “E” Street to Waterman Avenue; and (9) Hunts Lane, from Hospitality Lane to “E” Street. (Ord. 1652, passed 3-18-1941; Ord. 2915, passed 6-25-1968; Ord. 3718, passed 4-19-1978; Ord. MC-80, passed 7-8-1981; Ord. MC-344, passed 2-22-1984; Ord. MC-465, passed 7-2-1985; Ord. MC-1046, passed 5-5-1999; Ord. MC-1079, passed 8-23-2000; Ord. MC-1110, passed 12-4-2001; Ord. MC-1133, passed 11-20-2002; Ord. MC-1139, passed 3-4-2003; Ord. MC-1283, passed 9-3-2008; Ord. MC-1398, passed 4-21-2014; Ord. MC-1410, passed 12-1-2014) § 10.24.200 MUNICIPAL PARKING LOTS AND STRUCTURES. (A) A municipal parking facility is a parking lot, parcel of land, facility, garage or structure owned, leased or operated by the city, or in which the city has a possessory right of interest, and which is used as a Packet Page 1042 San Bernardino - Vehicles and Traffic30 municipal or public parking facility for the off-street parking of vehicles. (B) It is unlawful in any municipal parking facility for any person to park or leave standing any vehicle, whether attended or unattended, in any driveway, aisle, walk or area other than entirely within a designated parking space or in any location or position across any line or marking designating a parking space. (C) It is unlawful in any municipal parking facility for any person to drive a vehicle, upon any driveway, aisle, walk or area, in a direction contrary to the direction of travel indicated by arrows or marking painted or placed thereon. (D) It is unlawful in any municipal parking facility for any person to drive a vehicle at a speed greater than is reasonable and prudent having due regard for the weather, visibility, the traffic on and the surface and width of the driveway or aisle or in any event to drive the vehicle at a speed which endangers the safety of persons or property. (E) It is unlawful in any municipal parking facility for any person to drive a vehicle at a speed greater than ten mph. (F) The provisions of this section shall not relieve any person from the duty to observe other and more restrictive provisions of the California Vehicle Code or local ordinance or of any special condition or regulation imposed by the Mayor and CommonCity Council, City Traffic Engineer or Director of Public Services. (G) It is unlawful for any person to ride upon any bicycle, roller skate or skateboard, or other kindred contrivance, in any municipal parking facility, as defined in division (A) above, except a municipal parking facility located in a municipal park or playground. (H) The provisions of this section shall not apply to a police officer in the performance of his or her duties. (Ord. 1652, passed 3-18-1941; Ord. 3329, passed 2-16-1973; Ord. 3538, passed 10-28-1975; Ord. MC-344, passed 2-22-1984; Ord. MC-460, passed 5-15-1985; Ord. MC-811, passed 11-6-1991) § 1 0 . 2 4 . 2 1 0 C R U I S I N G REGULATIONSRESERVED. (A) No person shall drive a motor vehicle on a street or highway past a traffic-control point in traffic which is congested at or near the traffic-control point, as determined by the ranking peace officer on duty within the affected area, three or more times in one direction within a three-hour period and after a peace officer has given written notice to said person passing the control point the second time that passing the control point a third time shall constitute a misdemeanor in violation of this section. The beginning and end of the portion of the street or highway subject to cruising controls shall be clearly identified by signs that state the appropriate provisions of the Cal. Vehicle Code, § 21100(K) and this section. (B) This section shall not apply to the vehicle operators of the following vehicles: emergency vehicles, as defined in the Cal. Vehicle Code, § 165; taxicabs for hire; buses; vehicles being driven for business purposes; and any publicly owned or leased vehicle of any city, county, district, state or federal agency. (C) Any person, firm or corporation violating any provision of this section is guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. MC-574, passed 1-8-1987) [Reserved] § 10.24.220 TRAFFIC DIVERSION. (A) If a peace officer determines, pursuant to Cal. Vehicle Code, § 21101.2 and this section, that the Packet Page 1043 Operation of Vehicles and Bicycles 31 traffic load on a particular street or highway in the city, or a portion thereof, is such that little or no vehicular flow is occurring and, additionally, if the peace officer finds that a significant number of vehicles are not promptly moving when an opportunity arises to do so, then the peace officer may divert vehicles, excepting public safety or emergency vehicles from that street or highway, or a portion thereof, subject to traffic congestion until such time as reasonably flowing traffic is restored. (B) Such diversion of vehicles by a uniformed peace officer shall constitute the performance of duties under the Cal. Vehicle Code, § 2800 which requires compliance with the lawful order, signal or direction of the peace officer. (Ord. MC-574, passed 1-8-1987) § 10.24.230 PROHIBITION FROM PARTICIPATING IN ROUTE 66 CRUISING EVENTS WITHOUT REGISTRATION. (A) It shall be unlawful for any person to enter the Route 66 Cruising Event without registering to participate in said event in accordance with the procedures set up by the San Bernardino Convention and Visitor’s Bureau. (B) Any person violating this provision is guilty of a misdemeanor or an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. MC-1147, passed 8-5-2003) Packet Page 1044 San Bernardino - Vehicles and Traffic32 Packet Page 1045 CHAPTER 10.25: VEHICLES FOR SALE ON PUBLIC STREETS Section 10.25.010 Findings 10.25.020 Authority 10.25.030 Definitions 10.25.040 On-street sales prohibited 10.25.050 Removal of vehicle authorized 10.25.060 Post-removal hearings required for removed vehicles Editor’s note: This chapter is added by Ord. MC-1407, passed 9-15-2014. § 10.25.010 FINDINGS. The City Council finds as follows. (A) Persons and businesses are using city streets as de facto used car lots to sell used vehicles. (B) The act of selling a car in public streets invites prospective buyers into the roadway to examine the vehicle. It is well known that prospective buyers examine the condition of vehicles for sale and look for evidence of damage or repairs. When done in the public roadway, this poses an obvious risk to public and traffic safety that the city wishes to avoid. (C) The parking of vehicles for sale on city streets creates a distraction for drivers and pedestrians, thereby creating a further public safety hazard. Because drivers may attempt to not only read a for sale sign in or on a vehicle but also commit to memory, write down or call a telephone number on such a sign, these signs pose a greater risk of accidents than do other types of signs that may be displayed in or on a parked vehicle. (D) The significant increase in vehicles parked for the purpose of sale has created a nuisance by decreasing the parking available for local residents and businesses. (E) The city has an important and substantial public interest in protecting public safety; reducing accidents; removing impediments to the orderly flow of traffic, such as illegal and hazardous parking; abating public nuisances; eliminating visual blight; preventing unlawful trafficking in stolen vehicles; and protecting licensed car dealers from unfair competition. (Ord. MC-1407, passed 9-15-2014) § 10.25.020 AUTHORITY. This chapter is adopted pursuant to the authority granted to the city by the Cal. Vehicle Code, § 22651.9, which permits the removal of vehicles, under certain conditions, for being illegally parked for purposes of advertising the vehicle for sale. The Cal. Vehicle Code, § 22852 requires that a post removal hearing take place after the removal of any vehicle under the Cal. Vehicle Code, § 22651.9. (Ord. MC-1407, passed 9-15-2014) § 10.25.030 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. PARK or PARKING. The standing of a vehicle as set forth by the Cal. Vehicle Code, § 463. PEACE OFFICER. Any law enforcement officer as set forth by the Cal. Penal Code, § 830. VEHICLE. Any device as set forth by the Cal. Vehicle Code, § 670, which is defined as “a device by 33 Packet Page 1046 San Bernardino - Vehicles and Traffic34 which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.” (Ord. MC-1407, passed 9-15-2014) § 10.25.040 ON-STREET SALES PROHIBITED. No person shall park any vehicle on any street or public land when it appears because of a sign, placard or any other indication written or posted on the vehicle that the primary purpose of parking the vehicle at that location is to advertise to the public the private sale of that vehicle. A person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued or permitted. (Ord. MC-1407, passed 9-15-2014) § 10.25.050 REMOVAL OF VEHICLE AUTHORIZED. Pursuant to the Cal. Vehicle Code, § 22651.9, any peace officer, or any regularly employed and salaried employee of the city who is engaged in directing traffic or enforcing parking laws and regulations, may remove the vehicle located when the vehicle is found upon a street or any public lands, if all of the following requirements are satisfied: (A) Because of a sign, placard or any other indication written or posted on the vehicle, it appears that the primary purpose of parking the vehicle at that location is to advertise to the public the private sale of that vehicle; (B) Within the past 30 days, the vehicle is known to have been previously issued a notice of parking violation for violation of § 10.25.040, which was accompanied by a notice containing all of the following: (1) A warning that an additional parking violation may result in the impoundment of the vehicle; (2) A warning that the vehicle may be impounded pursuant to this section, even if moved to another street, so long as the signs or placards offering the vehicle for sale remain on the vehicle; and (3) A statement that all streets in the city are subject to prohibitions of this chapter. (C) The notice of parking violation was issued at least 24 hours prior to the removal of the vehicle. (Ord. MC-1407, passed 9-15-2014) § 10.25.060 POST-REMOVAL HEARINGS REQUIRED FOR REMOVED VEHICLES. A post-storage hearing, pursuant to the Cal. Vehicle Code, § 22852, applies with respect to the removal of any vehicle pursuant to this section and is incorporated by reference as if set forth in full herein. (Ord. MC-1407, passed 9-15-2014) Packet Page 1047 Vehicles for Sale on Public Streets 35 Packet Page 1048 San Bernardino - Vehicles and Traffic36 Packet Page 1049 CHAPTER 10.28: PEDESTRIANS Section 10.28.010 Standing on sidewalks 10.28.020 Walking upon new pavement or sidewalk prohibited 10.28.030 Reserved 10.28.040 Application of traffic-control signals 10.28.050 Scramble system of traffic-control Statutory reference: For provisions on local authority to establish crosswalks, see Cal. Vehicle Code, § 21106. For provisions on local regulation of pedestrian crosswalk use, see Cal. Vehicle Code, § 21961. § 10.28.010 STANDING ON SIDEWALKS. In a business district, it is unlawful for any pedestrian to stand on the sidewalk, except as near as is physically possible to the building line or the curb line. (Ord. 1652, passed 3-18-1941) § 10.28.020 WALKING UPON NEW PAVEMENT OR SIDEWALK PROHIBITED. It is unlawful for any person to walk upon any newly made pavement or cement or concrete sidewalk upon any street where across or around such street there is a barrier, or at, or over or near which there is a person or sign warning persons not to walk or drive over or across such street, or a sign stating that the street is closed. (Ord. 1652, passed 3-18-1941) § 10.28.030 RESERVED. [Reserved] (Repealed by Ord. MC-161, passed 5-5-1982) § 10.28.040 APPLICATION OF TRAFFIC-CONTROL SIGNALS. Whenever and wherever pedestrian traffic in the city is controlled by an official traffic-control signal exhibiting the words “wait” in red colored lights and “walk” in green colored lights, the lighted words shall apply to pedestrians as follows: (A) “Walk” in green lights: pedestrian facing the signal may proceed across the roadway within any marked or unmarked crosswalk; and (B) “Wait” in red lights: no pedestrian shall enter the roadway or cross any part of the roadway against a red “wait” signal. (Ord. 1652, passed 3-18-1941; Ord. 1949, passed 7-22-1952) § 10.28.050 SCRAMBLE SYSTEM OF TRAFFIC-CONTROL. The CommonCity Council may, by resolution, establish at the intersections of certain streets the “scramble system” of traffic-control for pedestrians, and the Director of Public Services is authorized and required to install and maintain the necessary traffic controls, and/or signs at or near such intersections, and the Director of Development Services is authorized and required to install and maintain the necessary traffic signals. (Ord. 1652, passed 3-18-1941; Ord. 2288, passed 3-8-1960; Ord. MC-344, passed 2-22-1984; Ord. MC-1027, passed 9-9-1998) 37 Packet Page 1050 San Bernardino - Vehicles and Traffic38 Packet Page 1051 CHAPTER 10.32: BUSES AND RAILROAD TRAINS Section 10.32.010 Boarding or alighting from buses 10.32.020 Unlawful riding 10.32.030 Railway trains and street cars not to block street 10.32.040 Speed of trains and cars upon public streets 10.32.050 Speed of trains over right-of-way 10.32.060 Railway gates § 10.32.010 BOARDING OR ALIGHTING FROM BUSES. It is unlawful for any person to board or alight from any bus while such bus is in motion. (Ord. MC-460, passed 5-15-1985) § 10.32.020 UNLAWFUL RIDING. It is unlawful for any person to ride on any bus upon any portion thereof not designed or intended for the use of passengers. This provision shall not apply to any employee engaged in the necessary discharge of a duty. (Ord. MC-460, passed 5-15-1985) § 10.32.030 RAILWAY TRAINS AND STREET CARS NOT TO BLOCK STREET. It is unlawful for the operator of any steam, interurban or street railway train or car to operate the same in such a manner as to prevent the use of any street for purposes of travel for a period of time longer than eight minutes. (Ord. 1652, passed 3-18-1941) § 10.32.040 SPEED OF TRAINS AND CARS UPON PUBLIC STREETS. It is unlawful for any person, firm or corporation to operate, permit or cause to be operated any engine, train, locomotive, steam train, electric car or electric train over, across, upon or along any public street within the city, except as specifically provided in § 10.32.050, at a rate of speed greater than one mile in three minutes. (Ord. 1652, passed 3-18-1941) § 10.32.050 SPEED OF TRAINS OVER RIGHT-OF-WAY. It is unlawful for any person, firm or corporation to operate, permit or cause to be operated any engine, train, locomotive, steam train, electric car or electric train upon the right-of-way now owned and operated by the Atchison, Topeka and Santa Fe Railway, while crossing over, upon or along any public street within the city at a rate of speed greater than 30 mph, except that the speed may be increased to a rate of speed not greater than 40 mph in that section north from Baseline Street to the limits of the city. (Ord. 1652, passed 3-18-1941) 39 Packet Page 1052 San Bernardino - Vehicles and Traffic40 § 10.32.060 RAILWAY GATES. It is unlawful for any person to drive any vehicle through or under any safety gate or railroad barrier which is maintained at a railroad crossing for the purpose of warning persons of the approach of a train or car, while such gate or barrier is closed or while it is being opened or closed. (Ord. 1652, passed 3-18-1941; Ord. MC-460, passed 5-15-1985) Packet Page 1053 CHAPTER 10.36: LOADING ZONES, BUS STOPS AND CROSSWALKS Section 10.36.010 Loading zones and bus stops to be painted or marked 10.36.020 Authorization to establish crosswalks Statutory reference: For provisions on local authority to establish crosswalks, see Cal. Vehicle Code, § 21106. For provisions on local parking curb markings, see Cal. Vehicle Code, § 21458. § 10.36.010 LOADING ZONES AND BUS STOPS TO BE PAINTED OR MARKED. The City Engineer shall determine, and the Director of Public Services shall mark, the location of all loading zones and bus stops by causing the adjacent curb to be painted or marked respectively yellow, white and red; that portion so marked yellow shall be established as a loading zone, and the curb surface so painted yellow shall have thereon in black letters the words “loading zone,” and such loading zone so located and marked shall be used only as a place for the loading or unloading of passengers or freight, subject to the limitations prescribed; that portion painted white shall be established as a passenger loading zone, and the curb surface painted white shall have thereon in black letters the words “passenger loading zone,” and such passenger loading zone so located and marked shall be used only as a place for the loading or unloading of passengers; that portion painted red shall have thereon in white letters the words “bus stops,” and such bus stop so located and marked shall be used only as a place for the loading and unloading of passengers, subject to the limitations herein prescribed, and the City Engineer may determine, and the Director of Public Services shall mark, the location in front of and adjacent to hospitals, police stations and theaters where it is unlawful to stop, stand or park a vehicle by causing the adjacent curb to be painted or marked red. (Ord. 1652, passed 3-18-1941; Ord. 1730, passed 1-3-1945; Ord. MC-344, passed 2-22-1984) § 10.36.020 AUTHORIZATION TO ESTABLISH CROSSWALKS. The City Engineer is authorized and required to establish crosswalks, approximately equal in width to the adjacent sidewalk at all intersections, or between intersections, where, in his or her opinion, there is a particular danger to pedestrians crossing the roadway, and when so designated by the City Engineer, the Director of Public Services shall designate the crosswalks upon the surface of the roadway by white painted lines. (Ord. 1652, passed 3-18-1941; Ord. MC-344, passed 2-22-1984) 41 Packet Page 1054 San Bernardino - Vehicles and Traffic42 Packet Page 1055 CHAPTER 10.38: DRIVE-IN ESTABLISHMENTS Section 10.38.010 Definition 10.38.020 Posting of rules and regulations 10.38.030 Designation and marking of parking spaces 10.38.040 Operation of vehicles - compliance with traffic-control devices or markings § 10.38.010 DEFINITION. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. DRIVE-IN ESTABLISHMENT (hereinafter referred to as DRIVE-IN). A place of business wherein beverages, foods or refreshments are served to patrons for consumption on the premises at tables or stands in open or unenclosed areas, or in any vehicle stopped, standing or parked in or upon the premises of the DRIVE-IN, or in or upon any street, alley, land, parking area or grounds immediately adjacent to such premises, or adjacent to or adjoining any street or public right-of-way abutting such premises. (Ord. MC-460, passed 5-15-1985) § 10.38.020 POSTING OF RULES AND REGULATIONS. Persons owning, operating, managing or conducting a drive-in shall place in conspicuous places at the drive-in at least four signs on which are written in legible English, in letters at least two inches in height on contrasting background, words or phrases requesting patrons to refrain from any conduct and act prohibited by this chapter and by other rules and regulations desired by the drive-in. (Ord. MC-460, passed 5-15-1985) § 10.38.030 DESIGNATION AND MARKING OF PARKING SPACES. Persons owning, operating, managing or conducting a drive-in shall place, at suitable locations on the premises, appropriate traffic-control devices and signs, and markings on the pavement, as approved by the city, directing traffic entering and leaving the establishment, and shall designate and mark parking spaces for the parking of vehicles of patrons on the premises. (Ord. MC-460, passed 5-15-1985) § 10.38.040 OPERATION OF VEHICLES - COMPLIANCE WITH TRAFFIC-CONTROL DEVICES OR MARKINGS. It is unlawful for any person entering or leaving a drive-in to operate, stop, stand or park a vehicle operated by him or her on any street or right-of-way, in a manner contrary to any official traffic-control device, sign or marking erected, installed or maintained, on a temporary or permanent basis, by the city pursuant to law. (Ord. MC-460, passed 5-15-1985) 43 Packet Page 1056 San Bernardino - Vehicles and Traffic44 Packet Page 1057 CHAPTER 10.40: DAMAGE TO PROPERTY Section 10.40.010 Report required 10.40.020 Accident reports confidential § 10.40.010 REPORT REQUIRED. The driver of a vehicle, or the person in charge of any animal, involved in any accident resulting in damage to any property, publicly owned, including, but not limited to, any fire hydrant, ornamental lighting post or ornamental shade tree, located in or along any street or within any public park; or resulting in damage to any property owned by any public utility, including, but not limited to, a telephone pole, electric light or power pole, where the damage exceeds $25, shall, within 24 hours after such accident, make, or cause to be made, a written report of such accident to the City Police Department upon forms furnished by the Police Department. (Ord. 1652, passed 3-18-1941) § 10.40.020 ACCIDENT REPORTS CONFIDENTIAL. All required accident reports shall be without prejudice to the individual so reporting and shall be for the confidential use of the Police Department, except that the Police Department shall disclose the names and addresses of persons involved in, or witnesses to, an accident; the registration numbers and descriptions of vehicles involved; and the date, time and location of an accident to any person who may have a proper interest therein, including the driver or drivers involved, or the legal guardian thereof, the parent of a minor driver, the authorized representative of a driver or to any person injured therein and the owners of vehicles or property damaged thereby, or all of them. No such report shall be used as evidence in any trial, civil or criminal, arising out of an accident, except that the Department shall furnish, upon demand of any person who has or claims to have made such a report or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the Police Department solely to prove a compliance or a failure to comply with the requirement that such a report be made to the Police Department. (Ord. 1652, passed 3-18-1941) 45 Packet Page 1058 San Bernardino - Vehicles and Traffic46 Packet Page 1059 CHAPTER 10.44: VIOLATION - PENALTY Section 10.44.010 Violation - penalty 10.44.020 Delinquent parking citations § 10.44.010 VIOLATION - PENALTY. Any person violating any provision of Article I of this title or any rule or regulation made by the CommonCity Council by resolution or by the City Engineer or Director of Public Services, pursuant thereto, is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 1652, passed 3-18-1941; Ord. 3035, passed 12-16-1969; Ord. MC-344, passed 2-22-1984; Ord. MC-460, passed 5-15-1985) § 10.44.020 DELINQUENT PARKING CITATIONS. Unpaid parking citations which have not been contested are delinquent 30 days after issuance of the citation. Any citation which becomes delinquent shall have a delinquency penalty and a Department of Motor Vehicles’ hold charge added to the fine and cost of the citation. The amount of the delinquency penalty and Department of Motor Vehicles’ hold charge shall be established by resolution of the Mayor and CommonCity Council. (Ord. MC-423, passed 11-9-1984) 47 Packet Page 1060 San Bernardino - Vehicles and Traffic48 Packet Page 1061 ARTICLE II. SPECIFIC REGULATIONS CHAPTER 10.48: BICYCLES Section 10.48.010 Definitions 10.48.020 License - required 10.48.030 License - registration forms - indicia - fees - renewal 10.48.040 Sale of bicycle - unique serial number required 10.48.050 Removal or destruction of bicycle number unlawful 10.48.060 Use of revenues from license fees 10.48.070 Records of registered bicycles to be maintained 10.48.080 Facilities for receipt of applications and license issuance 10.48.090 Authorization to arrest and issue notices 10.48.100 Violation an infraction 10.48.110 Impoundment and retention of bicycle for violation Cross-reference: For additional regulations on bicycles, see Chapter 10.24. Statutory reference: For provisions on bicycle licensing, see Cal. Vehicle Code, §§ 39000 et seq. § 10.48.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BICYCLE. Any device upon which a person may ride and which is propelled by human power through a system of belts, chains or gears having either two or three wheels (one of which is at least 20 inches in diameter, in tandem or tricycle arrangement) or having a frame size of at least 14 inches. BICYCLE DEALER. Any person, firm, partnership or corporation which is engaged, wholly or partly, in giving away or in the business of selling at retail, bicycles, or buying or taking in trade bicycles for purposes of resale, selling or offering for sale at retail, or otherwise dealing at retail in bicycles, which bicycles number more than five in any one calendar year, whether or not such bicycles are owned by such person or entity. The term also includes agents or employees of such person or entity. (Ord. 1950, passed 7-22-1952; Ord. 3488, passed 3-19-1975; Ord. 3795, passed 1-9-1979) § 10.48.020 LICENSE - REQUIRED. It is unlawful for any person to operate any bicycle on any street, highway or other public property within the jurisdiction of this city unless such bicycle is licensed in accordance with the provisions of this chapter. (Ord. 1950, passed 7-22-1952; Ord. 3488, passed 3-19-1975; Ord. MC-460, passed 5-15-1985) § 10.48.030 LICENSE - REGISTRATION FORMS - INDICIA - FEES - RENEWAL. (A) Pursuant to the Cal. Vehicle Code, Division 16.7, the City Police Department shall obtain registration forms and original bicycle license indicia and renewal license supplementary adhesive devices from the State Department of Motor Vehicles and, upon written application by prospective licensees to the Police Department, bicycle retailers and dealers and other designated agents, bicycle license indicia and renewal license devices shall be issued in accordance with the provisions of this chapter. 49 Packet Page 1062 San Bernardino - Vehicles and Traffic50 (B) (1) All original licenses issued prior to December 31, 1978, expired on December 31, 1978. All original licenses issued on or after January 1, 1979 shall expire on December 31 of the second year following the year of issuance. All renewal licenses are due on January 1 next following the expiration of the prior license, and shall expire on December 31 of the third year following expiration of the prior license. License fees shall be established by resolution. (2) Original license fees are due and payable on the purchase date of the bicycle, and are delinquent if not paid within 30 days after such date. Renewal license fees are due and payable on January 1 of the applicable year, and are delinquent if not paid by February 15 of that year; provided that the delinquency date for the calendar year 1979 shall be February 23, 1979. A penalty as established by resolution shall be added to each delinquent license. (3) The renewal of each license shall be indicated by a renewal adhesive device, showing the expiration date, affixed parallel to and above or below the license indicia. Renewal devices in succeeding years shall be of different colors. (C) The bicycle license, when issued for a bicycle, shall be the authority for the bicycle to be operated on any street, road, highway or public property within the jurisdiction of the city, except on the sidewalks thereof or other public property prohibited from bicycle use. (D) Each license plate shall bear a unique license number and shall be permanently assigned to a bicycle. (E) The original license plate and any renewal license plate shall be affixed or impressed upon any bicycle so licensed and neither the original license plate or any renewal license plate shall be removed from the bicycle during the effective period of the license plate and renewal plate. (Ord. 1950, passed 7-22-1952; Ord. 3488, passed 3-19-1975; Ord. 3795, passed 1-9-1979) § 10.48.040 SALE OF BICYCLE - UNIQUE SERIAL NUMBER REQUIRED. (A) No bicycle dealer shall sell any new bicycle in the city unless such bicycle has permanently stamped or cast on its frame a serial number unique to the particular bicycle of each manufacturer. Serial numbers shall be stamped or cast in the head of the frame, either side of the seat down post tube, or the bottom sprocket bracket. (B) Each bicycle dealer shall supply to each purchaser of a new or previously owned bicycle a record of the following information: name of dealer, address of dealer, year and make of bicycle and serial number of bicycle. (C) It shall be the duty of every person who sells, transfers ownership or otherwise disposes of any bicycle licensed under this chapter to report such sale or transfer by notifying the Police Department of such transfer or disposition together with the name and address of the person to whom the bicycle was sold or transferred, and such report shall be made within ten days of the date of the sale or transfer. (D) It shall be the duty of the purchaser or transferee of such bicycle to apply to the Police Department for a transfer of license registration therefor, within ten days of such sale or transfer. (E) Whenever the owner of a bicycle licensed under this chapter changes his or her address, he or she shall, within ten days, notify the Police Department of the old and new address. (Ord. 1950, passed 7-22-1952; Ord. 3488, passed 3-19-1975; Ord. 3795, passed 1-9-1979) § 10.48.050 REMOVAL OR DESTRUCTION OF BICYCLE NUMBER UNLAWFUL. It is unlawful for any person, firm or corporation to willfully and maliciously remove, destroy, mutilate or alter the number on any bicycle frame licensed pursuant to this chapter or possess such bicycle frame with knowledge that its number has been so removed, destroyed, mutilated or altered. It is also unlawful for any person to remove, destroy, mutilate or alter any license plate, seal or registration certificate during the time in which such license plate, seal or registration Packet Page 1063 Bicycles 51 card is operative; provided, however, that nothing in this chapter shall prohibit the Police Department from stamping numbers and symbols on the frames of bicycles on which no serial number can be found, or on which the number is illegible or insufficient for identification purposes. (Ord. 1950, passed 7-22-1952; Ord. 3488, passed 3-19-1975) § 10.48.060 USE OF REVENUES FROM LICENSE FEES. (A) Revenues from license fees shall be used for the support of this chapter which shall include, but not be limited to, the purchase of original and renewal bicycle license plates from the State Department of Motor Vehicles, printing costs for report forms or reimbursement costs to bicycle dealers or other designated agents for services rendered. (B) In addition, such revenues shall be used to improve bicycle safety programs and establish bicycle facilities, including bicycle paths and lanes within the limits of the city, except that other bicycle license fee revenues which, prior to the effective date of the ordinance codified in this chapter, were used for other purposes may continue to be used for the same purposes for a period not to exceed one year from September 20, 1974, with the approval of the Mayor and CommonCity Council. (Ord. 1950, passed 7-22-1952; Ord. 3488, passed 3-19-1975) § 10.48.070 RECORDS OF REGISTERED BICYCLES TO BE MAINTAINED. The Police Department shall maintain records of each bicycle registered or transferred. Such records shall include, but not be limited to, the license number; the serial number of the bicycle; the make, type and the model of the bicycle; and the name and address of the licensee. Records shall be maintained during the period of validity of the license or until notification that the bicycle is no longer to be operated. (Ord. 1950, passed 7-22-1952; Ord. 3488, passed 3-19-1975) § 10.48.080 FACILITIES FOR RECEIPT OF APPLICATIONS AND LICENSE ISSUANCE. The Chief of Police is authorized to provide facilities for the receipt of applications and issuing of licenses at locations in the city, elsewhere than the Police Department in the Hall of Justice, and to provide due publicity regarding the establishment of official license issuing locations. (Ord. 1950, passed 7-22-1952; Ord. 3488, passed 3-19-1975) § 10.48.090 AUTHORIZATION TO ARREST AND ISSUE NOTICES. Any police officer, reserve police officer or law enforcement trainee is authorized and empowered to arrest and issue notices to appear pursuant to the provisions of this chapter and Cal. Penal Code, § 836.5 and Title 3, Part 2, Title 3, Chapter 5C (§§ 853.6 et seq.). (Ord. 1950, passed 7-22-1952; Ord. 3488, passed 3-19-1975) § 10.48.100 VIOLATION AN INFRACTION. Every person, firm or corporation violating any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 1950, passed 7-22-1952; Ord. 3488, passed 3-19-1975; Ord. MC-460, passed 5-15-1985) § 10.48.110 IMPOUNDMENT AND RETENTION OF BICYCLE FOR VIOLATION. In addition to the penalty set forth in § 10.48.100, members of the City Police Department, or other authorized personnel, may impound and retain possession of any bicycle operated in violation of any of the provisions of this chapter, and retain possession of the same until the license provided for in this chapter is obtained by the owner of the bicycle. (Ord. 1950, passed 7-22-1952; Ord. 3488, passed 3-19-1975) Packet Page 1064 San Bernardino - Vehicles and Traffic52 Packet Page 1065 CHAPTER 10.52: SPEED LIMITS Section 10.52.010 Thirty miles per hour 10.52.020 Thirty-five miles an hour 10.52.030 Forty miles per hour 10.52.040 Forty-five miles per hour 10.52.050 Fifty miles per hour 10.52.055 Fifty-five miles per hour 10.52.060 Erection of signs § 10.52.010 THIRTY MILES PER HOUR. In accordance with and pursuant to the authority of the Cal. Vehicle Code, §§ 22357, 22358 and 22360, the Mayor and CommonCity Council do determine and declare upon the basis of an engineering and traffic investigation that a prima facie speed limit of 30 mph shall be established upon the following streets or portions thereof in the city: HILL DRIVE between Louise Street and E Street (Ord. 2105, passed 4-3-1956; Ord. 3717, passed 4-19-1978; Ord. 3784, passed 11-22-1978; Ord. MC-93, passed 9-2-1981; Ord. MC-282, passed 6-21-1983; Ord. MC-449, passed 4-17-1985; Ord. MC-586, passed 3-26-1987; Ord. MC-842, passed 7-22-1992; Ord. MC-1421, passed 4-18-2016; Ord. MC-1428, passed 9-6-2016) § 10.52.020 THIRTY-FIVE MILES AN HOUR. In accordance with and pursuant to the authority of the Cal. Vehicle Code, §§ 22357, 22358 and 22360, the Mayor and CommonCity Council do determine and declare upon the basis of an engineering and traffic investigation that a prima facie speed limit of 35 mph shall be established upon the following streets or portions thereof in the city: 2nd STREET between Mt. Vernon Avenue and Waterman Avenue 21st STREET between Waterman Avenue and Perris Hill Park Road 27th STREET between Mt. Vernon Avenue and “G” Street 48th STREET between Kendall Drive and Electric Avenue ARROWHEAD AVENUE between 7th Street and Highland Avenue ARROWHEAD AVENUE between Highland Avenue and Thompson Place ATLANTIC AVENUE between Palm Avenue and Cienega Court “D” STREET between Highland Avenue and 28th Street EUCALYPTUS AVENUE between Mill Street and Rialto Avenue “G” STREET between 6th Street and 140 feet north of 29th Street “G” STREET between 150 feet south of 30th Street and Marshall Boulevard GILBERT STREET between Waterman Avenue and 207 feet east of Cedar Avenue “H” STREET between 6th Street and Marshall Boulevard HILL DRIVE between Magnolia Drive and H Street HOSPITALITY LANE between “E” Street and Waterman Avenue “K” STREET between Mill Street and Rialto Avenue 53 Packet Page 1066 San Bernardino - Vehicles and Traffic54 MARSHALL BOULEVARD between Ladera Road and Waterman Avenue MARSHALL BOULEVARD between Little Mountain Drive and Ladera Road MASSACHUSETTS AVENUE between Baseline Street and Highland Avenue MEDICAL CENTER DRIVE between 5th Street and Baseline Street MIRAMONTE AVENUE between 23rd Street and Marshall Boulevard MOUNTAIN AVENUE between 39th Street and 40th Street MT. VERNON AVENUE between 7th Street and 21st Street MT. VERNON AVENUE between 21st Street and 27th Street MT. VIEW AVENUE between Electric Avenue and Hill Drive/Pinehurst Court ORANGE STREET between Highland Avenue and Piedmont Drive ORANGE STREET between Pacific Street and Highland Avenue SIERRA WAY between 30th Street and 40th Street (Ord. 2105, passed 4-3-1956; Ord. 3671, passed 9-2-1977; Ord. 3746, passed 8-25-1978; Ord. 3849, passed 7-25-1979; Ord. 3854, passed 8-21-1979; Ord. 3959, passed 8-8-1980; Ord. 3966, passed 9-10-1980; Ord. MC-81, passed 7-8-1981; Ord. MC-93, passed 9-2-1981; Ord. MC-199, passed 8-17-1982; Ord. MC-282, passed 6-21-1983; Ord. MC-434, passed 2-5-1985; Ord. MC-500, passed 2-18-1986; Ord. MC-512, passed 4-22-1986; Ord. MC-586, passed 3-26-1987; Ord. MC-714, passed 4-2-1990; Ord. MC-774, passed 3-12-1991; Ord. MC-842, passed 7-22-1992; Ord. MC-848, passed 9-9-1992; Ord. MC-872, passed 5-26-1993; Ord. MC-1025, passed 7-7-1998; Ord. MC-1042, passed 3-2-1999; Ord. MC-1111, passed 12-4-2001; Ord. MC-1151, passed 10-8-2003; Ord. MC-1421, passed 4-18-2016; Ord. MC-1428, passed 9-6-2016; Ord. MC-1491, passed 7-5-2018; Ord. MC-1502, passed 12-5-2018) § 10.52.030 FORTY MILES PER HOUR. In accordance with and pursuant to the authority of the Cal. Vehicle Code, §§ 22357, 22358 and 22360, the Mayor and CommonCity Council do determine and declare upon the basis of an engineering and traffic investigation that a prima facie speed limit of 40 mph shall be established upon the following streets or portions thereof in the city: 3rd STREET between Sierra Way and Waterman Street 4th STREET between Tia Juana Street and Mt. Vernon Avenue 5th STREET between Sierra Way and Pedley Road 9th STREET between “H” Street and Sierra Way 9th STREET between Medical Center Drive and “H” Street 9th STREET between Sierra Way and Waterman Avenue 40th STREET between Electric Avenue and Waterman Avenue 40th STREET between Harrison Canyon Road North and Mountain Avenue ARDEN AVENUE between Pacific Street and Highland Avenue ARROWHEAD AVENUE between Esparanza Street and Rialto Avenue BASELINE STREET between Medical Center Drive and “H” Street BASELINE STREET between Sierra Way and Del Rosa Avenue CALIFORNIA STREET between Baseline Street and Cajon Boulevard CENTRAL AVENUE between Arrowhead Avenue and 100 feet east of Valley View Avenue DEL ROSA AVENUE between Del Rosa Drive and Marshall Boulevard “E” STREET between 30th Street and Kendall Drive “E” STREET between Hunts Lane and Century Avenue Packet Page 1067 Speed Limits 55 ELECTRIC AVENUE between 40th Street and Northpark Boulevard FOOTHILL DRIVE between Del Rosa Avenue and Arden Avenue GOLDEN AVENUE between Highland Avenue and Lynwood Drive HIGHLAND AVENUE between Sierra Way and Valencia Avenue HIGHLAND AVENUE between Valencia Avenue and Arden Avenue INLAND CENTER DRIVE between “E” Street and 1570 feet southwest of “I” Street LYNWOOD DRIVE between Valencia Avenue and Del Rosa Avenue MACY STREET between Highland Avenue and North City Limits MEDICAL CENTER DRIVE between Baseline Street and Highland Avenue MERIDIAN AVENUE between Randall Avenue and Mill Street MERIDIAN AVENUE between Rialto Avenue and Foothill Boulevard MILL STREET between Bordwell Avenue and Waterman Avenue MT. VERNON AVENUE between Grant Avenue and Rialto Avenue MT. VIEW AVENUE between Highland Avenue and Electric Avenue MT. VIEW AVENUE between Victoria Street and Highland Avenue NORTHPARK BOULEVARD between Little Mountain Drive and Electric Avenue NORTHPARK BOULEVARD between University Parkway and Little Mountain Drive ORANGE SHOW ROAD between “E” Street and Arrowhead Avenue PEPPER AVENUE between Mill Street and North City Limit PERRIS HILL PARK ROAD between Pacific Street and 21st Street REDLANDS BOULEVARD between Hunts Lane and Gardena Street SIERRA WAY between 5th Street and 30th Street SIERRA WAY between 40th Street and 48th Street SIERRA WAY between Mill Street and Rialto Avenue STERLING AVENUE between Highland Avenue and Pumalo Street VALENCIA AVENUE between 21st Street and 30th Street WATERMAN AVENUE between Highland Avenue and 30th Street WATERMAN AVENUE between Rialto Avenue and Highland Avenue (Ord. 2105, passed 4-3-1956; Ord. 3672, passed 9-16-1977; Ord. 3854, passed 8-21-1979; Ord. 3874, passed 10-16-1979; Ord. 3959, passed 8-8-1980; Ord. MC-93, passed 9-2-1981; Ord. MC-170, passed 6-8-1982; Ord. MC-438, passed 2-19-1985; Ord. MC-449, passed 4-17-1985; Ord. MC-500, passed 2-18-1986; Ord. MC-586, passed 3-26-1987; Ord. MC-842, passed 7-22-1992; Ord. MC-861, passed 2-16-1993; Ord. MC-907, passed 7-6-1994; Ord. 1013, passed 1-13-1998; Ord. MC-1025, passed 7-7-1998; Ord. MC-1066, passed 3-7-2000; Ord. MC-1082, passed 9-6-2000; Ord. MC-1083, passed 9-6-2000; Ord. MC-1111, passed 12-4-2001; Ord. MC-1123, passed 4-16-2002; Ord. MC-1164, passed 2-3-2004; Ord. MC-1382, passed 11-20-2012; Ord. MC-1421, passed 4-18-2016; Ord. MC-1428, passed 9-6-2016) § 10.52.040 FORTY-FIVE MILES PER HOUR. In accordance with and pursuant to the authority of the Cal. Vehicle Code, §§ 22357, 22358 and Packet Page 1068 San Bernardino - Vehicles and Traffic56 22360, the Mayor and CommonCity Council do determine and declare upon the basis of an engineering and traffic investigation that a prima facie speed limit of 45 mph shall be established upon the following streets or portions thereof in the city: 5th STREET between Del Rosa Drive and 200 feet east of Victoria Avenue 9th STREET between Waterman Avenue and 600 feet east of Preston Street 30th STREET between Little Mountain Drive and Valencia Avenue 40th STREET between Kendall Drive and Electric Avenue 40th STREET between Waterman Avenue and Harrison Canyon Road North BASELINE STREET between California Street and Medical Center Drive “D” STREET between 6th Street and Highland Avenue DEL ROSA AVENUE between Marshall Boulevard and 39th Street HUNTS LANE between Barton Road and Commercial Road KENDALL DRIVE between “E” Street and 40th Street LITTLE MOUNTAIN DRIVE between 27th Street and Northpark Boulevard MILL STREET between Waterman Avenue and Tippecanoe Avenue PALM AVENUE between Kendall Drive and Belmont Avenue PEPPER AVENUE between Randall Avenue and Mill Street REDLANDS BOULEVARD between Gardena Street and east city limits RIALTO AVENUE between Eucalyptus Avenue and Mt. Vernon Avenue SAN BERNARDINO AVENUE between Tippecanoe Avenue and Mt. View Avenue TIPPECANOE AVENUE between 9th Street and Baseline Street TIPPECANOE AVENUE between San Bernardino Avenue and 3rd Street VALENCIA AVENUE between 30th Street and 40th Street VICTORIA AVENUE between Highland Avenue and Lynwood Drive WATERMAN AVENUE between Central Avenue and Rialto Avenue (Ord. 2105, passed 4-3-1956; Ord. 3365, passed 8-9-1973; Ord. MC-93, passed 9-2-1981; Ord. MC-114, passed 11-16-1981; Ord. MC-199, passed 8-17-1982; Ord. MC-449, passed 4-17-1985; Ord. MC-586, passed 3-26-1987; Ord. MC-615, passed 1-8-1988; Ord. MC-698, passed 1-9-1990; Ord. MC-842, passed 7-22-1992; Ord. MC-988, passed 12-17-1996; Ord. MC-1025, passed 7-7-1998; Ord. MC-1033, passed 11-3-1998; Ord. MC-1042, passed 3-2-1999; Ord. MC-1043, passed 4-7-1999; Ord. MC-1067, passed 3-7-2000; Ord. MC-1083, passed 9-6-2000; Ord. MC-1120, passed 3-19-2002; Ord. MC-1421, passed 4-18-2016; Ord. MC-1428, passed 9-6-2016; Ord. MC-1491, passed 7-5-2018; Ord. MC-1502, passed 12-5-2018) § 10.52.050 FIFTY MILES PER HOUR. In accordance with and pursuant to the authority of the Cal. Vehicle Code, §§ 22357, 22358 and 22360, 28, the Mayor and CommonCity Council do determine and declare upon the basis of an engineering and traffic investigation that a prima facie speed limit of 50 mph shall be established upon the following streets or portions thereof in the city: HALLMARK PARKWAY between University Parkway and Lexington Parkway INDUSTRIAL PARKWAY between Lexington Parkway and Palm Avenue KENDALL DRIVE between 40th Street and Palm Avenue Packet Page 1069 Speed Limits 57 ORANGE SHOW ROAD between Arrowhead Avenue and Tippecanoe Avenue PINE AVENUE between Kendall Drive and Belmont Avenue UNIVERSITY PARKWAY between Cajon Boulevard and Northpark Boulevard WATERMAN AVENUE between Barton Road and Central Avenue (Ord. 2105, passed 4-3-1956; Ord. 3365, passed 8-9-1973; Ord. MC-93, passed 9-2-1981; Ord. MC-438, passed 2-19-1985; Ord. MC-586, passed 3-26-1987; Ord. MC-907, passed 7-6-1994; Ord. MC-988, passed 12-17-1996; Ord. MC-992, passed 4-8-1997; Ord. MC-1067, passed 3-7-2000; Ord. MC-1082, passed 9-6-2000; Ord. 1341, passed 12-1-2010; Ord. MC-1382, passed 11-20-2012; Ord. MC-1421, passed 4-18-2016; Ord. MC-1428, passed 9-6-2016) § 10.52.055 FIFTY-FIVE MILES PER HOUR. In accordance with and pursuant to the authority of the Cal. Vehicle Code, §§ 22357, 22358 and 22360, the Mayor and CommonCity Council do determine and declare upon the basis of an engineering and traffic investigation that a prima facie speed limit of 55 mph shall be established upon the following streets or portions thereof in the city: BASELINE STREET between Meridian Avenue and California Street (Ord. MC-988, passed 12-17-1996; Ord. MC-1421, passed 4-18-2016; Ord. MC-1428, passed 9-6-2016) § 10.52.060 ERECTION OF SIGNS. The Director of Public Services is ordered and directed to erect and maintain, or cause to be erected and maintained, appropriate signs giving notice of the prima facie speed limits established in this chapter along such streets. (Ord. 2105, passed 4-3-1956; Ord. 2392, passed 9-26-1961; Ord. MC-344, passed 2-22-1984) Packet Page 1070 San Bernardino - Vehicles and Traffic58 Packet Page 1071 CHAPTER 10.56: NOISE LIMITS Section 10.56.010 Incorporation of state statutes 10.56.020 Muffler requirement Statutory reference: For provisions on noise limits, see Cal. Vehicle Code, §§ 23130 and 23130.5.27200 through 27207 § 10.56.010 INCORPORATION OF STATE STATUTES. (A) It is unlawful for any person to operate on public or private property, other than public streets or highways, a motorcycle, motor-driven cycle or any other motor vehicle at any time or under any condition of grade, load, acceleration or deceleration in such a manner as to exceed the noise limits established in the Cal. Vehicle Code, § 23130§§ 27200 through 27207 for such motorcycle, motor-driven cycle or other vehicle based on a distance of 50 feet from the path of travel within the speed limits specified in the Cal. Vehicle Code, § 23130.§§ 27200 through 27207. (B) The provisions of the Cal. Vehicle Code, § 23130§§ 27200 through 27207 are incorporated by reference and made a part of this chapter wherever such provisions may be made applicable without contravening division (A) above; and any words and phrases contained in this section shall have the same meanings as are set forth in the California Vehicle Code for such words and phrases when such meanings are not in conflict with the intent of the Cal. Vehicle Code, § 23130.§§ 27200 through 27207. (Ord. 821, passed 8-9-1921; Ord. 3086, passed 6-30-1970; Ord. MC-460, passed 5-15-1985) § 10.56.020 MUFFLER REQUIREMENT. (A) Every motorcycle, motor-driven cycle or motor vehicle shall, at all times when being operated on public or private property other than public streets or highways, be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise, and no such muffler or exhaust system shall be equipped with a cutout, bypass or similar device. (B)MUFFLER or any other word or phrase of this section, shall have the meaning ascribed to such word or phrase in the California Vehicle Code. (Ord. 821, passed 8-9-1921; Ord. 3086, passed 6-30-1970) 59 Packet Page 1072 San Bernardino - Vehicles and Traffic60 Packet Page 1073 TITLE 11: RESERVED [Reserved] 1 Packet Page 1074 San Bernardino - Reserved2 Packet Page 1075 TITLE 12: STREETS, SIDEWALKS AND PUBLIC PLACES Chapter 12.03. RIGHT-OF-WAY PERMITS - EXCAVATIONS AND TEMPORARY ENCROACHMENTS 12.04. RESERVED 12.05. RIGHT-OF-WAY PERMITS - WIRELESS FACILITIES 12.08. RESERVED 12.12. TELEGRAPH AND TELEPHONE POLES - UNDERGROUND UTILITIES 12.16. DATUM PLANE 12.20. PUBLIC PROJECTS 12.21. DESIGN-BUILD 12.24. PUBLIC WORKS CONTRACTS 12.28. IMPROVEMENTS 12.30. SIGHT DISTANCE REQUIREMENT 12.32. HOUSE NUMBERS 12.36. STREET GRADES 12.40. STREET TREES 12.44. OBSTRUCTIONS 12.48. BRIDGES 12.52. FIRE HYDRANTS 12.56. PARADES 12.60. VENDING NEAR PUBLIC SCHOOLS 1 Packet Page 1076 San Bernardino - Streets, Sidewalks and Public Places2 12.64. MOTION PICTURE AND TELEVISION PRODUCTION PERMITS 12.68. PARK AND SCHOOL GROUNDS 12.72. CLOCKS 12.76. SECCOMBE LAKE PARK 12.80. PUBLIC PARKS AND RECREATIONAL FACILITIES 12.84. OFF-STREET PUBLIC PARKING 12.88. HANG GLIDING 12.90. ESTABLISHMENT, FINANCING AND OPERATION OF ASSESSMENT DISTRICTS 12.92. CONSTRUCTION AND MAINTENANCE OF SIDEWALKS, CURBS AND DRIVEWAYS 12.93. CITY PARTICIPATION IN SIDEWALK/CURB REPAIR AND SEWER CONNECTION COSTS 12.94. IMPROVEMENT DISTRICTS 12.95. SUBSTANDARD DRIVEWAY APPROACHES 12.96. INSTALLATION AND MAINTENANCE OF LANDSCAPED FRONTAGES ON CITY RIGHTS-OF-WAY AND WITHIN THE BUILDING SETBACK AREA UP TO A MAXIMUM OF TWENTY FEET 12.98. CAMPING ON PUBLIC STREETS AND PARKS Packet Page 1077 CHAPTER 12.03: RIGHT-OF-WAY PERMITS - EXCAVATIONS AND TEMPORARY ENCROACHMENTS Section 12.03.010 Findings 12.03.020 Definitions 12.03.030 Notice to disconnect or remove 12.03.040 Power to regulate 12.03.050 Non-interference with franchise rights 12.03.055 Moratorium 12.03.060 Permit application 12.03.070 Fees 12.03.080 Reserved 12.03.090 Encroachment for lane closure 12.03.100 Inspection and plan review - deposit 12.03.110 Bonds, insurance, deposits 12.03.120 Notifications and guidelines 12.03.130 Completion of work and non-conforming work 12.03.140 Warranty of work - notice - repair by city 12.03.150 Abandonment of facilities 12.03.160 Permit expiration 12.03.170 Violations - penalty § 12.03.010 FINDINGS. (A) Increasing public demand for services has prompted the expansion and installation of new above and below ground facilities offered throughout the city street and public right-of-way system. (B) Increased usage of the public right-of-way has created congestion both above and below ground and created competition for the available space. (C) Congestion in the underground portions of the street right-of-way has created conflicts between the various users in that the first users take the available space leaving little or no room for other users. In some cases, the city is prevented from installing needed expansions to water lines, sewers or storm drains due to other users taking planned space for their own facilities. (D) Continued use of public right-of-way has caused the degradation of existing pavements and in some cases has been the cause of damage or degradation to recently constructed or rehabilitated pavements, traffic signal loops and pavement markings. (E) It is the intent of the city to preserve its right to install expansions to its own systems, protect investments in capital street improvements and prevent overuse of the public right-of-way that would hamper proper maintenance and operations of facilities. (F) Continued excavations and encroachments into the public right-of-way disrupt the traveling public as well as the business operators and pose potential safety hazards unless controlled by permit and properly inspected. (G) A public utility franchise, granted by the state or the city is a contract granting special privileges to use public rights-of-way. It is not intended that this chapter impose additional rules and regulations upon the public utilities or confer authority to the city that conflicts with rights granted by existing franchise agreements, the California Public Utilities Code or jurisdiction of the California Public Utilities Commission. § 12.03.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly 3 Packet Page 1078 San Bernardino - Streets, Sidewalks and Public Places4 indicates or requires a different meaning. ASPHALT STREET. Any street the surface of which is paved with a mixture of rock, sand and asphalt cement, including any of those which are commonly known as asphalt pavement. CONCRETE DRIVEWAY. Any driveway paved with portland cement concrete. CONCRETE GUTTER. Any gutter composed of portland cement concrete. CONCRETE STREET. Any street paved with portland cement concrete. CURB. Any curb constructed of portland cement concrete. ENCROACHMENT. To encroach upon, obstruct or close any public street, alley, court, sidewalk or any portion thereof within the city, for any purpose, including construction, parking, sales, advertising or any private usage of public right-of-way. FACILITY. Physical structure of the facility, not what is contained in the facility. Where protected by PUC regulations, it is not required to disclose type of conductors or contents of the physical structure of the facility. LIGHTS. Shall conform to the requirements outlined in the current edition of the “Manual of Traffic Controls,” published by the State of California. MANHOLE. Any surface structure which is part of any underground system, such as sewer, storm drain, water, gas, ground pipes or wire system, and shall have a surface cover with an exposed area of one and one-half square feet or more and shall also include such structures of record that may have been overlaid with surfacing materials. NEW FACILITY. A new distribution line or new service connection. Every attempt shall be made to use existing service connections for proposed developments or redevelopments. In the event the distribution line or service connection is inadequate to serve a development, NEW FACILITY shall include the necessary increase in size of distribution lines and service lines for the facility only and/or the extension of service to reach the development. OILED STREET. Any street, the surface of which is composed of a mixture of one or more spray coats of road oil with sand, compressed rock or decomposed granite, or chemical dust palliative, having a thickness of one inch or less. PERSON. Any person as defined in § 1.04.010, and including any governmental agency or subdivision of any city or county or the State of California. PROPERTY. Any property, rail, ties, wire, pipes, conduit or any device, fixture, appliance or structure appurtenant thereto, installed, affixed or located in or under any public street or public place in the city whether so affixed, installed or located under franchise, or otherwise. PROSPECT HOLE. Any hole made in a pavement, driveway or sidewalk by driving a metal bar, or drill into same for the purpose of locating existing utility pipes, or conduits, or leaks therefrom or for explorations as to soil type, depth to ground water, monitoring of ground water or pollution or other monitoring activities. PUBLIC PLACE. A public place, public square, public park, public playground, public court, public building and grounds, public airport and all public grounds and places owned and maintained by the city. PUBLIC STREET. A public street, public easements, public right-of-way, public highway, public alley, public way or public road within the city. ROCK AND OIL. Any street, the surface of which is composed of macadam pavement, or a mixture of rock, sand and either road oil or liquid asphalt, having a total thickness of more than one inch. TRENCH INFLUENCE AREA. An area three and one-half feet adjacent to the edge of any trench where excavation occurs in the public right-of-way. UNIMPROVED STREET. Any street, the Packet Page 1079 Right-of-Way Permits - Excavations and Temporary Encroachments 5 surface of which is composed of dirt, soil, sand, gravel, decomposed granite or similar materials in their natural state or a surface of inbound or waterbound gravel, or decomposed granite. VALVE/VALVE BOX/PULL BOX. Any access via surface structure which is part of any underground system, such as sewer, storm drain, water, gas, ground pipes, wire or cable systems, and has a surface cover with a surface area of less than one and one-half square feet. WARNING SIGNS. Shall conform to the requirements of the “Manual of Traffic Controls,” current edition, published by the State of California, and the “Work Area Traffic Control Handbook” (“WATCH”), current edition, as adopted by the City of San Bernardino. (Ord. MC-1281, passed 8-19-2008) § 12.03.030 NOTICE TO DISCONNECT OR REMOVE. Whenever the Director of Development Services determines that it is reasonable and necessary that any property located in or under any public street, or public place in this city, owned, maintained or controlled by any person, be temporarily disconnected, and reconnected, or permanently moved, relocated or removed from any public street, or other public place, in order that the city, or other governmental agency, or instrumentality, may most economically, under modern engineering and construction methods install, construct, build or erect any public improvement, or works in or under any public street, the Director of Development Services shall give timely written notice to the person owning, maintaining or controlling such property, to move, relocate or temporarily disconnect the same, as may be determined by the City Engineer. (Ord. MC-1004, passed 10-21-1997; Ord. MC-1027, passed 9-9-1998) § 12.03.040 POWER TO REGULATE. (A) The city shall adopt such regulations for the location, size, depth, number of facilities to be accommodated, installation and repair methods and surcharges for new or recently rehabilitated public streets that may require excavations as it may deem necessary for public welfare. The regulations are intended to protect the public right-of-way and equitably allocate available space. In the event a utility cannot locate as directed by the city without violation of PUC installation guidelines, then alternate alignments shall be selected. (B) Whenever an excavation is made by tunneling under the surface of the street, the city shall adopt such regulations and require such inspections, as it may deem necessary to ensure full compliance with the other sections of this chapter. (C) Whenever conduits are placed under city streets or in public rights-of-way, the city will require the owner/user to ensure the conduits can be located, with accuracy, by a reliable method. This shall mean a horizontal location within four inches and depth within 18 inches. (D) Plans shall be prepared and submitted that show the location, depth and type of proposed facilities, as well as other existing underground utilities. Such plans shall be to scale and no less than one inch equals 60 feet and shall show the right-of-way line, curb lines and all known underground utilities, conduits or buried wires. (E) City direction to relocate or locate in other positions to clear existing or future facilities will be considered mandatory and not merely recommendations. Failure to follow approved plans will result in the facility being relocated as directed at the cost of the owner. § 12.03.050 NON-INTERFERENCE WITH FRANCHISE RIGHTS. Nothing in this chapter shall be construed as interfering with any rights granted to any persons, firm or corporation under and by virtue of any franchise of the state or of the city or to any rights granted in the future. § 12.03.055 MORATORIUM. Packet Page 1080 San Bernardino - Streets, Sidewalks and Public Places6 (A) It shall be unlawful for any person to excavate, cut or open the pavement surface of any street within five years after acceptance of the street construction work by the City Engineer, with the exception of seal coated or micro-surfaced streets, which shall be for a period of three years after acceptance of the work by the City Engineer. This moratorium on street excavations shall not apply if the Director of Development Services grants a street excavation permit for any of the following reasons: (1) Excavation work that is mandated by city, county, state or federal legislation or that is required as a condition of approval to a city issued development permit; (2) Utility service for development where no other reasonable means of providing service exists, as determined by the Director of Development Services; (3) For a prospect hole, as defined in this chapter, to verify utility depth or location; (4) Excavations which are essential components of a regional project which will provide a substantial public benefit; (5) Written requests for state/federal mandated pipeline integrity inspections; or (6) Other situations where the Director of Development Services finds that the excavation is necessary for the public health, safety or welfare. (B) In the event of an emergency which endangers life or property, or for an emergency repair or modification which is necessary to prevent interruption of life essential utility services, excavation work may occur without first obtaining a permit; however, written application for a permit shall be provided the following business day. (C) If a permit is granted by the Director of Development Services or emergency excavation work as hereinabove described is performed, the following conditions shall apply: (1) All restoration and repair work shall be performed in accordance with the most current trench, backfill and pavement replacement detail standards in effect and as approved by the City Engineer; (2) Provide a written pavement life performance warranty in a form acceptable to the city, unless one is already provided through a franchise agreement with the city. The warranty shall provide that in the event that subsurface material or pavement over or within the trench influence area becomes depressed, broken or otherwise fails at any time after the excavation (or joint operation excavation) has been completed, that person shall repair or reconstruct the subsurface and pavement to a condition to the satisfaction of the City Engineer; and (3) The person requesting the excavation permit or responsible for emergency excavation work shall submit an application for an excavation permit, pay all required fees and comply with the provisions of this chapter. (D) The moratorium on excavations shall not apply in any area where the street pavement construction was completed five years prior to the effective date of the ordinance codified in this chapter. (Ord. MC-1281, passed 8-19-2008) § 12.03.060 PERMIT APPLICATION. (A) Every permit for any excavation or encroachment in or under the surface of any street shall be granted subject to the rights of this city, or any other person entitled thereto, to make reasonable use of that part of the street for any purpose for which the street may be lawfully used, consistent with the excavation and/or encroachment made pursuant to such permit. (B) It is unlawful to remove material from or engage in construction, repair or installation of conduits within any street in such a manner as to render such street impassable or dangerous to public travel. Closure of streets must be approved in advance with approval of traffic detour plans submitted in accordance with the guidelines prepared by the City Director of Development Services. Packet Page 1081 Right-of-Way Permits - Excavations and Temporary Encroachments 7 (C) It is unlawful for any person to make excavations or encroachments in or under the surface of any street, sidewalk or public place, for the installation, repair or removal of any pipe, conduit, duct or tunnel, or for any other purpose except the installation of poles and anchors serving overhead lines without first: (1) Making and filing a written application with the Director of Development Services a minimum of 48 hours prior to starting any excavation or encroachment, except any person or firm holding a public utility franchise in the city may, for emergency purposes only, make and file a written application during the next business day following the making of such emergency excavations or encroachments; (2) Receiving a written permit from the Director of Development Services; and (3) Making a deposit or other acceptable security to cover the cost of installation including: (a) Inspection; (b) Restoring the street or sidewalk to its original condition; (c) Restoring all signs, pavement markings, conduits, cables, pipes to a condition acceptable to the city using similar materials and methods to match the original improvements; and (d) Incidental expenses in connection therewith, as hereinafter provided for. (D) Before issuing any permit provided for in this section, the Director of Development Services shall require that a written application be made and filed with the Department of Public Works which shall provide the following: (1) Name and residence, or business address of applicant; (2) A detailed description of the work, its location and approximate area (in square feet) and the purpose for the excavation (installation, repair, enhancement and the like); and (3) A plat of the proposed work not larger than 24 inches by 36 inches nor smaller than eight and one-half inches by 11 inches and at a scale not smaller than one inch equals 60 feet showing the following: (a) Right-of-way lines; (b) Curb lines, back of sidewalk, street lights, traffic signal and boxes; (c) Location of proposed excavation including the length and width of the trench; (d) North arrow and scale; (e) Street names and cross street (even if shown with broken centerline to nearest cross street); (f) All underground facilities with size, location and ownership based on a search of available records. This is required for the full right-of-way width for lines going in the general direction of the street and for the length of the trench for excavations generally perpendicular to the street; and (g) Such other information as the Director of Development Services may require. No plats shall be required when excavations or encroachments are made for service connections, or for locating or repairing existing underground installations. (E) Applicant must show legal authority to occupy and use the street or sidewalk wherein the excavation/encroachment is proposed to be made. (F) It is unlawful for any person to make any excavation, install or maintain any tank, pipe, conduit, duct or tunnel, in or under the surface of any street, or sidewalk or public place, at any location other than that described in the application and shown on the plats filed by such person. Any deviation in location necessitated by actual field conditions shall be corrected on the final plats and submitted to the Director of Development Services as the as constructed plats. Packet Page 1082 San Bernardino - Streets, Sidewalks and Public Places8 (G) The Director of Development Services may require site survey in order to ensure accurate location of facilities as deemed necessary to ensure compliance with this section. (H) Those performing the work shall have a valid current city business registration and shall list the number thereof on the application. The job superintendent, as well as the owner’s authorized representative, shall also provide 24-hour emergency telephone numbers should problems be discovered other than during normal working hours and shall list the same on the application. (I) The Director of Development Services may issue vehicle parking permits that allow encroachment into time limited parking areas for extended work periods. See § 12.03.090. (Ord. MC-1004, passed 10-21-1997; Ord. MC-1027, passed 9-9-1998) § 12.03.070 FEES. (A) Before a right-of-way excavation/ encroachment permit is issued, the person making the application shall pay the city a non-refundable right-of-way construction permit fee as established by resolution. (B) (1) Public utilities approved by the Director of Development Services may obtain a right-of-way blanket permit for minor work and emergency work. Applicants shall pay a non-refundable blanket permit fee as established by resolution. A blanket permit will be valid for 12 months from the date of issuance. (2)MINOR WORK is defined as cable location and repair; constructing, modifying or abandoning individual service connections; maintaining and/or operating existing facilities; installing protection and electrical disconnecting equipment; and other equivalent minor work within local residential streets and easements. Construction or replacement of new distribution and transmission facilities, work within arterial or collector roads or highways or any other activity not construed to be MINOR WORK will require individual permits. (3)EMERGENCY WORK is defined as work necessary to repair damage to existing facilities and/or reestablish service. Work done under a blanket permit shall not require submittal of detailed plans as required by § 12.30.060 unless deemed necessary by the Director of Development Services. (C) Other public agencies may obtain a no fee preliminary permit in order to complete the review process and obtain any permit requirements. Prior to any work being done under this preliminary permit, the person or contractor that will perform the work must obtain a right-of-way permit and pay all associated permit fees and deposits. (D) Applicants obtaining a permit for the purpose of installing sewer laterals and making connection to existing sewer lines will need to provide evidence (receipts) to the Director of Development Services showing that sewer capacity fees (paid to the City Municipal Water Department) and sewer connection fees (paid to the Development Services Department) have been paid for the property being connected. (Ord. MC-1027, passed 9-9-1998) § 12.03.080 RESERVED. [Reserved] § 12.03.090 ENCROACHMENT FOR LANE CLOSURE. (A) Closure of traffic lanes on arterial and collector streets as designated in the city’s general plan circulation element shall be avoided between the morning and evening peak hours to accommodate traffic operations. Generally, the period from 7:00 a.m. to 8:30 a.m. constitutes the morning peak and the period from 3:30 p.m. to 5:30 p.m. constitutes the evening peak. Peak flow need only be addressed weekdays (Monday through Friday). (B) Permits shall be required for excavations/encroachments that will occur at the places and times specified in division (A) above and shall be assessed an additional fee, as determined by resolution, for each day of the closure or operation. Packet Page 1083 Right-of-Way Permits - Excavations and Temporary Encroachments 9 (C) Emergency closures shall not require an encroachment permit. The owner/contractor completing the work shall notify the Director of Development Services immediately by telephone or telecopier or in person of such emergency closures. As used in this section, EMERGENCY means an actual, threatened or anticipated incident or situation which seriously threatens the public health and safety. In the event such emergency closures present a hazard or serious impact on the traveling public, the owner/contractor shall pay the city actual costs for traffic control officers, personnel or equipment dispatched to correct the traffic disruption. These actual costs shall be over and above any blanket permit, lane closure or after the fact permit issued. (D) All traffic lane closures shall follow the advance warning and safety signing as required by the “WATCH Manual” or other approved traffic-control manual. Failure to comply with this section shall constitute sufficient grounds for the city to issue a stop work order. (E) Projects involving the use of “Rule 20” funds or being done at the request of the city in relation to other ongoing city projects are exempt from the provisions of this section. § 12.03.100 INSPECTION AND PLAN REVIEW - DEPOSIT. (A) Before excavation/encroachment permits are issued, a deposit to cover the estimated cost of the inspection, plan review and repair/replacement costs shall be paid to the city. Franchise holders who have repair/replacement language within the franchise agreement or who have previously undertaken all repair/replacement obligations need only provide inspection and plan review fees. Both inspection and plan review will be charged as a percentage of the estimated construction cost with a minimum basic fee to cover administrative costs associated with the permit and plan review/inspections. Public utilities performing work under a blanket permit, in lieu of providing the inspection and plan review deposit, shall be billed quarterly for costs based on construction activities and plan reviews conducted for the public utilities, by the city, in public rights-of-way and public places. (B) Plan reviews shall be submitted to the Department of Development Services for review and comment. Two plans shall be submitted and no permits shall be issued or construction started, until the plan review has been completed and plans approved. (C) No portion of the deposit for repair/replacement costs shall be returned until all work has been satisfactorily completed and all markings, signs, conduits and systems are returned to working order or replaced in kind. This shall also include the removal of pavement markings made to locate underground utilities and facilities and used by the contractor for construction purposes. The street shall be returned to a condition that reflects no evidence of the construction activities. Depending on the location of and direction of the excavation, the contractor may be required to pave to limits of two feet each side of the trench, from the curb to the first lane line, a full lane width, a full half street section or the entire street section should the trench be skewed or impact both sides of the street. Surface treatments, such as chip seal and slurry seal, may be considered based on the condition of the street and area of the patch. (Ord. MC-1004, passed 10-21-1997; Ord. MC-1027, passed 9-9-1998) § 12.03.110 BONDS, INSURANCE, DEPOSITS. (A) (1) Except as provided in the Cal. Streets and Highways Code, § 1468, before an excavation/encroachment permit is issued, a deposit in an amount of the estimated construction cost, as determined by the Director of Development Services, shall be paid to the city for damages and as indemnity for any damages, which may be caused by the Packet Page 1084 San Bernardino - Streets, Sidewalks and Public Places10 permitted excavation or obstruction; or in lieu of such deposit, post security in a form approved by the City Attorney. (2) Security shall indemnify the city for any damages and shall be further conditioned upon the compliance by the applicant with all provisions of this chapter. Such deposit or security shall be for 100% of the estimated construction cost, as determined by the Director of Development Services, to guarantee faithful performance of all work, in a manner satisfactory to the city, and that all materials and workmanship will be free from original or developed defects. The deposit or security will remain in effect until the end of all warranty periods set forth in this chapter. Changes in the work or extensions of time shall in no way release the applicant or surety from its obligations. (B) (1) Applicant shall furnish to the city a policy or certificate of liability insurance in which the city is the named insured or is named as an additional insured with the applicant. Franchised utilities doing work with their own forces shall not be required to submit insurance certifications or policies. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement, the city shall be the insured or as an additional insured covering the work whether liability is attributable to the applicant or the city. (2) The policy shall ensure the city, its officers, employees and agents, while acting within the scope of their duties on the permit, against all claims arising out of or in connection with the work. Coverage shall be in accordance with the current edition of the “Standard Specifications for Public Works Construction” (Green Book), § 7-3. The applicant shall indemnify, defend and hold harmless the city, its officers and agents from all damages, costs or expenses in law or equity that may, at any time, arise or be set up because of damages to property, or of personal injury received by reason or in the course of performing work, which may be caused by any willful or negligent act or omission by the applicant, or any of the applicant’s employees or contractors. The city will not be liable for any accident, loss or damage to the work prior to its completion and acceptance. (3) All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the city shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than 30 days before expiration or cancellation is effective. (4) The applicant shall be required, on the permit, to affirm that they have a certificate of consent to self-insure, or a certificate of workers’ compensation insurance, or a certified copy thereof (Cal. Labor Code, § 3800) or sign a certificate of exemption from workers’ compensation insurance (work over $100 valuation). Said certification shall certify the applicant shall not employ any person in any manner so as to become subject to the Workers’ Compensation Laws of California in the performance of the work. After making such certification, should the applicant become subject to workers’ compensation provisions of the California Labor Code, applicant must forthwith comply with the same or the permit shall be deemed revoked. (C) Owner occupants or owner builders shall not be required to provide said insurance certificates for work with a value under $5,000. Owner occupants or owner builders shall however be bound by the provisions of division (B) above as it relates to indemnification and defense of the city and liability for accident, loss or damage to property or for personal injury. The owner occupant’s or the owner builder’s signature on the application will attest to their understanding and acceptance of the liability exposure for work done by owner occupants or owner builders. Owners or builders shall declare that they are exempt from the Contractor’s License Law and as the owner Packet Page 1085 Right-of-Way Permits - Excavations and Temporary Encroachments 11 of the property that they or their employees, with wages as their sole compensation, will do the work and it is not intended or offered for sale. Contractor’s License Law does not apply to an owner of property who builds or improves thereon and who does such work themselves or through their own employees; provided that such improvements are not intended or offered for sale. If, however, the improvement is sold within one year of completion, the owner or builder will have the burden of proving that they did not build or improve for the purpose of sale. (D) Notwithstanding any provision in this chapter to the contrary, a contractor who has been awarded a competitive bid by the city for a public project involving street excavation or cutting shall not be required to file a bond or special deposit under this section to cover the cost of repairing or replacement of street surface excavated or damaged; provided that the contractor’s bid documents or contract require that they perform such street repair or replacement as a part of the awarded project and that they so perform in a manner satisfactory to the Director of Development Services and in accordance with all provisions of this section. (E) An agreement between the Redevelopment Agency and the city in a form satisfactory to the City Attorney unconditionally providing and guaranteeing that the agency provide and pay for those excavations/encroachments and other costs required pursuant to the provisions of this section may be filed with the Director of Development Services as security in lieu of the bond, cash or certificate of deposit whenever the excavations/encroachments are located in a redevelopment project area and the agreement recites that the excavations/encroachments are in compliance with the redevelopment plan for the area and in furtherance of the public interest in promoting public or private development. (Ord. MC-1004, passed 10-21-1997; Ord. MC-1027, passed 9-9-1998) Statutory reference: Contractor’s License Law, see Cal. Business and Professions Code, Division 3, Chapter 9 (commencing with § 7000) Workers’ Compensation Laws of California, see Cal. Labor Code (commencing with § 3200) and Cal. Code of Regulations, Title 8 § 12.03.120 NOTIFICATIONS AND GUIDELINES. (A) Twenty-four hours prior to commencing any work within any public right-of-way or public place, the applicant shall notify the Department of Development Services, Field Engineering Section, to arrange for inspection service. All work shall be performed under the inspection and authority of the Director of Development Services, or his or her authorized representative, and shall comply with this chapter and the policy concerning excavations/ encroachments. (B) It is unlawful for any person to make any excavations in any street or sidewalk without maintaining safe crossings for vehicle traffic at all street intersections, alleys and private driveways, and safe crossing for pedestrians at intervals of not more than 300 feet. If any excavation is made across any street or alley, at least one safe crossing shall be maintained at all times for vehicles and pedestrians. Free access must be provided and maintained to all fire hydrants and water valves. (Ord. MC-1004, passed 10-21-1997; Ord. MC-1027, passed 9-9-1998) § 12.03.130 COMPLETION OF WORK AND NON-CONFORMING WORK. (A) After work under the permit is commenced, the applicant shall perform the work with due diligence, and so as not to obstruct any street, alley, sidewalk or public place, or travel thereon more than is actually necessary. If the work is not so performed, or if the work does not, in the judgment of the Director of Development Services, comply with the terms of this chapter, the Director of Development Services shall notify the applicant, in writing, that the work is not performed with due diligence, or that the work has not been properly done, and require the applicant, within three days after service of such notice, to diligently proceed with said work or properly complete the same. If the applicant fails to comply with such notice, the Director of Development Packet Page 1086 San Bernardino - Streets, Sidewalks and Public Places12 Services shall do whatever work is necessary to restore the street, alley, sidewalk or public place to the same condition as existed before work began. (B) The applicant shall be responsible for all costs incurred by the city in the restoration and enforcement actions pursuant to this section. (Ord. MC-1004, passed 10-21-1997; Ord. MC-1027, passed 9-9-1998) § 12.03.140 WARRANTY OF WORK - NOTICE - REPAIR BY CITY. (A) The applicant shall warrantee the fitness of all work for the period of one year, or as specified in franchise agreements, after completion of said work against all defects in workmanship or materials. Whenever, within said period of one year, any public improvement so warranted becomes in need of repairs, by reason of any defect in workmanship or material, the Director of Development Services shall serve on the applicant written notice stating what repairs are necessary and requiring such repairs to be made within three days after receipt of said notice. If the applicant fails to comply with such notice, the Director of Development Services shall proceed to make such repairs. (B) The applicant shall be responsible for all costs, including materials, labor and administration, necessary to repair or replace defective work. Such funds shall be withheld from the bonds or security deposit submitted by the applicant until reimbursement is made or other acceptable arrangement for payment has been established. (Ord. MC-1004, passed 10-21-1997; Ord. MC-1027, passed 9-9-1998) § 12.03.150 ABANDONMENT OF FACILITIES. (A) When abandonment of existing facilities is contemplated, the utility shall make every effort to utilize the current alignment and location for the proposed new facilities thereby preserving the available right-of-way. In the event this is impractical or technically infeasible, the owner/user shall be responsible for the removal of the abandoned facility. (B) Abandoned facilities may be removed when new facilities are installed or may be deferred until such time as the abandoned facility conflicts with proposed new development or the installation of any new facilities. The owner shall coordinate the removal and disposal of the abandoned facilities with the contractor making the new improvements. The owner shall be fully responsible for the disposal of the ducts, conduits, conductors, pipes, fittings and all other portions of the abandoned work and for any hazardous materials that may be present in any of the abandoned facilities. Should contamination be evident in the surrounding soils, the owner shall investigate and mitigate the contamination. (C) The owner shall maintain records of such abandoned facilities and shall show such abandoned facilities on any requests to locate facilities when there is a reasonable expectation of conflict with the proposed construction. Such facilities shall be clearly designated as abandoned and upon request the owner shall supply information on the material present. § 12.03.160 PERMIT EXPIRATION. (A) If, after a permit has been issued pursuant to this chapter, and construction has not commenced within 60 days after the date thereof or other date set forth in the permit, then such permit shall become void. Before work commences, the applicant must obtain a new permit and pay the usual fee. The applicant may request, in writing, that the Director of Development Services extend the permit time but such requests shall be made prior to the 60-day expiration date. The request shall state the reasons for the extension, the duration of the extension request and shall provide justification for not beginning the work within the first 60 days. Deposits made on the value of the work may be released upon request of the applicant after the applicant submits evidence of the proper completion of the work or evidence that the permit terminated prior to the commencement of the work. Fees for plan review and inspections performed will not be reimbursed nor applied to re-submittal for a permit for the same area. (B) Preliminary permits that have been issued to a public agency under the provisions of this chapter Packet Page 1087 Right-of-Way Permits - Excavations and Temporary Encroachments 13 but for which an excavation/encroachment permit has not been issued or work commenced within one year of issuance of the preliminary permit, or other date set forth on the permit, shall become void. Re-submittal of the preliminary permit will be required to reactivate the process. (C) Permits for encroachments into the public right-of-way shall not be granted for any period longer than 30 days. (Ord. MC-1004, passed 10-21-1997; Ord. MC-1027, passed 9-9-1998) § 12.03.170 VIOLATIONS - PENALTY. Any person violating any provision of this chapter is guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. The enforcement of the penal provisions in this section shall not bar the city from pursuing any other remedies permitted by law. (Ord. MC-1004, passed 10-21-1997) Packet Page 1088 San Bernardino - Streets, Sidewalks and Public Places14 Packet Page 1089 CHAPTER 12.04: RESERVED (Repealed by Ord. MC-1004, passed 10-21-1997) 15 Packet Page 1090 San Bernardino - Streets, Sidewalks and Public Places16 Packet Page 1091 CHAPTER 12.05: RIGHT-OF-WAY PERMITS - WIRELESS FACILITIES Section 12.05.010 Purpose 12.05.020 Definitions 12.05.030 Scope 12.05.040 Administration 12.05.050 General standards for wireless facilities in the public rights-of-way 12.05.060 Applications 12.05.070 Findings; decisions; consultants 12.05.080 Conditions of approval 12.05.090 Breach; termination of permit 12.05.100 Infrastructure controlled by city 12.05.110 Non-discrimination § 12.05.010 PURPOSE. The purpose of this chapter is to establish a process for managing, and uniform standards for acting upon, requests for the placement of wireless facilities within the public rights-of-way of the city, consistent with the city’s obligation to promote the public health, safety and welfare; to manage the public rights-of-way; and to ensure that the public is not incommoded by the use of the public rights-of-way for the placement of wireless facilities. The city recognizes the importance of wireless facilities to provide high quality communications service to the residents and businesses within the city, and the city also recognizes its obligation to comply with applicable federal and state law regarding the placement of personal wireless services facilities in its public rights-of-way. This chapter shall be interpreted consistent with those provisions. (Ord. MC-1560, passed 6-16-2021) § 12.05.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. APPLICANT. A person filing an application for placement or modification of a wireless facility in the public right-of-way. APPLICATION. A formal request, including all required and requested documentation and information, submitted by an applicant to the city for a wireless encroachment permit. BASE STATION. Shall have the meaning as set forth in 47 C.F.R. § 1.6100(b)(1), or any successor provision. ELIGIBLE FACILITIES REQUEST. Shall have the meaning as set forth in 47 C.F.R. § 1.6100(b)(3), or any successor provision. FCC. The Federal Communications Commission or its lawful successor. MUNICIPAL INFRASTRUCTURE. City owned or controlled property structures, objects and equipment in the ROW, including, but not limited to, street lights, traffic control structures, banners, street furniture, bus stops, billboards or other poles, lighting fixtures or electroliers located within the ROW. PERMITTEE. Any person or entity granted a wireless encroachment permit pursuant to this chapter. PERSONAL WIRELESS SERVICES. Shall have the same meaning as set forth in 47 U.S.C. § 332(c)(7)(C)(i). PERSONAL WIRELESS SERVICES FACILITY. A wireless facility used for the provision of personal wireless services. 17 Packet Page 1092 San Bernardino - Streets, Sidewalks and Public Places18 PUBLIC RIGHT-OF-WAY or ROW. Shall have the same meaning as public street in § 12.03.020, but shall also include any portion of any road or public way which the city has the responsibility to maintain or manage. SMALL CELL FACILITY. Shall have the same meaning as small wireless facility in 47 C.F.R. § 1.6002(1), or any successor provision (which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below). (1) The facility: (a) Is mounted on a structure 50 feet or less in height, including antennas, as defined in 47 C.F.R. § l.1320(d); (b) Is mounted on a structure no more than 10% taller than other adjacent structures; or (c) Does not extend an existing structure on which it are located to a height of more than 50 feet or by more than 10%, whichever is greater. (2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. § l.1320(d)), is no more than three cubic feet in volume; (3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; (4) The facility does not require antenna structure registration under 47 C.F.R. pt. 17; (5) The facility is not located on Tribal lands, as defined under 36 C.F.R. § 800.16(x); and (6) The facility does not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b). SUPPORT STRUCTURE. Any structure capable of supporting a base station. TOWER. Any structure built for the sole or primary purpose of supporting any FCC licensed or authorized antennas and their associated facilities, including structures that are constructed for personal wireless services, including, but not limited to, private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul, and the associated site. This definition does not include utility poles. UNDERGROUND AREAS. Those areas where there are no electrical facilities or facilities of the incumbent local exchange carrier in the right-of-way; or where the wires associated with the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground. Electrical facilities are distribution facilities owned by an electric utility and do not include transmission facilities used or intended to be used to transmit electricity at nominal voltages in excess of 35,000 volts. UTILITY POLE. A structure in the ROW designed to support electric, telephone and similar utility lines. A tower is not a UTILITY POLE. WIRELESS ENCROACHMENT PERMIT. A permit issued pursuant to this chapter authorizing the placement or modification of a wireless facility of a design specified in the permit at a particular location within the ROW; and the modification of any existing support structure to which the wireless facility is proposed to be attached. WIRELESS FACILITY or FACILITY. The transmitters, antenna structures and other types of installations used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s) and base station(s). WIRELESS INFRASTRUCTURE PROVIDER. A person that owns, controls, operates or manages a wireless facility or portion thereof within the ROW. Packet Page 1093 Right-of-Way Permits - Wireless Facilities 19 WIRELESS REGULATIONS. Those regulations adopted pursuant to Section 55 C.F.R. § 5 and implementing the provisions of this chapter. WIRELESS SERVICE PROVIDER. An entity that provides personal wireless services to end users. (Ord. MC-1560, passed 6-16-2021) § 12.05.030 SCOPE. (A)In general. There shall be a type of encroachment permit, entitled a “wireless encroachment permit,” which shall be subject to all of the same requirements as an encroachment permit would under Chapter 12.03 in addition to all of the requirements of this chapter. Unless exempted, every person who desires to place a wireless facility in the public rights-of-way or modify an existing wireless facility in the public rights-of-way must obtain a wireless encroachment permit authorizing the placement or modification in accordance with this chapter. Except for small cell facilities, facilities qualifying as eligible facilities requests or any other type of facility expressly allowed in the public right-of-way by state or federal law, no other wireless facilities shall be permitted pursuant to this chapter. (B)Exemptions. This chapter does not apply to: (1) The placement or modification of facilities by the city or by any other agency of the state solely for public safety purposes; and (2) Installation of a “cell on wheels,” “cell on truck” or a similar structure for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event; provided that installation does not involve excavation, movement or removal of existing facilities. (C)Other applicable requirements. In addition to the wireless encroachment permit required herein, the placement of a wireless facility in the ROW requires the persons who will own or control those facilities to obtain all permits required by applicable law, and to comply with applicable law, including, but not limited to, applicable law governing radio frequency (“RF”) emissions. (D)Pre-existing facilities in the ROW. Any wireless facility already existing in the ROW as of the date of this chapter’s adoption shall remain subject to the standards and conditions of this code in effect prior to this chapter, unless and until a renewal of such facility’s then existing permit is granted, at which time the provisions of this chapter shall apply in full force going forward as to such facility. The review of any request for a renewal of a permit for such pre-existing facilities shall be conducted pursuant to this chapter, rather than the portion(s) of this code that it was previously reviewed under. (E)Public use. Except as otherwise provided by state law, any use of the public right-of-way authorized pursuant to this chapter will be subordinate to the city’s use and use by the public. (Ord. MC-1560, passed 6-16-2021) § 12.05.040 ADMINISTRATION. (A)Reviewing authority. The Director of Public Works (“the Director”), or his or her designee, is responsible for administering this chapter. As part of the administration of this chapter, the Director may: (1) Interpret the provisions of this chapter; (2) Develop and implement standards governing the placement and modification of wireless facilities consistent with the requirements of this chapter, including regulations governing collocation and resolution of conflicting applications for placement of wireless facilities; (3) Develop and implement acceptable designs and development standards for wireless facilities in the public rights-of-way, taking into account the zoning districts bounding the public rights-of-way; (4) Develop forms and procedures for submission of applications for placement or modification of wireless facilities, and proposed changes to any support structure consistent with this chapter; (5) Determine the amount of and collect, as Packet Page 1094 San Bernardino - Streets, Sidewalks and Public Places20 a condition of the completeness of any application, any fee established by this chapter; (6) Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with state and federal laws and regulations; (7) Issue any notices of incompleteness, requests for information or conduct or commission such studies as may be required to determine whether a permit should be issued; (8) Require, as part of, and as a condition of, completeness of any application, notice to members of the public that may be affected by the placement or modification of the wireless facility and proposed changes to any support structure; (9) Subject to appeal as provided herein, determine whether to approve, approve subject to conditions or deny an application; and (10) Take such other steps as may be required to timely act upon applications for placement of wireless facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application. (B)Appeal. (1) Any person adversely affected by the decision of the Director, pursuant to this chapter, may appeal the Director’s decision to the hearing officer, as the term is defined in § 9.94.010, which may decide the issues de novo, and whose written decision will be the final decision of the city. An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the personal wireless services facility. (2) Where the Director grants an application based on a finding that denial would result in a prohibition or effective prohibition under applicable federal law, the decision shall be automatically appealed to the hearing officer, consistent with provisions as provided in Chapter 9.94. All appeals must be filed within two business days of the written decision of the Director, unless the Director extends the time therefor. An extension may not be granted where extension would result in approval of the application by operation of law. (3) Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law. (Ord. MC-1560, passed 6-16-2021) § 12.05.050 GENERAL STANDARDS FOR WIRELESS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY. (A)Generally. Wireless facilities in the ROW shall meet the minimum requirements set forth in this chapter and the wireless regulations, in addition to the requirements of any other applicable law. (B)Regulations. The wireless regulations and decisions on applications for placement of wireless facilities in the ROW shall, at a minimum, ensure that the requirements of this section are satisfied, unless it is determined that applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this chapter may be waived, but only to the minimum extent required to avoid the prohibition or violation. (C)Minimum standards. Wireless facilities shall be installed and modified in a manner that minimizes risks to public safety, avoids placement of aboveground facilities in underground areas, avoids installation of new support structures in the public rights-of-way and otherwise maintains the integrity and character of the neighborhoods and corridors in which the facilities are located; ensures that installations are subject to periodic review to minimize the intrusion on the rights-of-way; and ensures that the city bears no risk or liability as a result of the installations, and that such use does not inconvenience the public, interfere with the primary uses of the rights-of-way or hinder the ability of the city or other government agencies to improve, modify, relocate, abandon or vacate the public rights-of-way or any portion thereof or to cause the improvement, modification, relocation, vacation or Packet Page 1095 Right-of-Way Permits - Wireless Facilities 21 abandonment of facilities in the rights-of-way. (D)Design and location standards. All applicants shall design and locate the wireless facilities in accordance with the Design and Development Standards for wireless facilities in the public right-of-way set forth and adopted by resolution of the Mayor and City Council and, from time to time, amended and updated by the Director. (Ord. MC-1560, passed 6-16-2021) § 12.05.060 APPLICATIONS. (A)Submission. Unless the wireless regulations provide otherwise, the applicant shall submit a paper copy and an electronic copy of any application, amendments or supplements to an application, or responses to requests for information regarding an application to: Director, at 201 North “E” Street, Second Floor, San Bernardino, California 92401. (B)Pre-application meeting. Prior to filing an application for a wireless encroachment permit, an applicant is encouraged to schedule a pre-application meeting with the Director to discuss the proposed facility, the requirements of this chapter and any potential impacts of the proposed facility. (C)Content. An applicant shall submit an application on the form approved by the Director, which may be updated, from time to time, but in any event shall require the submission of all required fee(s), city business license(s), documents, information and any other materials necessary to allow the Director to make required findings and ensure that the proposed facility will comply with applicable federal and state law, this code and will not endanger the public health, safety or welfare. If no form has been approved, applications: (1) Must contain all information necessary to show that applicant is entitled to the wireless encroachment permit requested, including, but not limited to, the information and documents listed below: (a) Any information required pursuant to the wireless regulations; (b) The name of the applicant, his or her telephone number and contact information and if the applicant is a wireless infrastructure provider, the name and contact information for the wireless service provider that will be using the personal wireless services facility; (c) A complete description of the proposed wireless facility and the work that will be required to install or modify it, including, but not limited to, detail regarding proposed excavations, if any; detailed site plans showing the location of the wireless facility, and specifications for each element of the wireless facility, clearly describing the site and all structures and facilities at the site before and after installation or modification; and describing the distance to the nearest residential dwelling unit and any historical structure within 500 feet of the facility. Before and after 360-degree photosimulations must be provided; (d) Documentation sufficient to show that the proposed facility will comply with generally-applicable health and safety provisions of this code and the FCC’s radio frequency emissions standards; (e) A copy of the lease or other agreement between the applicant and the owner of the property to which the proposed facility will be attached; (f) If the application is for a small cell facility, the application shall state as such and shall explain why the proposed facility meets the definition of small cell facility in this chapter; (g) If the application is for an eligible facilities request, the application shall state as such and must contain information sufficient to show that the application qualifies as an eligible facilities request, which information must show that there is an existing wireless facility that was approved by the city. Before and after 360-degree photosimulations must be provided, as well as documentation sufficient to show that the proposed facility will comply with generally- applicable health and safety provisions of this code and Packet Page 1096 San Bernardino - Streets, Sidewalks and Public Places22 the FCC’s radio frequency emissions standards; (h) Proof that notice has been mailed to owners of all property owners, and the resident manager for any multi-family dwelling unit that includes ten or more units, within 500 feet of the proposed personal wireless services facility; (i) If applicant contends that denial of the application would prohibit or effectively prohibit the provision of service in violation of federal law, or otherwise violate applicable law, the application must provide all information on which the applicant relies on in support of that claim. Applicants are not permitted to supplement this showing if doing so would prevent city from complying with any deadline for action on an application; (j) The electronic version of an application must be in a standard format that can be easily uploaded on a web page for review by the public; and (k) Any required fees. (2) Must specify whether the applicant believes state or federal law requires action on the application within a specified time period. (D)Fees. Application fee(s) shall be required to be submitted with any application for a wireless encroachment permit. The Mayor and City Council are authorized to determine, or cause to be determined, the amount, type and other terms of such fee(s), from time to time, by means of resolution. Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to an applicant for a wireless encroachment permit unless paid as a refundable deposit. (E)Waivers. (1) Requests for waivers from any requirement of this section shall be made, in writing, to the Director, or his or her designee. The Director may grant or deny a request for a waiver pursuant to this division (E). The Director may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the city will be provided all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the permit sought. (2) All waivers approved pursuant to this division (E) shall be: (a) Granted only on a case-by-case basis; and (b) Narrowly-tailored to minimize deviation from the requirements of this code. (F)Incompleteness. For personal wireless facilities and eligible facilities requests, applications will be processed, and notices of incompleteness provided, in conformity with state, local and federal law. If such an application is incomplete, the Director may notify the applicant in writing, and specify the material omitted from the application. (Ord. MC-1560, passed 6-16-2021) § 12.05.070 FINDINGS; DECISIONS; CONSULTANTS. (A)Findings required for approval. (1) Except for eligible facilities requests, the Director or hearing officer, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, he or she finds the following: (a) The facility is not detrimental to the public health, safety and welfare; (b) The facility complies with this chapter and all applicable design and development standards; and (c) The facility meets applicable requirements and standards of state and federal law. (2) For eligible facilities requests, the Director or hearing officer, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, he or she finds the following: Packet Page 1097 Right-of-Way Permits - Wireless Facilities 23 (a) That the application qualifies as an eligible facilities request; and (b) That the proposed facility will comply with all generally-applicable laws. (B)Decisions. Decisions on an application by the Director or hearing officer shall be in writing and include the reasons for the decision. (C)Independent consultants. The Director or hearing officer, as the case may be, is authorized, in his or her discretion, to select and retain independent consultant(s) with expertise in telecommunications in connection with the review of any application under this chapter. Such independent consultant review may be retained on any issue that involves specialized or expert knowledge in connection with an application, including, but not limited to, application completeness or accuracy, structural engineering analysis or compliance with FCC radio frequency emissions standards. (Ord. MC-1560, passed 6-16-2021) § 12.05.080 CONDITIONS OF APPROVAL. (A)Generally. In addition to any supplemental conditions imposed by the Director or hearing officer, as the case may be, all permits granted pursuant to this chapter shall be subject to the following conditions, unless modified by the approving authority. (1)Code compliance. The permittee shall, at all times, maintain compliance with all applicable federal, state and local laws, regulations and other rules, including, without limitation, those applying to use of public rights-of-way. (2)Permit duration. A wireless encroachment permit shall be valid for a period of ten years, unless, pursuant to another provision of this code or these conditions, it expires sooner or is terminated. At the end of ten years from the date of issuance, such permit shall automatically expire, unless an extension or renewal has been granted. A person holding a wireless encroachment permit must either: (a) Remove the facility within 30 days following the permit’s expiration (provided that removal of support structure owned by the city, a utility or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the city); or (b) At least 90 days prior to expiration, submit an application to renew the permit, which application must, among all other requirements, demonstrate that the impact of the wireless facility cannot be reduced. The wireless facility must remain in place until it is acted upon by the city and all appeals from the city’s decision exhausted. (3)Timing of installation. The installation and construction authorized by a wireless encroachment permit shall begin within six months after its approval, or it will expire without further action by the city. The installation and construction authorized by a wireless encroachment permit shall conclude, including any necessary post-installation repairs and/or restoration to the ROW, within 30 days following the day construction commenced. (4)Commencement of operations. The operation of the approved facility shall commence no later than one month after the completion of installation, or the wireless encroachment permit will expire without further action by the city. (5)As-built drawings. The permittee shall submit an as-built drawing within 90 days after installation of the facility. As-builts shall be in an electronic format acceptable to the city. (6)Inspections; emergencies. The city, or its designee, may enter onto the facility area to inspect the facility upon 48 hours’ prior notice to the permittee. The permittee shall cooperate with all inspections and may be present for any inspection of its facility by the city. The city reserves the right to enter, or direct its designee to enter, the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. The city shall make an effort to contact the permittee prior to disabling or removing any facility elements, but in any Packet Page 1098 San Bernardino - Streets, Sidewalks and Public Places24 case shall notify permittee within 24 hours of doing so. (7)Contact. The permittee shall, at all times, maintain accurate contact information for all parties responsible for the facility, which shall include a 24-hour emergency phone number, street mailing address and e-mail address for at least one natural person. (8)Insurance. Permittee shall obtain and maintain throughout the term of the permit commercial general liability insurance with a limit of $2,000,000 per occurrence for bodily injury and property damage and $4,000,000 general aggregate, including premises operations, contractual liability, personal injury and products completed operations. The relevant policy(ies) shall name the city, its elected/appointed officials, commission members, officers, representatives, agents and employees as additional insureds. Permittee shall use its best efforts to provide [30 days’] prior notice to the city of to the cancellation or material modification of any applicable insurance policy. (9)Indemnities. (a) The permittee and, if applicable, the owner of the property upon which the wireless facility is installed shall defend, indemnify and hold harmless the city, its agents, officers, officials and employees: 1. From any and all damages, liabilities, injuries, losses, costs and expenses, and from any and all claims, demands, lawsuits, writs of mandamus and other actions or proceedings brought against the city or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the city’s approval of the permit; and 2. From any and all damages, liabilities, injuries, losses, costs and expenses, and any and all claims, demands, lawsuits or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the property owner or any of each one’s agents, employees, licensees, contractors, subcontractors or independent contractors. (b) In the event the city becomes aware of any such actions or claims, the city shall promptly notify the permittee and, if applicable, the property owner and shall reasonably cooperate in the defense. The city shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the city’s defense and the property owner and/or permittee (as applicable) shall reimburse city for any costs and expenses directly and necessarily incurred by the city in the course of the defense. (10)Adverse impacts on adjacent properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility. (11)Non-interference. Permittee shall not move, alter, temporarily relocate, change or interfere with any existing structure, improvement or property without the prior consent of the owner of that structure, city improvement or property. No structure, improvement or property owned by the city shall be moved to accommodate a permitted activity or encroachment, unless the city determines that such movement will not adversely affect the city or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the city’s structure, improvement or property. Prior to commencement of any work pursuant to a wireless encroachment permit, the permittee shall provide the city with documentation establishing to the city’s satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement or property within the public right-of-way or city utility easement to be affected by permittee’s facilities. (12)No right, title or interest. The permission granted by a wireless encroachment permit shall not in any event constitute an easement on or an encumbrance against the public right-of-way. No right, title or interest (including franchise interest) in the public right-of-way, or any part thereof, shall vest or accrue in permittee by reason of a wireless encroachment permit or the issuance of any other Packet Page 1099 Right-of-Way Permits - Wireless Facilities 25 permit or exercise of any privilege given thereby. (13)No possessory interest. No possessory interest is created by a wireless encroachment permit. However, to the extent that a possessory interest is deemed created by a governmental entity with taxation authority, the permittee acknowledges that the city has given, to the permittee, notice, pursuant to Cal. Revenue and Taxation Code, § 107.6, that the use or occupancy of any public property, pursuant to a wireless encroachment permit, may create a possessory interest which may be subject to the payment of property taxes levied upon such interest. Permittee shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interact taxes or other taxes, fees and assessments levied against permittee’s right to possession, occupancy or use of any public property pursuant to any right of possession, occupancy or use created by this permit. (14)General maintenance. The site and the facility, including, but not limited to, all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans. All graffiti on facilities must be removed at the sole expense of the permittee within 48 hours after notification from the city. (15)RF exposure compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the facility, permittee or its representative must conduct on-site post installation RF emissions testing to demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety rules for general population/uncontrolled RF exposure in all sectors. For this testing, the transmitter shall be operating at maximum operating power, and the testing shall occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general population limit. (16)Testing. Testing of any equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days. (17)Modifications. No changes shall be made to the approved plans without review and approval in accordance with this chapter. (18)Agreement with city. If not already completed, permittee shall enter into the appropriate agreement with the city, as determined by the city, prior to constructing, attaching or operating a facility on municipal infrastructure. This permit is not a substitute for such agreement. (19)Conflicts with improvements. For all facilities located within the ROW, the permittee shall remove or relocate, at its expense and without expense to the city, any or all of its facilities when such removal or relocation is deemed necessary by the city by reason of any change of grade, alignment or width of any right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic-control devices, right-of-way improvements or for any other construction, repair or improvement to the right-of-way. (20)Abandonment. (a) If a facility is not operated for a continuous period of six months, the wireless encroachment permit and any other permit or approval therefor shall be deemed abandoned and terminated automatically, unless before the end of the six-month period: 1. The Director has determined that the facility has resumed operations; or 2. The city has received an application to transfer the permit to another service provider. (b) No later than 90 days from the date the facility is determined to have ceased operation or the permittee has notified the Director of its intent to vacate the site, the permittee shall remove all equipment and improvements associated with the use and shall restore the site to its original condition to the Packet Page 1100 San Bernardino - Streets, Sidewalks and Public Places26 satisfaction of the Director. The permittee shall provide written verification of the removal of the facilities within 30 days of the date the removal is completed. If the facility is not removed within 30 days after the permit has been discontinued pursuant to this division (A)(20), the site shall be deemed to be a nuisance, and the city may cause the facility to be removed at permittee’s expense or by calling any bond or other financial assurance to pay for removal. If there are two or more users of a single facility or support structure, then this provision shall apply to the specific elements or parts thereof that were abandoned, but will not be effective for the entirety thereof until all users cease use thereof. (21)Encourage co-location. Where the facility site is capable of accommodating a co-located facility upon the same site in a manner consistent with the permit conditions for the existing facility, the owner and operator of the existing facility shall allow co-location of third party facilities; provided the parties can mutually agree upon reasonable terms and conditions. (22)Records. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the facility, which includes, without limitation, this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition or fails to produce true and complete copies of such records within a reasonable time after a written request from the city, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee. (23)Attorneys’ fees. In the event the city determines that it is necessary to take legal action to enforce any of these conditions, or to revoke a permit, and such legal action is taken, the permittee shall be required to pay any and all costs of such legal action, including reasonable attorneys’ fees, incurred by the city, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the city should otherwise agree with permittee to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails in the enforcement proceeding. (B)Eligible facilities requests. In addition to the conditions provided in Section 9(a) of this Chapter and any supplemental conditions imposed by the Director or hearing officer, as the case may be, all permits for an eligible facility requests granted pursuant to this chapter shall be subject to the following additional conditions, unless modified by the approving authority. (1)Permit subject to conditions of underlying permit. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit. (2)No permit term extension. The city’s grant or grant by operation of law of an eligible facilities request permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the city’s grant or grant by operation of law of a eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower, utility pole or base station. (3)No waiver of standing. The city’s grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the city to challenge § 6409(a) of the Spectrum Act, any FCC rules that interpret § 6409(a) of the Spectrum Act or any modification to § 6409(a) of the Spectrum Act. (C)Small cell facilities requests. In addition to the conditions provided in Section 9(a) of this Chapter and any supplemental conditions imposed by the Director or hearing officer, as the case may be, all permits for a small cell facility granted pursuant to this chapter shall be subject to the following condition, unless modified by the approving authority: the city’s grant of a permit for a small cell facility request does Packet Page 1101 Right-of-Way Permits - Wireless Facilities 27 not waive, and shall not be construed to waive, any standing by the city to challenge any FCC orders or rules related to small cell facilities, or any modification to those FCC orders or rules. (Ord. MC-1560, passed 6-16-2021) Statutory reference: Spectrum Act of 2012, § 6409(a), see 47 U.S.C. § 1455(a) § 12.05.090 BREACH; TERMINATION OF PERMIT. (A)For breach. A wireless encroachment permit may be revoked for failure to comply with the conditions of the permit or applicable law. Upon revocation, the wireless facility must be removed; provided that removal of a support structure owned by city, a utility or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the city. All costs incurred by the city in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless facility. (B)For installation without a permit. A wireless facility installed without a wireless encroachment permit (except for those exempted by this chapter) must be removed; provided that removal of support structure owned by the city, a utility or another entity authorized to maintain a support structure in the right of way need not be removed, but must be restored to its prior condition, except as specifically permitted by the city. All costs incurred by the city in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless facility. (C)Municipal infraction. Any violation of this chapter will be subject to the same penalties as a violation of Chapter 1.12. (Ord. MC-1560, passed 6-16-2021) § 12.05.100 INFRASTRUCTURE CONTROLLED BY CITY. The city, as a matter of policy, will negotiate agreements for use of municipal infrastructure. The placement of wireless facilities on those structures shall be subject to the agreement. The agreement shall specify the compensation to the city for use of the structures. The person seeking the agreement shall additionally reimburse the city for all costs the city incurs in connection with its review of, and action upon the person’s request for, an agreement. § 12.05.110 NON-DISCRIMINATION. In establishing the rights, obligations and conditions set forth in this chapter, it is the intent of the city to treat each applicant or public right-of-way user in a competitively neutral and non-discriminatory manner, to the extent required by law, and with considerations that may be unique to the technologies, situation and legal status of each particular applicant or request for use of the public rights-of-way. (Ord. MC-1560, passed 6-16-2021) Packet Page 1102 San Bernardino - Streets, Sidewalks and Public Places28 Packet Page 1103 CHAPTER 12.08: RESERVED (Repealed by Ord. MC-1004, passed 10-21-1997) 29 Packet Page 1104 San Bernardino - Streets, Sidewalks and Public Places30 Packet Page 1105 CHAPTER 12.12: TELEGRAPH AND TELEPHONE POLES - UNDERGROUND UTILITIES Section 12.12.010 Removal from streets and placement underground required 12.12.020 Use of insulated conduits required 12.12.030 Applicable districts 12.12.040 Erection of poles - no permits issued 12.12.050 Violation - penalty Cross-reference: For provisions on underground utilities, see Chapter 13.36 Statutory reference: For provisions on conversion of utilities facilities to underground locations, see Cal. Streets and Highways Code, §§ 5896.1 et seq. and Cal. Gov’t Code, § 38793 § 12.12.010 REMOVAL FROM STREETS AND PLACEMENT UNDERGROUND REQUIRED. All poles heretofore erected for telephone, telegraph or other wires (except electric light, power and trolley wires), or for carrying or conducting wires for the purpose of conducting or transmitting telephonic or telegraphic messages, sounds or signals by electricity, within the district described in § 12.12.030, shall, on or before June 1, 1907, be removed from the public streets of the city, within the district described, and the keeping or maintaining thereafter in the public streets within said district of any pole or poles for telephone, telegraph or other purpose (except for electric light, power or trolley wire), or any wire or wires upon or above the surface of the ground, for the purpose of conducting, carrying or transmitting telephonic or telegraphic sounds, messages or signals, shall be deemed guilty of a misdemeanor. (Ord. 335, passed 10-10-1906) § 12.12.020 USE OF INSULATED CONDUITS REQUIRED. All telephone, telegraph or other wires used for the purpose of conducting, carrying or transmitting telephonic or telegraphic messages, sounds or signals, along or over the public streets of the city within that portion of the city described in § 1.12.030 shall, on or before June 1, 1907, be removed and placed underground in properly insulated conduits constructed and built under the supervision of the Director of Development Services of the city, and to the satisfaction of the Mayor and CommonCity Council. [Text continues on following page.] 31 Packet Page 1106 San Bernardino - Streets, Sidewalks and Public Places32 Packet Page 1107 Telegraph and Telephone Poles - Underground Utilities 33 (Ord. 335, passed 10-10-1906; Ord. MC-344, passed 2-22-1984; Ord. MC-1027, passed 9-9-1998) Packet Page 1108 San Bernardino - Streets, Sidewalks and Public Places34 § 12.12.030 APPLICABLE DISTRICTS. The portion or district of the city, which is affected by the provisions of this chapter and referred to in §§ 12.12.010 and 12.12.020, is particularly described as follows: commencing at the southeast corner of Lot Seven of Block 14 of the city; thence north along the east line of said Block 14 and along the east line of Block 19 to the northeast corner of said Block 19; thence west along the north lines of said Block 19, 20 and 21 to a point 50 feet west of the northeast corner of Lot Seven of said Block 21; thence south to a point 50 feet west of the northeast corner of Lot Two of said Block 21; thence west to the northwest corner of said Lot Four of said Block 21; thence south along the west line of said Lot Four to a point midway between the north and south lines of said Lot Four; thence west across “F” Street and along the north lines of Lots One and Two of Block 22 to the northwest corner of Lot Two of said Block 22; thence south to a point in the west line of Lot Five of Block 11 midway between the north and south lines of said Lot Five; thence east to the southwest corner of Lot Five of Block 12; thence south to the southwest corner of Lot Four of said Block 12; thence east to the point of beginning, all according to the official map of said city of record in the office of the County Recorder in Book 7 of Maps, Page 1. (Ord. 335, passed 10-10-1906) § 12.12.040 ERECTION OF POLES - NO PERMITS ISSUED. The Director of Development Services of the city is directed to issue no permits for the erection of poles for telephone or telegraph wires within the district described in § 12.12.030 and to prevent the erection within said district of any more poles to be used for carrying or supporting of wire for the conducting or transmitting of electric messages, sounds or signals. (Ord. 335, passed 10-10-1906; Ord. MC-344, passed 2-22-1984; Ord. MC-1027, passed 9-9-1998) § 12.12.050 VIOLATION - PENALTY. Any person, firm or corporation who violates any provision of this chapter, or fails to comply with the conditions of this chapter, is guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 335, passed 10-10-1906; Ord. MC-460, passed 5-15-1985) Packet Page 1109 CHAPTER 12.16: DATUM PLANE Section 12.16.010 Established 12.16.020 Addition to official grades § 12.16.010 ESTABLISHED. The official datum for all leveling for the city is established as the sea level datum of 1929. (Ord. 2040, passed 8-3-1954) § 12.16.020 ADDITION TO OFFICIAL GRADES. There shall be added to all official grades established prior to August 2, 1954, by the City Engineer and adopted by the Mayor and CommonCity Council, seventy-hundredths feet, which vertical distance shall be considered as the adjustment between the official datum plane established by Ord. 3832, and the sea level datum of 1929. (Ord. 2040, passed 8-3-1954) Editor’s note: Ord. 383 was repealed by Ord. 2040, passed 8-3-1954. 35 Packet Page 1110 San Bernardino - Streets, Sidewalks and Public Places36 Packet Page 1111 CHAPTER 12.20: PUBLIC PROJECTS Section 12.20.010 Adoption of state statutes 12.20.020 Applicable definitions 12.20.030 Bids; expenditure requiring; notice § 12.20.010 ADOPTION OF STATE STATUTES. Cal. Public Contract Code, §§ 20161, 20163, 20164, 20166 and 20168 are adopted as laws governing the city, and such sections shall take effect and be in force within the city except as set forth in this chapter; provided that any public project shall be exempted under this chapter if the Mayor and CommonCity Council or the Board of Water Commissioners determine that the work on such public project can be performed by day labor or city forces. (Ord. 821, passed 8-9-1921; Ord. 3275, passed 7-14-1972; Ord. MC-484, passed 11-20-1985) § 12.20.020 APPLICABLE DEFINITIONS. (A) As used in Cal. Public Contract Code, § 20161, the phrase PUBLIC PROJECT shall not mean the repair or maintenance of public projects. (B) The phrase REPAIR OR MAINTENANCE, as used in this chapter, is defined to mean only those items constituting rehabilitation to original condition, or, as applied to streets: (1) The reworking of the existing street surface by the application of one and one-half inch or less overlay, except that 25% of the project may be of a greater thickness to provide a leveling course; and (2) The repair or replacement of existing signs, signals, safety devices, guard rails, seal coats, culverts, curbs, gutters, sidewalks, driveways and similar items. (Ord. 821, passed 8-9-1921; Ord. 3224, passed 1-4-1972; Ord. MC-484, passed 11-20-1985) § 12.20.030 BIDS; EXPENDITURE REQUIRING; NOTICE. When the expenditure required for a public project exceeds $5,000, it shall be contracted for and let to the lowest responsible bidder after notice. (Ord. 821, passed 8-9-1921; Ord. MC-484, passed 11-20-1985) 37 Packet Page 1112 San Bernardino - Streets, Sidewalks and Public Places38 Packet Page 1113 CHAPTER 12.21: DESIGN-BUILD Section 12.21.010 Purpose and intent 12.21.020 Definitions 12.21.030 Design-build procurement authorized 12.21.040 Procurement process 12.21.050 Bonds and insurance 12.21.060 Subcontractors 12.21.070 Other rights and remedies § 12.21.010 PURPOSE AND INTENT. The purpose of this chapter is to provide definitions and guidelines for the award, use and evaluation of design-build contracts. (Ord. MC-1423, passed 7-5-2016) § 12.21.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BEST VALUE. A value determined by evaluation of objective criteria that may include, but not be limited to, price, features, functions, life-cycle costs, experience and past performance. A BEST VALUE determination may involve the selection of the lowest cost proposal meeting the interests of the city and meeting the objectives of the project, selection of the best proposal for a stipulated sum established by the city or a tradeoff between price and other specified factors. CITY. The City of San Bernardino. CONSTRUCTION SUBCONTRACT. Each subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the State of California that, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team. DESIGN-BUILD. A project delivery process in which both the design and construction of a project are procured from a single entity. DESIGN-BUILD ENTITY. A corporation, limited liability company, partnership, joint venture or other legal entity that is able to provide appropriately licensed contracting, architectural and engineering services as needed pursuant to a design-build contract. DESIGN-BUILD TEAM. The design-build entity itself and the individuals and other entities identified by the design-build entity as members of its team. Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical and plumbing contractors. PROCUREMENT AGENT. The City Manager, the General Manager of the San BernardinoCity Municipal Water Department or the designee of either the City Manager or General Manager. 39 Packet Page 1114 San Bernardino - Streets, Sidewalks and Public Places40 PUBLIC WORKS PROJECT. Any city project requiring design and construction services. (Ord. MC-1423, passed 7-5-2016) § 12.21.030 DESIGN-BUILD PROCUREMENT AUTHORIZED. Pursuant to § 140 of the City Charter, and notwithstanding any provision to the contrary in the California Public Contracts Code or in any other ordinance or procedure of the city, the use of design-build procurement is authorized for any public works project, including, but not limited to, any public works project undertaken by the San BernardinoCity Municipal Water Department, no matter the amount. The city, with approval of the Mayor and CommonCity Council, or for public works projects undertaken by San BernardinoCity Municipal Water Department, the approval of the Board of Water Commissioners may award a public works project contract to the low bid or the best value. Any code, ordinance or procedure in conflict with the foregoing authorization is specifically superseded. (Ord. MC-1423, passed 7-5-2016) § 12.21.040 PROCUREMENT PROCESS. (A) The procurement agent shall prepare a set of documents setting forth the scope and estimated price of the public works project. The documents may include, but need not be limited to, the size, type and desired design character of the public works project; performance specifications covering the quality of materials, equipment, workmanship, preliminary plans or building layouts; or any other information deemed necessary to describe adequately the city’s needs. The performance specifications and any plans shall be prepared by a design professional who is duly licensed and registered in the state. (B) (1) The procurement agent shall prepare and issue a request for qualifications in order to pre-qualify or short-list the design-build entities whose proposals shall be evaluated for final selection. (2) The request for qualifications shall include, but need not be limited to, the following elements: (a) Identification of the basic scope and needs of the public works project or contract, the expected cost range, the methodology that will be used by the city to evaluate proposals, the procedure for final selection of the design-build entity and any other information deemed necessary by the city to inform interested parties of the contracting opportunity; (b) Significant factors that the city reasonably expects to consider in evaluating qualifications, including technical design and construction expertise, acceptable safety record and all other non-price-related factors; (c) 1. A standard template request for statements of qualifications prepared by the city. In preparing the standard template, the city may consult with the construction industry, the building trades and surety industry and other cities using design-build procurement. 2. The template shall require the following information: a. If the design-build entity is a privately held corporation, limited liability company, partnership or joint venture, a listing of all of the shareholders, partners or members known at the time of statement of qualification submission who will perform work on the public works project; b. Evidence that the members of the design-build team have completed, or demonstrated the experience, competency, capability and capacity to complete projects of similar size, scope or complexity, and that proposed key personnel have sufficient experience and training to competently Packet Page 1115 Design-Build 41 manage and complete the design and construction of the public works project, and a financial statement that ensures that the design-build entity has the capacity to complete the public works project; c. The licenses, registration and credentials required to design and construct the public works project, including, but not limited to, information on the revocation or suspension of any license, credential or registration; d. Evidence that establishes that the design-build entity has the capacity to obtain all required payment and performance bonding, liability insurance and errors and omissions insurance; e. Information concerning workers’ compensation experience history and a worker safety program; f. If the proposed design-build entity is a corporation, limited liability company, partnership, joint venture or other legal entity, a copy of the organizational documents or agreement committing to form the organization; and g. An acceptable safety record. A proposer’s safety record shall be deemed acceptable if its experience modification rate for the most recent three-year period is an average of 1.00 or less, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period does not exceed the applicable statistical standards for its business category or if the proposer is a party to an alternative dispute resolution system as provided for in the Cal. Labor Code, § 3201.5. (d) 1. The information required under this section shall be certified under penalty of perjury by the design-build entity and its general partners or joint venture members. 2. Information required under this section that is not otherwise a public record under the California Public Records Act (Cal. Gov’t Code, Title 1, Division 7, (Chapter 3.510, Part 2, Chapter 1, commencing with § 62507921.000)) shall not be open to public inspection. (C) (1) Based on the documents prepared as described in division (A) above, the procurement agent shall prepare a request for proposals that invites pre- qualified or short-listed entities to submit competitive sealed proposals in the manner prescribed by the city. (2) The request for proposals shall include, but need not be limited to, the following elements: (a) Identification of the basic scope and needs of the public works project or contract, the estimated cost of the public works project, the methodology that will be used by the city to evaluate proposals, whether the contract will be awarded on the basis of low bid or best value and any other information deemed necessary by the city to inform interested parties of the contracting opportunity; (b) Significant factors that the city reasonably expects to consider in evaluating proposals, including, but not limited to, cost or price and all non- price-related factors; (c) The relative importance or the weight assigned to each of the factors identified in the request for proposals; and (d) Where a best value selection method is used, the city may reserve the right to request proposal revisions and hold discussions and negotiations with responsive proposers, in which case the city shall so specify in the request for proposals and shall publish separately or incorporate into the request for proposals applicable procedures to be observed by the city to ensure that any discussions or negotiations are conducted in good faith. (D) For those public works projects utilizing low bid as the final selection method, the competitive bidding process shall result in lump-sum bids by the pre-qualified or short-listed design-build entities, and awards shall be made by the Mayor and CommonCity Council or, for public works projects undertaken by the San BernardinoCity Municipal Water Department, the Board of Water Commissioners, to the design- build entity that is the lowest responsible bidder. Packet Page 1116 San Bernardino - Streets, Sidewalks and Public Places42 (E) For those public works projects utilizing best value as a selection method, the design-build competition shall progress as follows. (1) Competitive proposals shall be evaluated by using only the criteria and selection procedures specifically identified in the request for proposals. The following minimum factors, however, shall be weighted as deemed appropriate by the procurement agent: (a) Price, unless a stipulated sum is specified; (b) Technical design and construction expertise; and (c) Life-cycle costs over 15 or more years. (2) Pursuant to division (C) above, the city may hold discussions or negotiations with responsive proposers using the process articulated in the city’s request for proposals. (3) When the evaluation is complete, the responsive proposers shall be ranked based on a determination of value provided; provided that no more than three proposers are required to be ranked. (4) The award of the contract shall be made to the responsible design-build entity whose proposal is determined by the Mayor and CommonCity Council, or for public works projects undertaken by the San BernardinoCity Municipal Water Department, the Board of Water Commissioners, to have offered the best value to the public. (5) Notwithstanding any other provision of this code, upon issuance of a contract award, the city shall publicly announce its award, identifying the design-build entity to which the award is made, along with a statement regarding the basis of the award. (6) The statement regarding the city’s contract award, described in division (E)(5) above, and the contract file shall provide sufficient information to satisfy an external audit. (Ord. MC-1423, passed 7-5-2016) Editor’s note: Financial information submitted for bids is discloseable, except that some corporate financial information may be protected under Cal. Gov’t Code, §§ 7927.500, 7928.705, 7927.705, 7927.605 and 7922.000 (formerly Cal. Gov’t Code, §§ 6254(a), (h) and (k); 6254.15; and 6255). § 12.21.050 BONDS AND INSURANCE. (A) The design-build entity shall provide payment and performance bonds for the public works project in the form and in the amount required by the city, and issued by a state admitted surety. The amount of the payment bond shall not be less than the amount of the performance bond. (B) The design-build contract shall require errors and omissions insurance coverage for the design elements of the public works project. (C) The procurement agent shall develop a standard form of payment and performance bond for its design-build public works projects. (Ord. MC-1423, passed 7-5-2016) § 12.21.060 SUBCONTRACTORS. (A) The procurement agent, in each design-build request for proposals, may identify specific types of subcontractors that must be included in the design-build entity statement of qualifications and proposal. (B) Following award of the design-build contract, the design-build entity shall proceed as follows in awarding construction subcontracts with a value exceeding 0.5% of the contract price allocable to construction work: (1) Provide public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive Packet Page 1117 Design-Build 43 bidding process of the city, including a fixed date and time on which qualifications statements, bids or proposals will be due; (2) Establish reasonable qualification criteria and standards; and (3) Award the subcontract either on a best value basis or to the lowest responsible bidder. The process may include pre-qualification or short-listing. The foregoing process does not apply to construction subcontractors listed in the original proposal. (Ord. MC-1423, passed 7-5-2016) § 12.21.070 OTHER RIGHTS AND REMEDIES. Nothing in this chapter affects, expands, alters or limits any rights or remedies otherwise available at law, including, but not limited to, the ability of the Mayor and CommonCity Council, or for public works projects undertaken by the San BernardinoCity Municipal Water Department, the Board of Water Commissioners, to reject all bids pursuant to the authority granted by § 238 of the City Charter. (Ord. MC-1423, passed 7-5-2016) Packet Page 1118 San Bernardino - Streets, Sidewalks and Public Places44 Packet Page 1119 CHAPTER 12.24: PUBLIC WORKS CONTRACTS Section 12.24.010 Bond required 12.24.020 Compliance with state statute 12.24.030 Prevailing wages § 12.24.010 BOND REQUIRED. Each contractor shall execute and file with the city a good and sufficient surety company bond for labor and materials in the sum of not less than one-half of the total amount payable by the terms of the contract for any public works; provided that the amount exceeds $2,000 at the time of execution of the contract. (Ord. 2386, passed 9-5-1961) § 12.24.020 COMPLIANCE WITH STATE STATUTE. The provisions of such bond as required in § 12.24.010 shall be in accordance with the provisions of the general law set forth in the Cal. Gov’t Code, Title 1, Division 56, Chapter 310.5, as now in effect and as hereafter amended unless otherwise provided by ordinance. (Ord. 2386, passed 9-5-1961) § 12.24.030 PREVAILING WAGES. Under and pursuant to the Cal. Labor Code, § 1770, the Director of Industrial Relations determines the general prevailing rate of per diem wages in the city for each craft or type of worker or mechanic. Such rates shall be applicable to any public works contract, as such term is defined under the Cal. Labor Code, §§ 1720 et seq., of the city. (Ord. MC-1425, passed 7-18-2016) 45 Packet Page 1120 San Bernardino - Streets, Sidewalks and Public Places46 Packet Page 1121 CHAPTER 12.28: IMPROVEMENTS Section 12.28.010 Procedure authorized 12.28.020 Public hearing 12.28.030 Combined hearing authorized 12.28.040 Combined notices authorized 12.28.050 Hearing - decisions - effect 12.28.060 Permit required 12.28.070 Written application required 12.28.080 Fees required 12.28.090 Plan fees 12.28.100 Regulations 12.28.110 Violation of sections 12.28.060 through 12.28.100 - penalty Statutory reference: For the Improvement Act of 1911, see Cal. Streets and Highways Code, §§ 5000 et seq. § 12.28.010 PROCEDURE AUTHORIZED. (A) Before the Mayor and CommonCity Council adopt any resolution or ordinance ordering the construction of any improvement or the acquisition of any property for public use, or both, herein referred to as “improvement,” where the cost thereof is to be paid in whole or in part by special assessment taxes upon lands, a public hearing may be held and a finding and determination made by the Mayor and CommonCity Council as provided herein that the public convenience and necessity require the same. (B) If such procedure is not so followed and if such finding and determination is not made pursuant thereto, the requirements otherwise prescribed by Cal. Streets and Highways Code, Division 4, and Article XIII, § 1724 of the California Constitution shall be complied with before any such resolution or ordinance may be adopted. (Ord. 2063, passed 5-17-1955) § 12.28.020 PUBLIC HEARING. The Mayor and CommonCity Council may hold a public hearing to find and determine whether the public convenience and necessity require any such improvement. Reference may be made to one or more plans, profiles, specifications, maps or plats for the description of the improvement and all particulars relative thereto, which plans, profiles, specifications, maps or plats shall be on file with the City Clerk or the City Engineer and open to inspection. (Ord. 2063, passed 5-17-1955) § 12.28.030 COMBINED HEARING AUTHORIZED. The hearing required by this chapter may be a separate hearing or may be combined and held concurrently with the hearing required by the Improvement Act, pursuant to which the improvement proceeding is proposed. (Ord. 2063, passed 5-17-1955) Statutory reference: Improvement Act of 1911, see Cal. Streets and Highways Code, §§ 5000 et seq. § 12.28.040 COMBINED NOTICES AUTHORIZED. Whether the hearing is held separate, or combined 47 Packet Page 1122 San Bernardino - Streets, Sidewalks and Public Places48 and held concurrently with the hearing required by the Improvement Act, pursuant to which the improvement proceeding is proposed, notice shall be given by posting and publication in the manner prescribed by the Improvement Act involved, and if the hearings are combined or held concurrently, such notice may be combined with the notice of hearing given under the Improvement Act under which the improvement proceeding is proposed. (Ord. 2063, passed 5-17-1955) § 12.28.050 HEARING - DECISIONS - EFFECT. (A) The hearing may be continued from time to time. After the conclusion thereof and prior to adoption of a resolution or ordinance ordering the improvement, the Mayor and CommonCity Council shall consider and pass upon all protests filed and all matters presented, and their decision thereon shall be final and conclusive. (B) If, by such decision, the Mayor and CommonCity Council find and determine by no less than a four-fifths vote of all members thereof that the public convenience and necessity require such improvement, the Mayor and CommonCity Council may thereafter, in accordance with the Improvement Act specified or designated for the project, adopt a resolution or ordinance ordering the improvement substantially as proposed, or as modified, altered or changed by order of the Mayor and CommonCity Council as authorized by the improvement act for the project. (C) After such finding and determination by the Mayor and CommonCity Council, the provisions of law for debt limitation and majority protest, as mentioned in Article XIII, § 1724 of the California Constitution, shall not apply. (Ord. 2063, passed 5-17-1955) § 12.28.060 PERMIT REQUIRED. It is unlawful for any person, firm or corporation to grade, prepare, subgrade, pave, lay sewer or drain pipe, construct curbs, gutters, driveways, sidewalks, manholes, catch basins, retaining walls, traffic signals, street lighting systems or similar structures in any street, alley or way, which street, alley or way is dedicated or proposed to be dedicated for public use, within the city, without first obtaining a written permit from the city to do so. No such permit shall be issued for use of quarry tile or ceramic tile for such improvements, but permission may be granted for use of patterned concrete in such sidewalks, street medians and parkways. The Director of Development Services may establish a standard color for patterned concrete to be placed in sidewalks, street medians and parkways on public developments, but the developer shall have the right to choose the color if the improvements are being made by a private developer. (Ord. 1963, passed 11-18-1952; Ord. 2519, passed 8-20-1963; Ord. 3918, passed 2-25-1980; Ord. MC-320, passed 12-6-1983; Ord. MC-460, passed 5-15-1985; Ord. MC-1027, passed 9-9-1998) § 12.28.070 WRITTEN APPLICATION REQUIRED. Any person, firm or corporation desiring a permit under this chapter shall present a written application therefor to the City Engineer, setting forth the name and address of the applicant; details concerning the location, nature and extent of construction intended to be made; and the purpose for which the construction is to be made and used. (Ord. 1963, passed 11-18-1952) § 12.28.080 FEES REQUIRED. For construction, repair and alteration of sidewalks, curbs, gutters, driveways, subgrades and pavements, manholes, catch basins, retaining walls, traffic signals, street lighting systems and other structures, and for excavating, laying and backfilling sewers and drainage pipe lines, concerning which specifications, lines and grades therefor shall be determined by the City Engineer, charges for inspections and construction staking shall be based Packet Page 1123 Improvements 49 upon a schedule of fees fixed by resolution duly adopted by the Mayor and CommonCity Council after the conclusion of a public hearing relating thereto. (Ord. 1963, passed 11-18-1952; Ord. 3432, passed 6-17-1974; Ord. 3918, passed 2-25-1980) § 12.28.090 PLAN FEES. Charges shall be made by the City Engineer and paid by the applicant for checking improvement plans relating to street projects, except as otherwise provided in Title 18, based upon a schedule of fees fixed by resolution duly adopted by the Mayor and CommonCity Council after the conclusion of a public hearing relating thereto. (Ord. 1963, passed 11-18-1952; Ord. 3432, passed 6-17-1974) § 12.28.100 REGULATIONS. (A) It is unlawful for any person, firm or corporation performing work under this chapter to fail, neglect or refuse to remove all unused materials and debris within three days after completion of the work. (B) The materials used in the construction work may be stored on adjacent public property during the course of construction; provided that the same are so placed and safeguarded by lights, warning signs and barricades, as not to constitute a hazard to public peace and safety. (C) No driveway approach shall cross over a lot line as extended without the consent of the City Engineer. (D) Raw materials and workmanship for work provided under this chapter shall conform to applicable provisions of standard specifications on file in the office of the City Engineer. (E) Any person, firm or corporation doing work under this chapter shall cause all such work to be inspected by the City Engineer’s office, and shall notify said Department 24 hours before the time set for inspection. Work completed without such notice or request for inspection will not be accepted, and work done during the absence of said inspector may not be accepted by the city. All work to be performed under this chapter shall be to the satisfaction of the city and in accordance with laws of the city and state and under the supervision of the City Engineer, or his or her authorized inspector. (Ord. 1963, passed 11-18-1952; Ord. MC-460, passed 5-15-1985) § 12.28.110 VIOLATION OF SECTIONS 12.28.060 THROUGH 12.28.100 - PENALTY. (A)Civil penalties. Any person, firm or corporation doing work for which a permit is required under this chapter, without having first obtained such permit, shall be required to pay fees for all such work in an amount twice the amount fixed by resolution for such work. (B)Criminal penalties. Any person, firm or corporation violating any provision of §§ 12.28.060 through 12.28.100 is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 1963, passed 11-18-1952; Ord. 3774, passed 11-9-1978; Ord. MC-460, passed 5-15-1985) Packet Page 1124 San Bernardino - Streets, Sidewalks and Public Places50 Packet Page 1125 CHAPTER 12.30: SIGHT DISTANCE REQUIREMENT Section 12.30.010 Definitions 12.30.020 Provision of sight distance 12.30.030 Obstructions 12.30.040 Existing obstructions 12.30.050 Street trees 12.30.060 Violation - penalty § 12.30.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DIRECTOR OF DEVELOPMENT SERVICES. Any authorized representative of said Director. SIGHT RESTRICTION. Any obstruction to a driver’s line of sight. SIGHT TRIANGLE. The area in which no sight restrictions are allowed. TRAFFIC ENGINEER. Any authorized representative of the City’s Traffic Engineer. (Ord. MC-783, passed 5-6-1991; Ord. MC-1027, passed 9-9-1998) § 12.30.020 PROVISION OF SIGHT DISTANCE. Sufficient sight distance shall be provided at all intersections to allow approaching vehicles to stop before colliding with a vehicle on an intersecting street. No obstructions that create a sight restriction shall be permitted within the clear sight triangle, as shown on the “Standard Drawing(s) for Sight Distance Requirements” incorporated into the Traffic Policy Paper promulgated, from time to time, by the Department of Development Services and on file with the City Clerk. (Ord. MC-783, passed 5-6-1991; Ord. MC-1027, passed 9-9-1998) § 12.30.030 OBSTRUCTIONS. Obstructions shall include any object extending more than two and one-half feet above the pavement, at the curb lines of the intersecting streets, such as trees, shrubs, fences, walls, newspaper racks, utility facilities, bus shelters and the like. Trees, trimmed to a minimum height of eight feet above ground; traffic signals; and street light poles shall not be considered as obstructions, unless a finding is made by the Traffic Engineer that they constitute a sight restriction based on the size, trunk diameter, number in a small area or number in a row. Legally parked motor vehicles shall not constitute an obstruction. (Ord. MC-783, passed 5-6-1991) § 12.30.040 EXISTING OBSTRUCTIONS. This chapter shall not apply to conditions existing on the effective date of this chapter, but as pre-existing corner sight obstructions are discovered, which may affect the health and safety of residents of the city, the provisions of this chapter may be looked to as guidelines as to how such sight obstructions may be remedied. (Ord. MC-783, passed 5-6-1991) § 12.30.050 STREET TREES. Removal of street trees shall be in accordance with Chapter 12.40. (Ord. MC-783, passed 5-6-1991) 51 Packet Page 1126 San Bernardino - Streets, Sidewalks and Public Places52 § 12.30.060 VIOLATION - PENALTY. Any person violating any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. MC-783, passed 5-6-1991) Packet Page 1127 CHAPTER 12.32: HOUSE NUMBERS Section 12.32.010 Adoption of numbering system 12.32.020 Assignment of address numbers 12.32.030 Requirement for number 12.32.040 Violations of sections 12.32.010 through 12.32.030 - penalty 12.32.050 Curb house number business license required 12.32.060 Size and color of house numbers 12.32.070 Violation of sections 12.32.050 through 12.32.060 § 12.32.010 ADOPTION OF NUMBERING SYSTEM. The following system for the numbering of the buildings in the city is adopted: commencing at First, on A, B, C, D, E, F, G, H, I and such other streets as may exist, or may hereafter be established running in the same direction as said A, B, C, D, E, F, G, H, I Streets, with the number 100, and number north to the north boundary line of said city, allowing 100 numbers to each block of 600 feet, exclusive of street intersections; and commencing at A Street, on 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th and such other streets as exist or may hereafter be established running in the same direction as said last named streets with the number 100 and number west to the west boundary line of said city, allowing 100 numbers to each block of 600 feet, exclusive of street intersections, and commencing at 1st Street, on A, B, C, D, E, F, G, H, I and such other streets as may exist, or may hereafter be established running in the same direction as said last named streets, with the number 100, and number south to the south boundary line of said city, allowing 100 numbers to each block of 600 feet, exclusive of street intersections, and commencing at A Street on 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th and such other streets exist or may hereafter be established running in the same direction as the last named streets, with the number 100 and number east to the east boundary line of said city, allowing 100 numbers to each block of 600 feet exclusive of street intersections; with the even numbers placed on the north and west sides of said streets, and the odd numbers on the south and east side of streets. (Ord. 102, passed 11-17-1891) § 12.32.020 ASSIGNMENT OF ADDRESS NUMBERS. It shall be the responsibility of the Building Official, or his or her designee, to assign building address numbers. The Building Official shall give written notice to the owner, occupant, lessee, tenant or subtenant of the assignment of an address number. Address numbers that are already in place shall not be required to be changed unless a conflict exists, the street name is changed or some other condition occurs that necessitates an address be changed. The size and location of address numbers shall be in accordance with the adopted Building and Fire Codes. (Ord. 102, passed 11-17-1891; Ord. MC-1337, passed 11-15-2010; Ord. MC-1395, passed 1-6-2014) § 12.32.030 REQUIREMENT FOR NUMBER. It is unlawful to keep or maintain any building or entrance in the city without the proper number being placed thereon. (Ord. 102, passed 11-17-1891) § 12.32.040 VIOLATIONS OF SECTIONS 12.32.010 THROUGH 12.32.030 - PENALTY. Any person, firm or corporation who violates any 53 Packet Page 1128 San Bernardino - Streets, Sidewalks and Public Places54 provision of §§ 12.32.010 through 12.32.030, or who refuses or neglects to comply with the notice required to be given within five days after receiving such notice, is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 102, passed 11-17-1891; Ord. MC-460, passed 5-15-1985) § 12.32.050 CURB HOUSE NUMBER BUSINESS LICENSE REQUIRED. It is unlawful for any person, firm, corporation, co-partnership or association, either as owner, agent or otherwise, to paint or otherwise place house numbers on curbs of streets in the city without first obtaining a curb house number business license from the Department of Finance and Management Services, and paying the fee therefor. (Ord. 2163, passed 2-19-1957; Ord. 3346, passed 5-11-1973; Ord. MC-344, passed 2-22-1984; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 12.32.060 SIZE AND COLOR OF HOUSE NUMBERS. [Reserved] (Repealed by Ord. MC-1337, passed 11-15-2010 and Ord. MC-1395, passed 1-6-2014) § 12.32.070 VIOLATION OF SECTIONS 12.32.050 THROUGH 12.32.060. Any person, firm or corporation violating any provision of §§ 12.32.050 through 12.32.060 is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 2163, passed 2-19-1957; Ord. MC-460, passed 5-15-1985) Packet Page 1129 CHAPTER 12.36: STREET GRADES Section 12.36.010 Definitions 12.36.020 Conformance of street grades 12.36.030 Construction of buildings below street grade unlawful 12.36.040 Violation of Section 12.36.030 - penalty § 12.36.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CENTERLINE. A line in the middle of the street along its course with an equal distance between it and the street line on each side. CURB. A street improvement generally constructed of cement concrete, six inches wide at the top, nine inches wide at the bottom and 15 inches in height, with the top edge nearest the centerline of the street constructed to conform to the curb line of the street, and the side nearest the street line constructed perpendicular and the top and bottom constructed horizontal. Said word may refer to a CURB already constructed or which might be hereafter constructed and in places where no CURB exists, where the word is used as designating a location, it shall be presumed to exist. CURB LINE. The line at the top of the curb at the edge nearest the centerline of the street. The CURB LINE on all streets, unless otherwise provided by ordinance, shall be the distance from the property line as provided by § 2 of Ord. 338 of the city, entitled “An Ordinance establishing the width of sidewalks within the City of San Bernardino and establishing the width of cement sidewalks that may hereafter be constructed in said City” adopted and approved September 17, 1906. GUTTER LINE. The line along the face of the curb at the top of the roadway and ten inches below the top of the curb. PROPERTY LINE. The boundary line along the street of any abutting land. ROADWAY. All that portion of the street between the curbs, and at intersections shall include that portion of the street described between the curb lines of the street extended along the course of the street across the intersecting street. In extending such curb lines, the lines shall produce a straight line between the points of intersection of the curb lines of the described street with the curb lines of the intersecting street. SIDEWALK. The portion of the street between the curb line and the property line. STREET. Any land which has been dedicated and accepted according to law as a public street or highway, or which has been in common and undisputed use for general highway purposes by the public for a period of not less than five years. Such word shall be deemed to include avenues, highways, lanes, alleys, crossings or intersections, courts and places. STREET LINE. Means, such as, for example, “the south line of Third Street,” the boundary line of the street along the course of the street. At intersections, such line shall be deemed to cross the intersecting street from one corner of the intersection to the other corner on the same side of the street. (Ord. 756, passed 1-4-1920) 55 Packet Page 1130 San Bernardino - Streets, Sidewalks and Public Places56 § 12.36.020 CONFORMANCE OF STREET GRADES. (A) Except as otherwise provided by ordinance, or unless otherwise provided for by resolution of the Mayor and CommonCity Council, or upon plans adopted for the improvement of any street within the city by the Mayor and CommonCity Council, the grades of all streets in the city are established in conformity with the grades already established along such streets or which may be hereafter established along such streets, as follows. (1) Where the grade is established along the curb line: (a) The grade of the street along the curb line shall be a straight line drawn between described points; (b) The grade at the property line at right angles to the curb line shall be higher than the grade at the curb line at the rate of one-quarter of an inch per foot of distance between the curb line and the property line; and (c) The grade of the centerline of the street between the two curb lines shall be an average of the grade at the curb lines taken at right angles to the centerline of the street. (2) Where the grade of the street is established along the property line: (a) The grade of the street along the property line shall be a straight line drawn between described points; and (b) The grade at the curb line at right angles to the property line shall be lower than the grade at the property line at the rate of one-quarter of an inch per foot of distance between the curb line and the property line. (3) The grade of the sidewalk shall be a straight line drawn between the grade at the curb line and the grade at the property line taken at right angles with either curb line or property line. (B) The grade of the roadway taken at right angles to the curb line shall conform to a curved line which shall be a parabola intersecting gutter lines on each side or roadway and centerline of street. (C) The grade of the street at the gutter line shall be ten inches below the grade at the curb line. (D) Unless it clearly appears to the contrary, the grade of all streets heretofore established shall be construed to have been established in accordance with the grades established, and all ordinances establishing the grades of any street in the city subsequently adopted by the Mayor and CommonCity Council of the city shall be deemed to have been passed and adopted in the light of this section, and the grades of any such street shall be deemed established along and across any such street in accordance with the provisions of this section unless a contrary intention clearly appears. (Ord. 821, passed 8-9-1921; Ord. 1301, passed 5-12-1926) § 12.36.030 CONSTRUCTION OF BUILDINGS BELOW STREET GRADE UNLAWFUL. It is unlawful to erect, build or construct any building, structure or improvement within the city below the official grade of the street as determined by the Mayor and CommonCity Council except as follows: that, in the event that the City Engineer determines, by reason of mountains, hills or other topography, that it is impractical to conform to the official grade, then, and, in that event, the City Engineer shall notify the Chief Building Inspector of such determination and an exception shall be granted hereto permitting the erection or construction of buildings and structures at other than the official grade. (Ord. 1900, passed 11-30-1950; Ord. 2265, passed 6-23-1959) § 12.36.040 VIOLATION OF SECTION 12.36.030 - PENALTY. Any person, firm or corporation violating any provisions of § 12.36.030 is guilty of a misdemeanor, Packet Page 1131 Street Grades 57 which, upon conviction thereof, is punishable in accordance with § 1.12.010. (Ord. 1900, passed 11-30-1950; Ord. MC-460, passed 5-15-1985) Packet Page 1132 San Bernardino - Streets, Sidewalks and Public Places58 Packet Page 1133 CHAPTER 12.40: STREET TREES Section 12.40.010 Definitions 12.40.020 Street tree master plan 12.40.030 Conformance with street tree master plan 12.40.040 Petition of property owners for change in variety of trees 12.40.050 Removal of city tree - duty of Director of Public Services 12.40.060 Authorized removal of tree - criteria 12.40.070 Permit required for cutting, trimming and the like 12.40.080 Application for permit 12.40.090 Compliance with permit 12.40.100 Cost of removal of trees 12.40.110 Unlawful acts 12.40.120 Height of plants 12.40.130 Duty of property owner and abatement of nuisance 12.40.140 Violation - penalty Statutory reference: For provisions on the planting of trees along public streets, see Cal. Streets and Highways Code, §§ 22000 et seq. § 12.40.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DIRECTOR OF PARKS, RECREATION, AND COMMUNITY SERVICES. Any designated representative of such Director. DIRECTOR OF PUBLIC SERVICES. Any authorized representative of such Director. (Ord. 1655, passed 4-8-1941; Ord. 3016, passed 9-23-1969; Ord. MC-325, passed 12-6-1983; Ord. MC-344, passed 2-22-1984) § 12.40.020 STREET TREE MASTER PLAN. All streets, sidewalks, parkways, lanes, alleys, parks and other public places in the city now open or dedicated, or which may be hereafter opened or dedicated to public use, may be planted with trees, palms, shrubs, bushes, plants and flowers as specifically provided in the street tree master plan on file in the Parks, Recreation and Community Services Department. (Ord. 1655, passed 4-8-1941; Ord. 3016, passed 9-23-1969; Ord. MC-325, passed 12-6-1983) § 12.40.030 CONFORMANCE WITH STREET TREE MASTER PLAN. It is unlawful for anyone to plant trees, shrubs or bushes upon the streets, sidewalks, parkways, lanes, alleys, parks and other public places to which the master plan is applicable, except in conformity with the master plan. (Ord. 1655, passed 4-8-1941; Ord. 3016, passed 9-23-1969; Ord. MC-325, passed 12-6-1983) § 12.40.040 PETITION OF PROPERTY OWNERS FOR CHANGE IN VARIETY OF TREES. In the event a petition bearing the signatures of not less than 75% of the property owners owning property fronting upon any city street, sidewalk, parkway, lane, alley, park or other public place which is one block long or more, requests a change in the variety of trees used for planting in the place referred to in the petition, the petition shall be granted by the 59 Packet Page 1134 San Bernardino - Streets, Sidewalks and Public Places60 Director of Public Services, following consultation with the Director of Parks, Recreation and Community Services if the variety requested for replacement or new planting is known and established as a street tree and is not of a variety that may tend to break sidewalks or curbs or is not objectionable as a street tree for other reasons. (Ord. 1655, passed 4-8-1941; Ord. 3016, passed 9-23-1969; Ord. MC-325, passed 12-6-1983; Ord. MC-344, passed 2-22-1984) § 12.40.050 REMOVAL OF CITY TREE - DUTY OF DIRECTOR OF PUBLIC SERVICES. Upon receipt of a request for the removal of a city tree or for a change in the type of tree designated in the master plan, the Director of Public Services shall investigate and respond in writing to the request, with a copy to the Council member of the ward. The Director’s decision shall be final unless an appeal to the Mayor and CommonCity Council is filed with the City Clerk pursuant to the provisions of Chapter 2.64. (Ord. 1655, passed 4-8-1941; Ord. 3016, passed 9-23-1969; Ord. MC-325, passed 12-6-1983; Ord. MC-344, passed 2-22-1984) § 12.40.060 AUTHORIZED REMOVAL OF TREE - CRITERIA. The Director of Public Services is authorized to remove or approve the removal of those trees which: (A) Are diseased; (B) Constitute a traffic hazard; (C) Threaten to damage sidewalks, curbs or gutters; (D) Are not in conformity with adopted specifications: (E) Interfere with street widening; (F) Are located in a business district; (G) Obstruct the moving of houses; (H) Block proposed driveways or entrances to private property; or (I) Interfere with or damage sewers or water lines. (Ord. 1655, passed 4-8-1941; Ord. 3016, passed 9-23-1969; Ord. MC-325, passed 12-6-1983; Ord. MC-344, passed 2-22-1984) § 12.40.070 PERMIT REQUIRED FOR CUTTING, TRIMMING AND THE LIKE. It is unlawful for any person, persons or corporation to cut down, trim, take up, remove, prune or injure any trees, shrubs, palms or flowers that are now planted or grown on any of the public streets, sidewalks, parkways, lanes, alleys, parks or other public places of the city, except after procuring a permit from the office of the Director of Public Services. A permit fee established by resolution of the Mayor and CommonCity Council shall be collected, except that no fee shall be paid for any work required by any city department or performed pursuant to a contract with the city. (Ord. 1655, passed 4-8-1941; Ord. 2273, passed 9-22-1959; Ord. MC-325, passed 12-6-1983; Ord. MC-344, passed 2-22-1984) § 12.40.080 APPLICATION FOR PERMIT. Any person desiring to procure a permit, as specified in § 12.40.070, shall apply, in writing, to the Director of Public Services, who may require a good and sufficient bond in such sum as may be fixed by the Director, conditioned that the applicant will pay the city all costs and damages resulting from the removing, trimming, pruning of trees, shrubs or bushes, and the Director may, in his or her discretion, require the furnishing of a bond or policy of insurance to cover any and all claims for damages to persons or property resulting from the removal, pruning or trimming of trees, shrubs or bushes. The Director may establish other conditions to the permit for protection of persons and property. (Ord. 1655, passed 4-8-1941; Ord. MC-325, passed 12-6-1983; Ord. MC-344, passed 2-22-1984) Packet Page 1135 Street Trees 61 § 12.40.090 COMPLIANCE WITH PERMIT. Upon the issuance of any permit, the applicant shall comply with each condition of the permit and shall, at least 18 hours before commencing work, notify the Director of Public Services to cause a field inspection to be made. (Ord. 1655, passed 4-8-1941; Ord. MC-325, passed 12-6-1983; Ord. MC-344, passed 2-22-1984) § 12.40.100 COST OF REMOVAL OF TREES. In the event of a request for the removal of trees by the Director of Public Services under the provisions of § 12.40.060, 60 days’ notice shall be given on all trees except palms, and 30 days’ notice shall be given in the case of palm trees, except when the trees constitute a hazard. There shall be paid to the city by the person requesting removal a sum to compensate for the reasonable cost of the removal of the tree or trees, together with a reasonable sum to box, remove, replant and conserve the tree or trees so removed, if applicable. Such sums shall be fixed by the Director of Public Services and shall be paid prior to removal. (Ord. 1655, passed 4-8-1941; Ord. 3016, passed 9-23-1969; Ord. MC-325, passed 12-6-1983; Ord. MC-344, passed 2-22-1984) § 12.40.110 UNLAWFUL ACTS. It is unlawful for any person to carve or injure the bark of any tree, shrub, palm or bush that is planted or grown on any of the public streets, sidewalks, parkways, lanes, alleys, parks or other public places in the city. It is unlawful for any person to attach any rope, wire or other contrivance to the tree, shrub, palm or plant; to cause or permit anyone to dig in or otherwise disturb grass areas in public places, or in any other way injure or impair the natural beauty or usefulness of any public area; to cause or permit any wire charged with electricity to come in contact with the tree, shrub, palm or plant; to allow any gaseous, liquid or solid substance which is harmful to the tree, shrub, palm or plant to come in contact therewith. (Ord. 1655, passed 4-8-1941; Ord. MC-325, passed 12-6-1983; Ord. MC-460, passed 5-15-1985) § 12.40.120 HEIGHT OF PLANTS. (A) It is unlawful for the owner or occupant of any corner lot in the city to keep, permit or maintain trees, hedges, shrubs or any growth within the sight triangle, as shown on the standard drawing(s) referenced in § 12.30.020, unless the trees, shrubs, hedges or other growth are trimmed so that the height of same shall not exceed two and one-half feet above the pavement at the curb lines of the intersecting streets, except that trees with main stalks or trunks exposed to a height of eight feet above the ground need not be trimmed or cut, unless directed to do so by the Director of Development Services. (B) It is unlawful for any owner or occupant of any premises in the city to permit, keep or maintain hedges, shrubs or any growth over two feet in height within a distance of six feet from the property line at any point within six feet of a driveway, except that trees with main stalks or trunks exposed to a height of eight feet above the ground need not be trimmed or cut, unless the trees are determined to constitute a sight restriction to the Director of Development Services. (Ord. 1655, passed 4-8-1941; Ord. 2273, passed 9-22-1959; Ord. MC-325, passed 12-6-1983; Ord. MC-344, passed 2-22-1984; Ord. MC-783, passed 5-6-1991; Ord. MC-1027, passed 9-9-1998) § 12.40.130 DUTY OF PROPERTY OWNER AND ABATEMENT OF NUISANCE. (A) The owner or occupant described in §§ 12.40.110 and 12.40.120 and other property owners fronting any street, sidewalk, parkway, lane, alley, park or other public place shall water, keep, maintain and permit trees, hedges, shrubs or any other growth located thereon in accordance with this chapter and other ordinances of the city or rules and regulations of the Director of Public Services. (B) Any tree, shrub or palm growing on any parkway or sidewalk which is damaged in violation of § 12.40.110 or any growth of any tree, shrub or hedge or other vegetation which is in excess of the height limits set forth in § 12.40.120, unless otherwise permitted by the Traffic Engineer, is declared a public Packet Page 1136 San Bernardino - Streets, Sidewalks and Public Places62 nuisance, the removal of which is necessary to protect the health and safety of the city’s inhabitants. The Director of Development Services may find and declare the same to be a public nuisance, may order abatement thereof in accordance with the procedure set for abatement pursuant to Chapter 8.30 and may assess costs for the abatement pursuant to Chapter 3.68. (Ord. 1655, passed 4-8-1941; Ord. 2273, passed 9-22-1959; Ord. MC-325, passed 12-6-1983; Ord. MC-344, passed 2-22-1984; Ord. MC-783, passed 5-6-1991; Ord. MC-1027, passed 9-9-1998) Editor’s note: Ord. MC-1418, passed 10-5-2015 repealed/deleted Chapter 3.68 and stated that any remaining provisions of the municipal code that reference it should now be deemed to instead reference Chapter 8.30, which it also amended. § 12.40.140 VIOLATION - PENALTY. Any person violating any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 1885, passed 5-2-1952; Ord. MC-325, passed 12-6-1983; Ord. MC-460, passed 5-15-1985) Packet Page 1137 CHAPTER 12.44: OBSTRUCTIONS Section 12.44.010 Prohibited deposits on street 12.44.020 Depositing salt on streets unlawful 12.44.030 Streets, sidewalks and crosswalks to be kept free of obstructions 12.44.040 Draining water on streets unlawful - penalty 12.44.050 Nuisance 12.44.060 Disposal of dead animals and rubbish, garbage or filth 12.44.070 Maintenance of premises 12.44.080 Violation of Sections 12.44.040 through 12.44.070 - penalty 12.44.090 Use of sidewalks for display of goods, wares or merchandise unlawful 12.44.100 Removal of goods, wares and merchandise 12.44.110 Projection of signs 12.44.120 Violation of Sections 12.44.090 through 12.44.110 - penalty Statutory reference: For provisions authorizing cities to prevent encroachment and obstruction of city streets, see Cal. Gov’t Code, § 38775. § 12.44.010 PROHIBITED DEPOSITS ON STREET. It is unlawful for any person to deposit on any public street any bottles, broken ware, rubbish, waste paper, garbage, filth, refuse, dead animals or brine. (Ord. 821, passed 8-9-1921) § 12.44.020 DEPOSITING SALT ON STREETS UNLAWFUL. It is unlawful for any person to deposit upon any paved street within the city any brine, salt, water containing any salts or any matter which is injurious to such pavement. (Ord. 821, passed 8-9-1921) § 12.44.030 STREETS, SIDEWALKS AND CROSSWALKS TO BE KEPT FREE OF OBSTRUCTIONS. (A) The public streets, sidewalks and crosswalks of the city, and the stairways, escalators, elevators, passageways and sidewalks in or surrounding public malls or buildings owned, operated or maintained by the city, and the entrances and exits to and from public halls, meeting places and public buildings within the boundaries of the city, being intended for the accommodation and convenience of the public, shall be kept and reserved free from all obstructions, including, but not limited to, obstructions by human beings. (B) It is unlawful for any person to willfully and maliciously stand or sit in, obstruct or occupy any public street, sidewalk or crosswalk, or sit, stand in, obstruct or occupy any public stairway, escalator, elevator, passageway or sidewalk in or immediately surrounding a public mall or building owned, operated or maintained by the city, or stand, sit in, occupy or obstruct the entrance or exit to and from any public hall, meeting place and public building within the boundaries of the city, so as in any manner to obstruct the free passage thereon or to hinder, molest or annoy any person while passing along the same. (C) Any person who violates any provision of 63 Packet Page 1138 San Bernardino - Streets, Sidewalks and Public Places64 this section is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 120, passed 9-13-1892; Ord. 3711, passed 3-7-1978; Ord. 3950, passed 7-9-1980; Ord. MC-460, passed 5-15-1985) § 12.44.040 DRAINING WATER ON STREETS UNLAWFUL - PENALTY. (A) It is unlawful for any person to drain water or to permit water to be drained, or to cause or permit water, except rainwater, to flow or escape from his or her lands onto any public street, alley, way, highway, park or other public place by any means which results in damage to the street, alley, way, highway, park or other public place, or which causes interference with or damage or hazard to public travel or use. It is unlawful to place, or cause to be placed, in any street, alley, way, highway, park or other public place any obstruction which causes interference with, or damage or hazard to, public travel or use. (B) Any person who violates any provision of this section is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 151, passed 1-16-1894; Ord. 2347, passed 3-27-1961; Ord. MC-460, passed 5-15-1985) § 12.44.050 NUISANCE. The existence of anything prohibited by § 12.44.040 is a nuisance, and it shall be the duty of the Marshal or any police officer, or the Director of Public Services, to immediately abate such nuisance upon knowledge of its existence. (Ord. 151, passed 1-16-1894; Ord. MC-344, passed 2-22-1984) § 12.44.060 DISPOSAL OF DEAD ANIMALS AND RUBBISH, GARBAGE OR FILTH. Whenever any domestic or domesticated animal is killed or dies within this city, the owner or person having possession, charge or control thereof shall, immediately after its death, dispose of the dead body or carcass of such animal so that it shall not become a nuisance or in any way injurious to health, or indecent or offensive to the senses. No person shall throw into or place or deposit upon any public park, street, alley or other highway or public place, except in such place or places as may be designated by the proper officer, any broken ware, rubbish, garbage or filth. (Ord. 151, passed 1-16-1894) § 12.44.070 MAINTENANCE OF PREMISES. Every owner or occupant of any house or houses, or other premises in this city, or person having possession, charge or control thereof, shall keep the house or houses, or other premises, and the premises around and about such house or houses, clean of all filth or anything creating offensive odors or detrimental to health. (Ord. 151, passed 1-16-1894) § 12.44.080 VIOLATION OF SECTIONS 12.44.040 THROUGH 12.44.070 - PENALTY. Any person violating any provision of §§ 12.44.040 through 12.44.070 is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 151, passed 1-16-1894; Ord. MC-460, passed 5-15-1985) § 12.44.090 USE OF SIDEWALKS FOR DISPLAY OF GOODS, WARES OR MERCHANDISE UNLAWFUL. It is unlawful for any person, firm or corporation to use or make use of the public sidewalks of the city for the display of goods, wares or merchandise or to leave or permit to remain upon any portion of the public streets of the city any goods, wares, merchandise, boxes, barrels, cases, packages, trucks or such other objects or things as will obstruct or prevent the free use and passage thereon. (Ord. 475, passed 2-13-1912) Packet Page 1139 Obstructions 65 § 12.44.100 REMOVAL OF GOODS, WARES AND MERCHANDISE. Goods, wares and merchandise delivered or received upon the public sidewalks of the city shall immediately be taken or removed therefrom by the owner or person in charge thereof; provided that goods, wares or merchandise received in bulk or packages of such size or weight that the same cannot be immediately removed, as aforesaid, the owner or person in charge thereof shall remove or cause the same to be removed within four hours from the time of delivery thereof; and provided, further, that pending such removal of such goods, wares or merchandise, the same shall occupy the outer edge or space of the sidewalk, the inner line of such space shall be parallel with the curb line and not more than three feet distant therefrom. (Ord. 475, passed 2-13-1912) § 12.44.110 PROJECTION OF SIGNS. No provision of §§ 12.44.090 through 12.44.120 shall be construed to prohibit the projection of signs over public property in conformity with Ords. 1991 (Title 19, Zoning) (now replaced) and 2623 (Chapter 16.04) or other ordinances and laws in effect in the city. (Ord. 475, passed 2-13-1912; Ord. 2997, passed 7-1-1969) § 12.44.120 VIOLATION OF SECTIONS 12.44.090 THROUGH 12.44.110 - PENALTY. Any person violating any provision of §§ 12.44.090 through 12.44.110 is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with § 1.12.010. (Ord. 475, passed 2-13-1912; Ord. MC-460, passed 5-15-1985) Packet Page 1140 San Bernardino - Streets, Sidewalks and Public Places66 Packet Page 1141 CHAPTER 12.48: BRIDGES Section 12.48.010 Driving animals over bridge - restrictions - violation and penalty 12.48.020 Unlawful placement of bridges 12.48.030 Notice to remove bridges 12.48.040 Duty to remove bridge 12.48.050 Violation of Sections 12.48.020 through 12.48.040 - penalty § 12.48.010 DRIVING ANIMALS OVER BRIDGE - RESTRICTIONS - VIOLATION AND PENALTY. (A) It is not lawful to drive, lead or conduct any cattle, horses, mules, sheep, goats or hogs, or, in any manner, cause any such animals to go across or upon any bridge in or upon any of the streets, avenues or highways in this city, in any greater number than 25 head of cattle, horses or mules, or 50 sheep, goats or hogs, at one time. (B) Any person violating division (A) above is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 122, passed 9-27-1892; Ord. MC-460, passed 5-15-1985) § 12.48.020 UNLAWFUL PLACEMENT OF BRIDGES. It is unlawful for any person to place, or cause to be placed, or to keep and maintain, any bridge or crossing over and across the gutter along either side of any paved or macadamized street in the city. (Ord. 111, passed 5-17-1892) § 12.48.030 NOTICE TO REMOVE BRIDGES. It shall be the duty of the Director of Public Services to notify any person maintaining any such bridge or crossing to have the same removed within ten days from the date of such notice and to cut down the curb and slope the sidewalk so as to permit the easy passage of vehicles, should any such passage be required for access to private property. (Ord. 111, passed 5-17-1892; Ord. MC-344, passed 2-22-1984) § 12.48.040 DUTY TO REMOVE BRIDGE. Upon receiving such notice from the Director of Public Services, it shall be the duty of the person receiving the same to at once comply with the provisions of § 12.48.030. (Ord. 111, passed 5-17-1892; Ord. MC-344, passed 2-22-1984) § 12.48.050 VIOLATION OF SECTIONS 12.48.020 THROUGH 12.48.040 - PENALTY. Any person violating any provision of §§ 12.48.020 through 12.48.040 is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 111, passed 5-17-1892; Ord. MC-460, passed 5-15-1985) 67 Packet Page 1142 San Bernardino - Streets, Sidewalks and Public Places68 Packet Page 1143 CHAPTER 12.52: FIRE HYDRANTS Section 12.52.010 Persons authorized to use hydrants - prohibited acts 12.52.020 Parking vehicles near hydrant 12.52.030 Distance poles and wires to be kept from hydrant 12.52.040 Violation - penalty § 12.52.010 PERSONS AUTHORIZED TO USE HYDRANTS - PROHIBITED ACTS. It is unlawful for any person, except members of the City Fire Department, to use any fire hydrant in the city or to interfere with, tamper with or in any way molest any fire hydrant in the city except through special permission of the City Fire Chief and ratified by the Superintendent of the City Municipal Water Department. (Ord. 821, passed 8-9-1921; Ord. 1263, passed 12-8-1925) § 12.52.020 PARKING VEHICLES NEAR HYDRANT. It is unlawful for any person to hitch or leave standing any carriage, wagon, horse, truck, automobile, motorcycle, bicycle or any other such vehicle or animal within 15 feet of any fire hydrant within the city. (Ord. 562, passed 4-6-1914) § 12.52.030 DISTANCE POLES AND WIRES TO BE KEPT FROM HYDRANT. It is unlawful for any person, firm or corporation to place or erect any pole to carry or support electric, telephone or telegraph wires, or other similar devices, within five feet of any fire hydrant within the city. (Ord. 562, passed 4-6-1914) § 12.52.040 VIOLATION - PENALTY. Any person, firm or corporation violating any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 562, passed 4-6-1914; Ord. MC-460, passed 5-15-1985) 69 Packet Page 1144 San Bernardino - Streets, Sidewalks and Public Places70 Packet Page 1145 CHAPTER 12.56: PARADES (Repealed by Ord. MC-1414, passed 7-6-2015) Statutory reference: For authority for cities to regulate or prohibit processions or assemblages on the highways, see Cal. Vehicle Code, § 21100. 71 Packet Page 1146 San Bernardino - Streets, Sidewalks and Public Places72 Packet Page 1147 CHAPTER 12.60: VENDING NEAR PUBLIC SCHOOLS Section 12.60.010 Distance from public schools 12.60.020 Violation - penalty § 12.60.010 DISTANCE FROM PUBLIC SCHOOLS. It is unlawful for any person, firm or corporation to vend, sell or give away ice cream, ices, cornucopias, candy or soda-water from vehicles upon the public streets of the city within 12,000 feet of any public school house, except on Saturdays and Sundays. (Ord. 614, passed 11-1-1915) § 12.60.020 VIOLATION - PENALTY. Any person, firm or corporation violating any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 614, passed 11-1-1915; Ord. MC-460, passed 5-15-1985) 73 Packet Page 1148 San Bernardino - Streets, Sidewalks and Public Places74 Packet Page 1149 CHAPTER 12.64: MOTION PICTURE AND TELEVISION PRODUCTION PERMITS (Repealed by Ord. MC-1414, passed 7-6-2015) 75 Packet Page 1150 San Bernardino - Streets, Sidewalks and Public Places76 Packet Page 1151 CHAPTER 12.68: PARK AND SCHOOL GROUNDS Section 12.68.010 Operation of vehicles in designated areas only 12.68.020 Hours of use 12.68.030 Violation - penalty Statutory reference: For provisions on municipal regulation of parks, see Cal. Public Resources Code, §§ 5181 et seq. § 12.68.010 OPERATION OF VEHICLES IN DESIGNATED AREAS ONLY. It is unlawful for any person to operate, drive or ride a bicycle, unicycle, tricycle, motorcycle, horse or any other animal in any public park or on school grounds except in areas designated and posted specifically for such use. (Ord. 295, passed 12-15-1903; Ord. 3455, passed 11-5-1974; Ord. MC-460, passed 5-15-1985) § 12.68.020 HOURS OF USE. (A) During the months of January, February, March, October, November and December of each and every year, it is unlawful for any person to be or remain in any public park between the hours of 6:00 p.m. of any day to 6:00 a.m. of the succeeding day, except upon written approval of the Director of Parks, Recreation and Community Services or the Mayor and CommonCity Council. During the months of April, May, June, July, August and September of each and every year, it is unlawful for any person to be or remain in any public park between the hours of 8:00 p.m. of any day to 6:00 a.m. of the succeeding day, except upon written approval of the Director of Parks, Recreation and Community Services or the Mayor and CommonCity Council. Notwithstanding the provisions of the first two sentences herein, person(s) who are utilizing the lighted activity portions of the public park for those intended lighted activities (including the time necessary to go to and from the intended lighted activities), when no such written approval is required for such intended lighted activities, may remain in the public park until the hour of 10:00 p.m., but thereafter it is unlawful for any such person(s) to be or remain in any public park between the hours of 10:00 p.m. of any day to 6:00 a.m. of the succeeding day. (B) This section shall not be applicable to any person who is present in the park performing duties relating to employment by the city. (C) The Chief of Police, or his or her designee, shall be authorized to close any city park whenever, in his or her best judgment, it is necessary for the health, safety and welfare of the community. It is unlawful for any person to be or remain in any public park after having been informed that such park has been closed by order of the Chief of Police, or his or her designee. (Ord. 295, passed 12-15-1903; Ord. 3455, passed 11-5-1974; Ord. 3698, passed 12-21-1977; Ord. 3868, passed 9-18-1979; Ord. MC-460, passed 5-15-1985; Ord. MC-1152, passed 10-8-2003) § 12.68.030 VIOLATION - PENALTY. Any person violating any provision of this chapter is guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 295, passed 12-15-1903; Ord. MC-460, passed 5-15-1985) 77 Packet Page 1152 San Bernardino - Streets, Sidewalks and Public Places78 Packet Page 1153 CHAPTER 12.72: CLOCKS Section 12.72.010 Permit - required for clocks overhanging public streets 12.72.020 Application for permit 12.72.030 Termination of permit for cause 12.72.040 Clocks to indicate correct time 12.72.050 Violation - penalty § 12.72.010 PERMIT - REQUIRED FOR CLOCKS OVERHANGING PUBLIC STREETS. It is unlawful for anyone to install, erect, maintain or operate a clock or device which tells or indicates the time upon or overhanging the public streets of the city without first obtaining a permit from the CommonCity Council. (Ord. 1739, passed 4-12-1945) § 12.72.020 APPLICATION FOR PERMIT. Any person so desiring to procure a permit to erect, install, maintain or operate a clock or device to tell or indicate the time shall make written application to the Mayor and CommonCity Council stating therein the name or make of the clock or device; the plan or manner in which the clock or device is to be erected, installed, maintained or operated; the amount of advertising matter to be displayed thereon or in connection therewith; and such other information as the Council may, from time to time, desire. (Ord. 1739, passed 4-12-1945) § 12.72.030 TERMINATION OF PERMIT FOR CAUSE. The permit so issued may be terminated, at any time, by the Mayor and CommonCity Council upon the following grounds: (A) The clock or device has not been installed, erected, maintained or operated in accordance with the permit granted; (B) The clock or device is or has been maintained for a period of 30 days in such condition that it does not show, indicate or tell the correct time; and (C) It is necessary or advantageous that public or private improvements be made upon the streets which necessitate or render it advantageous that the clock or device be removed. (Ord. 1739, passed 4-12-1945) § 12.72.040 CLOCKS TO INDICATE CORRECT TIME. It is unlawful for anyone to permit, maintain, operate or own a clock or device which does not tell, indicate or show the correct time and which has been erected or installed upon the public streets of the city or which overhangs the public streets; provided that the face of any clock or device may be covered during the period necessary for repairs but not to exceed a period of 30 days without permission of the Mayor and CommonCity Council. (Ord. 1739, passed 4-12-1945) § 12.72.050 VIOLATION - PENALTY. Any person, firm or corporation violating any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 1739, passed 4-12-1945; Ord. MC-460, passed 5-15-1985) 79 Packet Page 1154 San Bernardino - Streets, Sidewalks and Public Places80 Packet Page 1155 CHAPTER 12.76: SECCOMBE LAKE PARK Section 12.76.010 Change of name 12.76.020 Swimming in lake unlawful 12.76.030 Operation of boats by permission only 12.76.040 Ducks, geese and fowl to be left unharmed 12.76.045 Fishing unlawful 12.76.050 Violation - penalty § 12.76.010 CHANGE OF NAME. On and after August 28, 1967, Inland Lake Park shall be known as Seccombe Lake Park and the lake situated therein shall be known as Seccombe Lake. (Ord. 1761, passed 5-25-1946; Ord. 2844, passed 8-29-1967) § 12.76.020 SWIMMING IN LAKE UNLAWFUL. It is unlawful for anyone to swim or bathe in the lake situated in Seccombe Lake Park in the city. (Ord. 1761, passed 5-25-1946) § 12.76.030 OPERATION OF BOATS BY PERMISSION ONLY. It is unlawful for anyone to paddle, row, pole or in any way launch, operate or propel a boat, canoe, raft or any floating conveyance upon the lake situated in Seccombe Lake Park in the city, except with the permission of, and subject to any regulations that may be imposed by, the CommonCity Council. (Ord. 1761, passed 5-25-1946; Ord. 2700, passed 11-2-1965) § 12.76.040 DUCKS, GEESE AND FOWL TO BE LEFT UNHARMED. It is unlawful for anyone to kill, maim or injure, in any way, any duck, goose or any fowl kept, maintained or situated in Seccombe Lake Park in the city. (Ord. 1761, passed 5-25-1946) § 12.76.045 FISHING UNLAWFUL. It is unlawful for anyone to fish on the lake except in designated areas and subject to any regulations imposed by the California Fish and Game Laws and to any regulation that may be imposed by the CommonCity Council. (Ord. MC-489, passed 1-8-1986) Statutory reference: California Fish and Game Laws, see Cal. Fish and Game Code, §§ 1 et seq. and Cal. Code of Regulations, Title 14 § 12.76.050 VIOLATION - PENALTY. Any person violating any provision of this chapter is guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 1761, passed 5-25-1946; Ord. MC-460, passed 5-15-1985) 81 Packet Page 1156 San Bernardino - Streets, Sidewalks and Public Places82 Packet Page 1157 CHAPTER 12.80: PUBLIC PARKS AND RECREATIONAL FACILITIES Section 12.80.010 Short title 12.80.020 Definitions 12.80.030 Use of parks and buildings exclusive 12.80.040 Permit - required 12.80.050 Park and recreation sponsored classes - permit required 12.80.055 Consumption of alcohol in a public park - permit required 12.80.060 Application for permit 12.80.070 Issuance of permit 12.80.080 Denial of permit 12.80.090 Right of appeal of denial of permit or conditions imposed on issuance of permit 12.80.100 Fees and deposits 12.80.110 Liability 12.80.120 Displays and sales 12.80.130 Park regulations 12.80.140 Violation - penalty § 12.80.010 SHORT TITLE. The ordinance codified in this chapter shall be known as the “Parks and Recreation Ordinance.” (Ord. 3326, passed 1-3-1973) § 12.80.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AMPLIFIED SOUND. Speech or music, projected or transmitted by electronic equipment, including amplifiers, loudspeakers, microphones, bull horns or similar devices which are intended to increase the volume, range, distance or intensity of speech or music and are powered by electricity, battery or combustible fuel. BUILDING. Any building, or portion thereof, under the supervision of the City Parks and Recreation Department. DIRECTOR. The Director of the Department of Parks and Recreation. INLINE SKATES. Skates which are attached to a boot, shoe or other footwear to be worn by the skater. PARK. All grounds, roadways, avenues, park facilities, municipal parks and playground areas, or portions thereof, under the supervision of the Parks and Recreation Department. PERMIT. A permit for exclusive use of any park or building, or portions thereof, as provided for in this chapter. PERSON. Persons, groups, associations, partnerships, firms or corporations unless the context in which such word is used indicates the singular word person was intended. (Ord. 3326, passed 1-3-1973; Ord. MC-1185, passed 10-5-2004) § 12.80.030 USE OF PARKS AND BUILDINGS EXCLUSIVE. The city’s public parks and buildings, or portions thereof, may be made available for the exclusive use of persons subject to the issuance of a permit by the Director as provided for in this chapter. (Ord. 3326, passed 1-3-1973) 83 Packet Page 1158 San Bernardino - Streets, Sidewalks and Public Places84 § 12.80.040 PERMIT - REQUIRED. (A) For any private groups of persons using a public park that have fewer than 25, no permit is required. (B) It is unlawful for any group of persons, firm or corporation, society or organization which anticipates an attendance of more than 25 to conduct any picnic, celebration, parade, service or exercise in any public park or building or use any park facility, without first obtaining a written permit from the Director as provided for in this chapter. (C) It is unlawful for any group of persons, firm or corporation, society or organization which anticipates an attendance of more than 100 to conduct any picnic, celebration, parade, service or exercise in any public park or building or use any park facility, without first obtaining a special event permit pursuant to § 19.70.036. (Ord. 3326, passed 1-3-1973; Ord. MC-460, passed 5-15-1985; Ord. MC-1414, passed 7-6-2015) § 12.80.050 PARK AND RECREATION SPONSORED CLASSES - PERMIT REQUIRED. It is unlawful for any person, firm, corporation, society or organization to hold classes, courses of instruction or any activity where a fee or any form of compensation is charged or anything of value is obtained in a park or building, except in accordance with a written permit issued by the Director for such classes, courses of instruction or activity sponsored by or approved by the Department of Parks and Recreation pursuant to the provisions of this chapter. (Ord. 3326, passed 1-3-1973; Ord. 3525, passed 9-10-1975; Ord. MC-460, passed 5-15-1985) § 12.80.055 CONSUMPTION OF ALCOHOL IN A PUBLIC PARK - PERMIT REQUIRED. [Reserved] (Repealed by Ord. MC-1414, passed 7-6-2015) § 12.80.060 APPLICATION FOR PERMIT. [Reserved] (Repealed by Ord. MC-1414, passed 7-6-2015) § 12.80.070 ISSUANCE OF PERMIT. [Reserved] (Repealed by Ord. MC-1414, passed 7-6-2015) § 12.80.080 DENIAL OF PERMIT. [Reserved] (Repealed by Ord. MC-1414, passed 7-6-2015) § 12.80.090 RIGHT OF APPEAL OF DENIAL OF PERMIT OR CONDITIONS IMPOSED ON ISSUANCE OF PERMIT. [Reserved] (Repealed by Ord. MC-1414, passed 7-6-2015) § 12.80.100 FEES AND DEPOSITS. [Reserved] (Repealed by Ord. MC-1414, passed 7-6-2015) § 12.80.110 LIABILITY. [Reserved] (Repealed by Ord. MC-1414, passed 7-6-2015) § 12.80.120 DISPLAYS AND SALES. [Reserved] (Repealed by Ord. MC-1414, passed 7-6-2015) § 12.80.130 PARK REGULATIONS. Within the limits of any public park or playground in or upon any facility or building located therein and owned or controlled by the city, it is Packet Page 1159 Public Parks and Recreational Facilities 85 unlawful for any person to: (A) Cause the amplification of sound exceeding 25 watts total output from all channels of equipment used except pursuant to an exclusive use permit issued under this chapter and subject to the following conditions. (1) The location of any bandstand and the position of each loudspeaker shall be as specified by the Director so as to allow the least amount of amplified sound to be audible in any adjacent residential neighborhoods. (2) Amplified sound shall not exceed 95 decibels (“dba”) at a point 50 feet in front of the center point of the distance between loudspeaker installations. (B) Play or practice golf or use golf clubs in any area not designated for such use; (C) Operate any motor-driven model airplane except in areas designated for such use; (D) Operate or park any motor vehicle, as defined in the California Vehicle Code within a park, except upon areas designated for such use; (E) Operate, drive or ride upon any bicycle, unicycle, tricycle, horse or any other animal in any park except in areas designated and posted specifically for such use; (F) Leave any garbage, trash, cans, bottles, papers or other refuse elsewhere than in the receptacle provided therefor; (G) Use or attempt to use or interfere with the use of any table, space of facility which at the time is reserved for any other person or group which has received a permit from the Director for the use thereof; (H) Discharge or shoot any firearm, air gun, slingshot or bow and arrow except at places designated and posted specifically for such purposes; (I) Dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof, except a duly authorized city employee in the performance of his or her duty; (J) Remove any wood, turf, grass, soil, rock, sand or gravel from any park except a duly authorized city employee in the performance of his or her duty; (K) Cut, break, deface or disturb any rock, building, cage, pen, monument, sign, fence, structure, apparatus, equipment or property except a duly authorized city employee in the performance of his or her duty; (L) Light or maintain any fire unless such fire is lighted and maintained only in a stove or fire circle or place provided for such purpose; (M) Throw rocks and waste matter in unauthorized places; (N) Bathe or wade in or otherwise pollute the waters of any pond, stream, lake or pool unless wading or bathing are allowed in designated streams or pools or portions thereof; (O) Frighten, chase, set snare for, catch, injure or destroy any wild quadrupeds or birds; or destroy, remove or disturb any of the young or eggs of the same; or to injure or maltreat any domestic or other animals; (P) Camp, lodge or tarry overnight unless there are set aside certain places for this purpose; the provisions of § 12.68.020 regulating loitering and tarrying in any public park is adopted by reference; (Q) Indulge in riotous, boisterous or indecent conduct; and no noisy, disorderly or offensive person shall be allowed within the park; the provisions of Chapter 9.32 prohibiting any person from drinking alcoholic beverages in a public place is adopted by reference; (R) Roller skate or bicycle upon tennis courts in any public park within the city; (S) Enter any toilet facility designated for the use of female persons within any public park or go into the Packet Page 1160 San Bernardino - Streets, Sidewalks and Public Places86 vault of or be within such toilet facility, excepting therefrom females, boys under the age of six years and park employees while acting within the scope of their duties of cleaning or repairing the toilets; or cut, deface or make any writing or marking on the walls of any toilet facility or structure within any public park; (T) (1) Skateboard or inline skate at a city owned skateboard park without wearing a helmet, elbow pads and knee pads; (2) Use this facility for skateboarding or inline skating if under the age of 14 years without being supervised by an adult; (3) Use any other equipment other than skateboards or inline skates at this facility; (4) Skateboard or inline skate during rain or wet conditions at this facility; and/or (5) If not an adult supervising someone under the age of 14 years, enter (by passing through the entrance/fence) or remain in the skateboard park while not actively skating at all times. (U) To smoke or engage in the act of smoking in any public park in violation of § 8.73.050. (Ord. 3326, passed 1-3-1973; Ord. 3643, passed 5-25-1977; Ord. MC-460, passed 5-15-1985; Ord. MC-1170, passed 3-18-2004; Ord. MC-1171, passed 4-6-2004; Ord. MC-1180, passed 9-9-2004; Ord. MC-1319, passed 11-16-2009) § 12.80.140 VIOLATION - PENALTY. Any person, firm or corporation violating or causing the violation of any provision of this chapter is guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 3326, passed 1-3-1973; Ord. MC-460, passed 5-15-1985) Packet Page 1161 CHAPTER 12.84: OFF-STREET PUBLIC PARKING Section Article I. General Provisions 12.84.010 Citation 12.84.020 Findings and general statement 12.84.030 Chapter not exclusive 12.84.040 Initiation of proceedings 12.84.050 Determination that public convenience and necessity require improvements and acquisitions 12.84.060 Preliminary determination of necessity 12.84.070 Notice of hearing 12.84.080 Objections 12.84.090 Final determination of necessity 12.84.100 Modification 12.84.110 Council findings and determinations are final and conclusive 12.84.120 Applicability of findings 12.84.130 Proceedings undertaken without compliance with investigation - finality of order of Mayor and CommonCity Council 12.84.140 General provisions 12.84.150 City may take action without petition 12.84.160 Resolution setting forth majority protest 12.84.170 Parking places not necessarily in parking district 12.84.180 No specific time limit between acts 12.84.190 Publication of notice 12.84.200 Use of resolution 12.84.210 Assessment upon public property 12.84.220 When bonds may be issued 12.84.230 Payment of bonds 12.84.240 Registration and redemption of bonds 12.84.250 Issuance of bonds in different divisions 12.84.260 Bids for bonds - sale to highest responsible bidder - rejection of bids - re-advertisement - private sale - use of proceeds 12.84.270 Bonds - additional sources of payment 12.84.280 Rental of facilities 12.84.290 Incidental use 12.84.300 Disposition of property 12.84.310 Other procedures 12.84.320 Assessment without bonds Article II. Procedural Alternative I 12.84.330 Generally 12.84.340 Two parking districts 12.84.350 Administration 12.84.360 Additional collection provision 12.84.370 Tax levy Article III. Procedural Alternative II 12.84.380 Generally 12.84.390 Findings of majority protest 12.84.400 Maturity of bonds 12.84.410 Annual assessments 12.84.420 Enlargement of district 12.84.430 Additional parking place pledge 87 Packet Page 1162 San Bernardino - Streets, Sidewalks and Public Places88 12.84.440 Mayor and CommonCity Council as Parking Place Commission 12.84.450 Provision for residential property Article IV. Procedural Alternative III 12.84.460 Generally 12.84.470 Contents of resolution - intention to form district 12.84.480 Resolution - purpose of debt - amount - property taxable to pay debt 12.84.490 Division of district into zones 12.84.500 Resolution - description of improvement map of district - availability for inspection 12.84.510 Resolution - time and place of hearing - who may be heard 12.84.520 Notice of hearing - publication - posting - mailing 12.84.530 Hearing - time and place - who may appear - continuance 12.84.540 Change in purpose of bond and amount 12.84.550 Notice of intention to make change - publication - posting - contents 12.84.560 Hearing on change - who may appear - continuance 12.84.570 Protests by holders of title to one-half of value of taxable property - resolution of necessity to incur debt - contents 12.84.580 Disapproval of formation resolution for determination of no benefit 12.84.590 Effective date of improvement district - effect of determinations in resolution 12.84.600 Effect of formation on bond proceedings and tax levy 12.84.610 Issuance of bonds by resolution 12.84.620 Series of bonds - different maturity dates - maximum term of series 12.84.630 Form of bonds and coupons - time of principal payments 12.84.640 Interest rate - payment dates 12.84.650 Call and redemption before maturity - provision in bond 12.84.660 Denomination 12.84.670 Place of payment 12.84.680 Form of bonds - date - number - signing and countersigning - seal - mechanical reproduction of signatures 12.84.690 Bonds of improvement districts - statement of limitation on levy 12.84.700 Payment of proceeds into City Treasury - special improvement funds - expenditure for purpose of debt - application of surplus on accomplishment of purpose 12.84.710 Interest paid from bond proceeds - maximum limitation 12.84.720 Bonds - payment of principal and interest 12.84.730 Annual assessments 12.84.740 Exemption of residential property Article V. Procedural Alternative IV 12.84.750 Generally 12.84.760 Issuance of bonds 12.84.770 Remedies for collection Article VI. Procedural Alternative V 12.84.780 Generally 12.84.790 Issuance of bonds ARTICLE I. GENERAL PROVISIONS § 12.84.010 CITATION. The ordinance codified in this chapter may be cited as the “San Bernardino Off-Street Public Parking Packet Page 1163 Off-Street Public Parking 89 Improvement and Finance, Procedural Ordinance” (sometimes referred to as “Off-Street Parking Ordinance”). (Ord. 3589, passed 7-6-1976) § 12.84.020 FINDINGS AND GENERAL STATEMENT. (A) The Mayor and CommonCity Council find that, in order to provide an orderly procedure for the acquisition, construction, improvement, completion, repair, management, reconstruction, administration, maintenance, operation and disposal of public off-street parking places, issuance and payment of bonds to pay the cost thereof; the making of contributions therefor; and the making of covenants and agreements with the bond holders for the security and payment of such bonds, it is necessary for the city to exercise the powers it has by virtue of being a home rule city and to provide such a procedure. As used in this chapter, PARKING PLACES includes public parking lots, garages, buildings and other improvements for the parking of motor vehicles. The procedure provided for in this chapter is to be an alternative to any others provided by, under or pursuant to the City Charter or the general laws of the state. (B) In addition to matters specified elsewhere in this chapter, the city is authorized to perform the acts authorized by the procedural alternatives, including, without limitation, the following: (1) Acquire, by condemnation, purchase, gift, lease or any other means, property necessary or convenient for use as parking places, including any property necessary or convenient for the opening, widening, straightening or extending of streets or alleys necessary or convenient for ingress to or egress from any parking place; (2) Improve any property by the construction thereon of garages, buildings or other improvements necessary or convenient for parking purposes; (3) Improve parking places and any property necessary or convenient for ingress to or egress from parking places; (4) Administer, maintain, operate and repair parking places or provide therefor; (5) Collect fees or charges to pay all or any part of the cost of improving, repairing, maintaining and operating parking places and of acquiring and improving additional parking places; (6) Levy taxes to pay all or any part of the cost of improving, repairing, maintaining and operating parking places and of acquiring and improving additional parking places; (7) Employ engineers, attorneys and other persons necessary or convenient for the doing of any act authorized by this chapter; and (8) Do all acts and things necessary or convenient for the accomplishment of the purposes of this chapter. (Ord. 3589, passed 7-6-1976) § 12.84.030 CHAPTER NOT EXCLUSIVE. This chapter is not exclusive. The Mayor and CommonCity Council shall have the power to provide other procedures or to follow parking place or district procedures now or hereafter provided by general law; provided, however, that whenever the city is acting pursuant to this chapter, the provisions of this chapter shall be controlling to the extent that they are in conflict with any of the provisions of said laws. (Ord. 3589, passed 7-6-1976) § 12.84.040 INITIATION OF PROCEEDINGS. Whenever the Mayor and CommonCity Council deem it necessary to provide public off-street parking places under and pursuant to this chapter, the Mayor and CommonCity Council shall, by resolution, declare Packet Page 1164 San Bernardino - Streets, Sidewalks and Public Places90 their intention to proceed and shall describe, in general terms, the procedural alternative they intend to follow; the proposed improvements or acquisitions involved; the estimated costs of the improvements or acquisitions involved; and the maximum amount of bonds, if any, to be issued to finance the improvements or acquisitions. The requirement of a resolution as provided for in this section may be satisfied by the adoption of the resolution provided for in §§ 12.84.050 through 12.84.130. (Ord. 3589, passed 7-6-1976) § 12.84.050 DETERMINATION THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE IMPROVEMENTS AND ACQUISITIONS. Before ordering any acquisitions or improvements or both, or the creation of any district pursuant to this chapter, where the costs of the acquisitions or improvements are to be paid in whole or in part by special assessment or other special assessment taxes upon property, whether the special assessment will be specific or a special assessment tax upon property wholly or partially according to the assessed value of such property, the Mayor and CommonCity Council shall find that the public convenience and necessity require such acquisitions or improvements or both, in the manner provided in § 19, Article XVI of the California Constitution. (Ord. 3589, passed 7-6-1976) § 12.84.060 PRELIMINARY DETERMINATION OF NECESSITY. A resolution of preliminary determination shall be adopted, describing, in general terms, the intention to proceed under this chapter, the procedural alternative to be followed; the proposed improvements or acquisitions involved; the estimated costs of such improvements or acquisitions; whether the assessment is to be levied on all real property or on land only; the amount, based upon the estimated costs, to be assessed against each particular parcel; the maximum amount of bonds, if any, to be issued to finance the proposed improvements or acquisitions. The resolution shall also state that any person interested may file a protest in writing with the City Clerk containing therein a description of the property in which the signer thereof is interested sufficient to identify the same and, if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property. The resolution shall also set a time and place when and where any and all persons interested may appear and show cause, if they have any, why the Mayor and CommonCity Council should not find and determine that the public convenience and necessity require the formation of the proposed improvement district and the proposed acquisitions or improvements without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, sometimes referred to in this chapter as “Investigation Act.” (Ord. 3589, passed 7-6-1976) Statutory reference: Special Assessment Investigation, Limitation and Majority Protest Act of 1931, see Cal. Streets and Highways Code, Division 4, §§ 2800 et seq. § 12.84.070 NOTICE OF HEARING. The resolution shall contain a notice of the time and place of hearing. Notice of the hearing shall be given by publishing a copy of the resolution of preliminary determination once at least 15 days prior to the time fixed for the hearing in a newspaper of general circulation published in the city. Such notice shall also be given by posting a copy of the resolution of preliminary determination in three public places within the proposed improvement district at least 15 days before the time fixed for the hearing. Such notice shall also be given by mailing a copy of the resolution of intention at least 15 days before the time fixed for the hearing to each holder of title to taxable real property or land, as the case may be, within the proposed improvement district as such ownership is shown on the last equalized county assessment roll. The City Clerk shall cause all the above notices to be given. (Ord. 3589, passed 7-6-1976) Packet Page 1165 Off-Street Public Parking 91 § 12.84.080 OBJECTIONS. At the time and place fixed for the hearing and so noticed, any person interested may object to undertaking the proceedings without first complying with the provisions of the Investigation Act. (Ord. 3589, passed 7-6-1976) Statutory reference: Special Assessment Investigation, Limitation and Majority Protest Act of 1931, see Cal. Streets and Highways Code, Division 4, §§ 2800 et seq. § 12.84.090 FINAL DETERMINATION OF NECESSITY. If no protests are made, or if the protests have been heard and overruled, the Mayor and CommonCity Council may adopt a resolution finding and determining that the public convenience and necessity require the proposed improvements and/or acquisitions, and that the Investigation Act shall not apply. The finding may be incorporated in the resolution ordering the improvement and/or acquisition. (Ord. 3589, passed 7-6-1976) Statutory reference: Special Assessment Investigation, Limitation and Majority Protest Act of 1931, see Cal. Streets and Highways Code, Division 4, §§ 2800 et seq. § 12.84.100 MODIFICATION. When proceedings are had for a change and modification, the resolution of preliminary determination to change and modify shall be deemed a resolution of preliminary determination and the resolution ordering the change and modifications shall be deemed a resolution determining the convenience and necessity as to the changes and modifications. (Ord. 3589, passed 7-6-1976) § 12.84.110 COUNCIL FINDINGS AND DETERMINATIONS ARE FINAL AND CONCLUSIVE. The resolution determining the convenience and necessity shall be adopted by the affirmative vote of four-fifths of the members of the CommonCity Council and its findings and determinations shall be final and conclusive. (Ord. 3589, passed 7-6-1976) § 12.84.120 APPLICABILITY OF FINDINGS. Sections 12.84.050 through 12.84.130 shall not apply when investigation proceedings have been avoided or taken pursuant to the Investigation Act. (Ord. 3589, passed 7-6-1976) Statutory reference: Special Assessment Investigation, Limitation and Majority Protest Act of 1931, see Cal. Streets and Highways Code, Division 4, §§ 2800 et seq. § 12.84.130 PROCEEDINGS UNDERTAKEN WITHOUT COMPLIANCE WITH INVESTIGATION - FINALITY OF ORDER OF MAYOR AND COMMONCITY COUNCIL. Where proceedings for any improvements and/or acquisitions or any part thereof have been undertaken without compliance with the Investigation Act or without proceedings under §§ 12.84.050 through 12.84.130, proceedings may thereafter be had under §§ 12.84.050 through 12.84.130, with reference thereto, and the order of the Mayor and CommonCity Council determining convenience and necessity therein shall be final and conclusive. (Ord. 3589, passed 7-6-1976) Statutory reference: Special Assessment Investigation, Limitation and Majority Protest Act of 1931, see Cal. Streets and Highways Code, Division 4, §§ 2800 et seq. § 12.84.140 GENERAL PROVISIONS. The general provisions set forth in §§ 12.84.150 through 12.84.320 shall apply to all proceedings taken under this chapter. (Ord. 3589, passed 7-6-1976) § 12.84.150 CITY MAY TAKE ACTION Packet Page 1166 San Bernardino - Streets, Sidewalks and Public Places92 WITHOUT PETITION. The city may prepare a report, adopt a resolution of intention, form a parking district or take any other action to provide public off-street parking places without any petition therefor. (Ord. 3589, passed 7-6-1976) § 12.84.160 RESOLUTION SETTING FORTH MAJORITY PROTEST. The Mayor and CommonCity Council, in their discretion, may set forth in a resolution the basis for determining the existence of a majority protest, which may include, but shall not be limited to, land area, assessed valuation of real property, assessed valuation of land only or the number of property owners. (Ord. 3589, passed 7-6-1976) § 12.84.170 PARKING PLACES NOT NECESSARILY IN PARKING DISTRICT. When a parking district is formed, it shall not be necessary for all parking places to be located within the parking district. (Ord. 3589, passed 7-6-1976) § 12.84.180 NO SPECIFIC TIME LIMIT BETWEEN ACTS. It shall not be necessary for any specified time to elapse between the performance of acts except as otherwise required by this chapter. (Ord. 3589, passed 7-6-1976) § 12.84.190 PUBLICATION OF NOTICE. The first publication and the mailing of any resolution or notice shall be not later than 15 days before the day fixed therein for hearing or other act. (Ord. 3589, passed 7-6-1976) § 12.84.200 USE OF RESOLUTION. The Mayor and CommonCity Council may act, by resolution, where an ordinance is provided except as provided in §§ 12.84.710 and 12.84.720. (Ord. 3589, passed 7-6-1976) § 12.84.210 ASSESSMENT UPON PUBLIC PROPERTY. Whenever proceedings are to be undertaken in accordance with Procedural Alternatives I, II or III, the Mayor and CommonCity Council may provide, in the resolution of intention, that any real property belonging to any county, city, public agency, school board, educational, penal or reform institution or institution for the feebleminded or the insanethose with psychotic disorders or mental disorders shall be assessed in accordance with the provisions of the Cal. Streets and Highways Code, §§ 5300 through 5325, inclusive, as the same now appear or are hereafter amended. (Ord. 3589, passed 7-6-1976) § 12.84.220 WHEN BONDS MAY BE ISSUED. Bonds may be issued at such time or times as the Mayor and CommonCity Council, in their discretion, by resolution, determine, including, but not limited to, before contracting or obtaining options for the purchase of land, property or rights-of-way to be acquired, or obtaining a judgment in eminent domain for the acquisition thereof. (Ord. 3589, passed 7-6-1976; Ord. 3603, passed 9-20-1976) § 12.84.230 PAYMENT OF BONDS. Any bonds issued in accordance with Procedural Alternatives I, II or III, the interest thereon and Packet Page 1167 Off-Street Public Parking 93 premium, if any, shall be payable from assessments levied, as determined by the Mayor and CommonCity Council, upon land only or upon all real property within the district. The resolution of intention shall state the basis upon which the assessment is to be levied. (Ord. 3589, passed 7-6-1976; Ord. 3603, passed 9-20-1976) § 12.84.240 REGISTRATION AND REDEMPTION OF BONDS. The Mayor and CommonCity Council shall, by resolution, prescribe the form of the bonds and of the coupons attached thereto, the conversion and registration privileges carried by the bonds and fix the time when the whole or any part of the principal shall become due and payable. The Mayor and CommonCity Council may provide for the call and redemption of bonds prior to maturity at such times and prices and upon such other terms as they may specify. A bond shall not be subject to call or redemption prior to maturity unless it contains a recital to that effect. (Ord. 3589, passed 7-6-1976) § 12.84.250 ISSUANCE OF BONDS IN DIFFERENT DIVISIONS. The bonds may be issued in different divisions with different dates and dates of maturity. (Ord. 3589, passed 7-6-1976) § 12.84.260 BIDS FOR BONDS - SALE TO HIGHEST RESPONSIBLE BIDDER - REJECTION OF BIDS - RE-ADVERTISEMENT - PRIVATE SALE - USE OF PROCEEDS. (A) The bonds shall be sold for such price or prices as the Mayor and Council, in their discretion, shall determine which may be at the par value thereof with or without premium or discount. The bonds may be sold at public or private sale as the Mayor and CommonCity Council shall determine. If the Mayor and CommonCity Council determine to sell the bonds by private sale, the same shall be awarded, by resolution, to the buyer or buyers thereof. If the Mayor and CommonCity Council determine to sell the bonds at public sale, before selling the bonds or any part thereof, the City Clerk shall give notice inviting sealed bids in such manner as the Mayor and CommonCity Council shall prescribe. If satisfactory bids are received, the bonds offered for sale shall be awarded, by resolution, to the highest responsible bidder. If no bids are received, or if the Mayor and CommonCity Council determine that the bids received are not satisfactory as to price or responsibility of the bidders, they may reject all bids received, if any, and either re-advertise or sell the bonds at private sale. (B) The purposes for which the proceeds of the bonds may be used may also include, without limitation, incidental expenses, such as engineering, appraisal, legal fees, bond counsel fees, financial consultant fees, land and rights-of-way acquisition, reserve funds and expenses of financing the district, if any, and expenses of all proceedings for the authorization, issuance and sale of the bonds or related thereto. (Ord. 3589, passed 7-6-1976) § 12.84.270 BONDS - ADDITIONAL SOURCES OF PAYMENT. The Mayor and CommonCity Council, in their sole discretion, may provide, in the resolution required by §§ 12.84.040 or 12.84.050 through 12.84.130, that bonds, both principal and interest, issued for the purposes provided for herein may be additionally payable from any legally available source of funds, including, without limitation, revenues derived from the operation of the public off-street parking places or grants from other governmental agencies to the city to be used for any of the purposes set forth herein. (Ord. 3589, passed 7-6-1976) Packet Page 1168 San Bernardino - Streets, Sidewalks and Public Places94 § 12.84.280 RENTAL OF FACILITIES. The city may acquire, construct, rent, lease, maintain, repair, manage and operate all or any portion of any real and personal property for the purpose of providing public off-street parking places and may provide by lease or otherwise with any person, firm, corporation or non-profit association or corporation for the management, operation, maintenance or repair of the public off-street parking places. (Ord. 3589, passed 7-6-1976) § 12.84.290 INCIDENTAL USE. (A) As an incident to the operation of any parking facility, the city may devote a portion of its property to uses such as retail stores, bus terminal, gasoline service station, helicopter landing area or any other commercial use, when, in its judgment, it is convenient or necessary to conduct or permit such use in order to utilize the property as a parking facility. Any such incidental use shall be secondary to the primary use as a parking facility, and the portion of the land devoted to the incidental use shall not exceed 25% of the surface area of the property. If a building is erected on the property for the purpose of parking motor vehicles, the incidental use of the building shall not occupy more than 25% of the floor area. (B) The Mayor and CommonCity Council shall use its best efforts to lease surplus space devoted to commercial purposes other than parking vehicles to any person, firm, corporation or non-profit association or corporation as the Mayor and CommonCity Council shall determine. (C) As an incidental use to a parking facility, foundations, platforms and other like structural forms may be constructed in any feasible manner, as an integral part thereof or otherwise, for provision or utilization of air rights sites for buildings to be used for, without limitation, residential, commercial or other uses; provided that the cost of such structural forms shall be recovered from the parties utilizing such air rights sites and used, as determined by the Mayor and CommonCity Council, to pay the costs of acquisition, construction, improvement, completion, repair, management, reconstruction, administration, maintenance or operation of the parking places involved or other parking places located within the city. (Ord. 3589, passed 7-6-1976) § 12.84.300 DISPOSITION OF PROPERTY. The Mayor and CommonCity Council, subject to the provisions of the City Charter, may determine that any parcel of property, or any improvements, extensions or replacements thereof or additions thereto, either acquired from the proceeds of the bonds or leased to the city with rents therefor derived from assessments levied pursuant to this chapter are no longer needed for off-street parking purposes or such facilities may be otherwise better provided. Subject to the provisions of the City Charter, and any restriction in the resolution providing for the issuance of any outstanding bonds relating to the facilities involved, the property may thereafter be sold, leased or otherwise disposed of, either during or after the term of the bonds and the proceeds placed in a fund as designated by the Mayor and CommonCity Council and used for the purposes of this chapter. (Ord. 3589, passed 7-6-1976; Ord. 3759, passed 9-13-1978) § 12.84.310 OTHER PROCEDURES. When proceedings are had under this chapter, its provisions may be supplemented by other proceedings or as otherwise provided in the resolution of intention, including, without limitation, provisions for credit for parking places made available for public or private uses pursuant to agreement with the city, credit for taxes or assessments paid to the city and used Packet Page 1169 Off-Street Public Parking 95 primarily for parking purposes, and the replenishment for Reserve Funds. (Ord. 3589, passed 7-6-1976; Ord. 3603, passed 9-20-1976) § 12.84.320 ASSESSMENT WITHOUT BONDS. In addition, or as an alternative to, the other provisions contained in Procedural Alternatives II or III, the Mayor and CommonCity Council may provide in the resolution of intention for the levy each year of an ad valorem assessment on all taxable real property or all taxable land, as the case may be, within the district to provide monies for all or any part of the costs and expenses of providing parking places prior to the issuance of bonds or without issuing bonds. The costs and expenses of providing parking places may include, but shall not be limited to, lease payments, the costs and expenses of operating, maintaining, repairing and improving the parking places, engineering fees, appraisal fees, legal fees, financial consultant fees, cost of land and rights-of-way acquisition, expenses of all proceedings for the formation of the district and all other costs and expenses for carrying out the purposes of this chapter. The rate of ad valorem assessment shall be fixed by the Mayor and CommonCity Council each year so as to produce sums required to pay the estimated costs and expenses mentioned above. The assessment shall be levied, collected and enforced in the same manner, at the same time and with the same penalties and interest, as in the case of taxes levied for the city. (Ord. 3589, passed 7-6-1976; Ord. 3603, passed 9-20-1976) ARTICLE II. PROCEDURAL ALTERNATIVE I § 12.84.330 GENERALLY. Any part or parts of the city may be created and operated as a district or districts for the acquisition, construction, improvement, completion, repair, management, reconstruction, administration, maintenance, operation and disposal of public off-street parking places; bonds to pay the cost thereof may be issued and paid; contributions may be made, covenants and agreements with the bondholders for the security and payment of such bonds may be made; and the Mayor and CommonCity Council shall have the powers, jurisdiction and authority all as now or hereafter provided in the Parking District Law of 1943 (herein called “1943 Act”), except as herein otherwise provided. (Ord. 3589, passed 7-6-1976) Statutory reference: Parking District Law of 1943, see Cal. Streets and Highways Code, Division 18, Part 1(commencing with § 31500) § 12.84.340 TWO PARKING DISTRICTS. Territory included in one parking district may be included in another parking district if the Mayor and CommonCity Council find that the territory will be benefitted by being included in the subsequent parking district. (Ord. 3589, passed 7-6-1976) § 12.84.350 ADMINISTRATION. The Mayor and CommonCity Council, in their discretion, may, by the adoption of a resolution, declare themselves to be the Parking Place Commission, with any and all powers and duties of Parking Place Commissioners as provided in the 1943 Act. (Ord. 3589, passed 7-6-1976) Statutory reference: Parking District Law of 1943, see Cal. Streets and Highways Code, Division 18, Part 1 (commencing with § 31500) § 12.84.360 ADDITIONAL COLLECTION PROVISION. The provisions of the Cal. Streets and Highways Code, §§ 8680 to 8688, inclusive, and §§ 8830 to Packet Page 1170 San Bernardino - Streets, Sidewalks and Public Places96 88358837, inclusive, shall apply to assessments levied hereunder. (Ord. 3589, passed 7-6-1976) § 12.84.370 TAX LEVY. Annually on or before June 30, the Mayor and CommonCity Council shall prepare an estimate of the expenditures required for the maintenance, operation, repair and improvement of the parking places under its charge for the ensuing fiscal year, and, in their discretion, required during that year for the acquisition of additional parking places, if any. The Mayor and CommonCity Council shall also estimate the amount, if any, of revenues to be derived from rentals, fees or charges for the use of the parking places and the amount, if any, to be raised by taxation. The amount to be raised by taxation for the acquisition of additional parking places shall be stated separately. At the time and in the manner for levying general taxes, the Mayor and CommonCity Council may levy and collect upon and against all of the taxable real property or land only, as the case may be, within the district at the rate determined by the Mayor and CommonCity Council, a special ad valorem tax sufficient to raise the sum of money estimated as required to be raised by taxation. (Ord. 3589, passed 7-6-1976) ARTICLE III. PROCEDURAL ALTERNATIVE II § 12.84.380 GENERALLY. Any part or parts of the city may be created and operated as a district or districts for the acquisition, construction, improvement, completion, repair, management, reconstruction, administration, maintenance, operation and disposal of public off-street parking places; bonds to pay the cost thereof may be issued and paid; revenues from on- and off-street parking facilities may be allocated and pledged; annual ad valorem assessments may be levied and collected; contributions may be made; covenants and agreements with the bondholders for the security and payment of such bonds may be made; and the Mayor and CommonCity Council shall have the powers, jurisdiction and authority all as now or hereafter provided in the Parking District Law of 1951 (herein called “1951 Act”), except as herein otherwise provided. (Ord. 3589, passed 7-6-1976) Statutory reference: Parking District Law of 1951, see Cal. Streets and Highways Code, §§ 35100 et seq. § 12.84.390 FINDINGS OF MAJORITY PROTEST. If the owners of taxable real property or taxable land, as the case may be, in the district having an assessed valuation of more than one-half of the assessed valuation of all taxable real property or all taxable land, as the case may be, in the district at the conclusion of the hearing have on file and have not withdrawn their written protests objecting to the formation of the district, the legislative body shall find that a majority protest has been filed, and no further proceedings shall be taken for a period of one year from the date of the decision of the Mayor and CommonCity Council on the hearing unless the protests are overruled by an affirmative vote of four-fifths of the members of the CommonCity Council in which event the proceedings may continue as if no majority protest had been made. Any person making a protest may withdraw the protest, in writing, at any time prior to the conclusion of the protest hearing. (Ord. 3589, passed 7-6-1976) § 12.84.400 MATURITY OF BONDS. The full amount of the bonds may be divided into two or more series and different dates fixed for the bonds of each series. The maximum term which the bonds of any series shall run before maturity shall not exceed 40 years from the date of the series. (Ord. 3589, passed 7-6-1976) § 12.84.410 ANNUAL ASSESSMENTS. The annual assessment provided for in the 1951 Packet Page 1171 Off-Street Public Parking 97 Act shall be computed on the basis of the formula set forth in the resolution of intention to form the district as originally adopted or as modified by subsequent change and modification or other proceedings conducted pursuant to this chapter or any other law, and the limitations upon the rate or period thereof provided in the Act shall not apply. If the assessed value of any parcel of property does not appear on the tax roll, an estimated assessed value of such parcel shall be made by the Director of Development Services in consultation with the County Assessor, and such estimate shall, for purposes of such ad valorem assessment, be considered the assessed value of such parcel. (A)Supplemental advances and levies. The provisions of the Cal. Streets and Highways Code, §§ 8800 to 8809, inclusive, shall apply to assessments levied hereunder if so stated in the resolution of intention. (B)Additional collection provisions. The provisions of the Cal. Streets and Highways Code, §§ 8680 to 8688, inclusive, and §§ 8830 to 88358837, inclusive, shall apply to assessments levied hereunder. (C)Charges. (1) The Mayor and CommonCity Council, or the City Parking Commission, as the case may be, may, by resolution, prescribe, revise and collect fees, tolls, rates, rentals and other charges (other than special assessments), including, but not necessarily limited to, service charges and standby charges for services or facilities furnished by the district; charges for the availability of the facilities of the district, regardless of whether the facilities are used or not; and minimum charges. Such charges shall be payable on a uniform and equitable basis by the owner of the property to which the facilities of the district are available, including the owners of publicly owned property. (2) Any delinquent charges and all penalties thereon when recorded as hereinafter provided shall constitute a lien on the real property to which the facilities of the district are available (except that no such lien shall be created against any publicly owned property), and such lien shall continue until the charge and all penalties thereon are fully paid or the property sold therefor. (3) All remedies provided for collection of due and unpaid charges which are provided in the Revenue Bond Law of 1941 of the state may be exercised to enforce payment of any charges levied under this article. (4) A resolution prescribing or revising such charges shall not be adopted until the Mayor and CommonCity Council or the Commission, as the case may be, has given notice of and held a hearing thereon substantially as provided in Cal. Gov’t Code, § 54354.5, being part of the Revenue Bond Law of 1941. (5) Any assessment levied against any parcel of real property pursuant to this article which is held by any court of competent jurisdiction to be invalid or unenforceable for any reason shall be deemed to be a charge under this article, and the amounts of any assessments levied and collected against other parcels in the district and not affected by said holding of invalidity shall be credited against any charges which might otherwise be payable by the owners thereof, to the end that no parcel in the district is charged both an assessment and a charge for the same facility. Any change and modification or other proceeding conducted for the purpose of levying assessments under this article shall comply with the notice and hearing requirement of Cal. Gov’t Code, § 54354.5. (Ord. 3589, passed 7-6-1976; Ord. MC-1027, passed 9-9-1998) Statutory reference: Parking District Law of 1951, see Cal. Streets and Highways Code, §§ 35100 et seq. Revenue Bond Law of 1941, see Cal. Gov’t Code, §§ 54300 et seq. § 12.84.420 ENLARGEMENT OF DISTRICT. The boundaries of the district heretofore or hereafter formed may be enlarged from time to time. Packet Page 1172 San Bernardino - Streets, Sidewalks and Public Places98 (A)Resolution of intention. The territory to be annexed shall be set forth in a resolution of preliminary determination and of intention to be adopted by the Mayor and CommonCity Council which shall give notice that the matter and all persons interested will be heard by the Mayor and CommonCity Council at a time to be stated therein. (B)Publication. The resolution shall be published twice in a newspaper of general circulation published in the city and posted as provided in § 12.84.070. (C)Hearing. The hearing may be adjourned, from time to time. At the hearing, the Mayor and CommonCity Council shall have the power to determine whether or not the entire territory, or only a portion thereof, to be annexed and the district will be benefitted by the annexation. (D)Order. The Mayor and CommonCity Council shall, by resolution, order the annexation of such territory, defining its boundaries therein. Its decision thereon shall be final and conclusive. (E)Ad valorem assessment. Thereafter, the property annexed shall be subject to special levies for maintenance and operation and for any bonds issued for the acquisition for construction of improvements, the same as are the properties already in the parking district. (Ord. 3589, passed 7-6-1976) § 12.84.430 ADDITIONAL PARKING PLACE PLEDGE. The Mayor and CommonCity Council may, at any time, pledge revenues from off-street parking places heretofore or hereafter acquired in other than the proceedings provided for herein in addition to those acquired in the proceedings. (Ord. 3589, passed 7-6-1976) § 12.84.440 MAYOR AND COMMONCITY COUNCIL AS PARKING PLACE COMMISSION. The Mayor and CommonCity Council, in their discretion, may, by the adoption of a resolution, declare themselves to be the Parking Place Commission with any and all powers and duties of Parking Place Commissioners as provided for in the 1951 Act. (Ord. 3589, passed 7-6-1976) Statutory reference: Parking District Law of 1951, see Cal. Streets and Highways Code, §§ 35100 et seq. § 12.84.450 PROVISION FOR RESIDENTIAL PROPERTY. (A) Should there be included in the district property used for residential purposes, including in said term single-family and multiple-unit residential property, regardless of the zoning applicable thereto, the same shall be exempt from the assessments levied hereunder, so long as such property is lawfully used for residential purposes, upon a finding by the Mayor and CommonCity Council that: (1) Such property is lawfully used for residential purposes; and (2) Such property has adequate off-street parking for the residential uses involved. (B) Each year, at the time of levying the assessment as provided in this chapter, such findings shall be reviewed, to the end that such exempt property will no longer be exempt and will be assessed: (1) When the use is changed from the exempt residential use; and/or Packet Page 1173 Off-Street Public Parking 99 (2) When the property, although still devoted to the same use, no longer has adequate off-street parking. (C) Should a particular parcel of real property have another use, in addition to the residential use, only the proportionate value thereof attributable to the residential use shall be exempt. (Ord. 3589, passed 7-6-1976) ARTICLE IV. PROCEDURAL ALTERNATIVE III § 12.84.460 GENERALLY. Whenever the Mayor and CommonCity Council deem it necessary to form an improvement district within the city and to issue bonds which shall be special obligations of and be issued on behalf of such improvement district, for the acquisition, construction, improvement, completion, repair, management, reconstruction, administration, maintenance, operation, disposal or financing of any or all works, improvements and facilities referred to in this chapter, they shall, by resolution, so declare the intention to form an improvement district and to issue such bonds. (Ord. 3589, passed 7-6-1976) § 12.84.470 CONTENTS OF RESOLUTION - INTENTION TO FORM DISTRICT. The resolution of intention shall state that the Mayor and CommonCity Council intend to form an improvement district of any portion of the city, which, in the opinion of the Mayor and CommonCity Council, will be benefitted by the acquisition and construction of certain improvements and to incur bonded indebtedness by the issuance of bonds on behalf of such improvement district. (Ord. 3589, passed 7-6-1976) § 12.84.480 RESOLUTION - PURPOSE OF DEBT - AMOUNT - PROPERTY TAXABLE TO PAY DEBT. The resolution of intention shall also state: (A) The purposes for which the proposed bonds are to be issued which may include any or all of the purposes stated in this chapter; (B) The estimated cost of the accomplishment of such purposes and the amount of bonds to be issued therefor, which may include incidental expenses, including, without limitation, engineering, appraisal, legal fees, bond counsel fees, financing consultant fees, land and rights-of-way acquisition, reserve funds and expenses of financing the district and expenses of all proceedings for the authorization, issuance and sale of the bonds or related thereto; (C) That the bonds shall not be general obligations of the city, nor shall the credit of the city or the property or revenue of any public utility owned by the city be pledged for the payment thereof; and that the bonds shall be special obligations of and be issued on behalf of the improvement district; and whether ad valorem assessments for the payment of the interest on the bonds and the principal thereof shall be levied upon the taxable real property or upon land only in the improvement district; and (D) The maximum interest rate which the bonds may bear, payable semi-annually, except that interest for the first year may be payable at the end of that year or at such time prior to the end of that year as may be determined in the resolution providing for the issuance of the bonds. (Ord. 3589, passed 7-6-1976) § 12.84.490 DIVISION OF DISTRICT INTO ZONES. If, in the judgment of the Mayor and CommonCity Council, varying benefits will be derived Packet Page 1174 San Bernardino - Streets, Sidewalks and Public Places100 by the different parcels of real property lying within the improvement district, the district may be divided into zones according to benefits. (A)Number. The district may be divided into as many zones, up to the total number of parcels of real property in the district as may be deemed necessary, and each zone shall be composed of and include all the real property within the district which will be benefitted in like manner. (B)Percentage. (1) The Mayor and CommonCity Council shall also determine the percentage of the sum to be raised each year by the levy and collection of the special assessment taxes in the district for the payments on the principal and interest of the bonds, which will be raised from the real property or land only, as the case may be, in each zone. (2) As an alternative, the Mayor and CommonCity Council may determine the percentage of assessed valuation of taxable real property or land only, as the case may be, within each zone which shall be used in computing the annual rate of ad valorem assessment within the district and to which the annual rate shall be applied. (C)Resolution of intention. When the district is divided into such zones, the resolution of intention shall so state, giving the percentages to be raised from the real property or land only, as the case may be, in each zone. (D)Designation. Each zone shall be designated by a different letter or number and shall be plainly shown on the map of the improvement district filed in the office of the City Clerk and referred to in the resolution of intention, either by separate boundaries, coloring or other convenient and graphic method, so that all persons interested may with accuracy ascertain within which zone any parcel of property is located. (E)Plat. It shall be sufficient in all cases where the improvement district is to be divided into such zones according to benefits if the resolution of intention states that fact and refers to the map for the boundaries and all details concerning the zones. (F)Changes in boundaries at hearing. At the hearing, the Mayor and CommonCity Council may eliminate, create or alter the boundaries of proposed zones in the manner provided for the alteration of the boundaries of the proposed district. (G)Subsequent changes in boundaries. If the Mayor and CommonCity Council, from time to time, determine that the public interest will be served thereby, they may, from time to time, add property to a zone or transfer property from a zone of lesser benefit to a zone of greater benefit, in the manner provided for enlarging the improvement district. (Ord. 3589, passed 7-6-1976) § 12.84.500 RESOLUTION - DESCRIPTION OF IMPROVEMENT MAP OF DISTRICT - AVAILABILITY FOR INSPECTION. The resolution of intention shall also state that such resolution, together with a general description of the proposed improvement and a map showing the exterior boundaries of the proposed improvement district with relation to the territory immediately contiguous thereto and to the proposed improvement, is on file with the City Clerk and is available for inspection by any person or persons interested. This map shall govern for all details as to the extent of the proposed improvement district. (Ord. 3589, passed 7-6-1976) § 12.84.510 RESOLUTION - TIME AND PLACE OF HEARING - WHO MAY BE HEARD. The resolution of intention shall also state: (A) The time and place for a hearing by the Mayor and CommonCity Council on the questions of the formation and extent of the proposed improvement Packet Page 1175 Off-Street Public Parking 101 district, the proposed improvement, the estimated cost and the amount of bonds to be issued; and (B) That at the time and place specified in the resolution any person interested will be heard; and that any holder of title to taxable real property or land only, as the case may be, within the proposed improvement district may file with the City Clerk at any time prior to the time set for the hearing thereon written protest to the formation of the proposed improvement district. (Ord. 3589, passed 7-6-1976) § 12.84.520 NOTICE OF HEARING - PUBLICATION - POSTING - MAILING. Notice of the hearing shall be given by publishing a copy of the resolution of intention once at least ten days prior to the time fixed for the hearing in a newspaper of general circulation published in the city. Such notice shall also be given by posting a copy of the resolution of intention in three public places within the proposed improvement district at least 15 days before the time fixed for the hearing. Such notice shall also be given by mailing a copy of the resolution of intention at least 15 days before the time fixed for the hearing to each holder of title to taxable real property within the proposed improvement district as such ownership is shown on the last equalized county assessment roll. The City Clerk shall cause all the above notices to be given. (Ord. 3589, passed 7-6-1976) § 12.84.530 HEARING - TIME AND PLACE - WHO MAY APPEAR - CONTINUANCE. At the time and place fixed in the resolution of intention, the Mayor and CommonCity Council shall proceed with the hearing. At the hearing, any person interested may appear and present any matters material to the questions set forth in the resolution of intention. The Mayor and CommonCity Council shall hear and pass upon all written protests filed by the holders of title to taxable real property or land, as the case may be, within the proposed improvement district. Such protests must be in writing, must contain a description of the property in which each signer thereof is interested, sufficient to identify the same and, if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property. The hearing may be continued, from time to time, by the Mayor and CommonCity Council. (Ord. 3589, passed 7-6-1976) § 12.84.540 CHANGE IN PURPOSE OF BOND AND AMOUNT. The Mayor and CommonCity Council may change the purposes for which the proposed bonds are to be issued, the estimated cost or the amount of the bonds. The Mayor and CommonCity Council may also change the boundaries of the proposed improvement district, but not so as to include any territory which will not, in their judgment, be benefitted by the proposed improvement. (Ord. 3589, passed 7-6-1976) § 12.84.550 NOTICE OF INTENTION TO MAKE CHANGE - PUBLICATION - POSTING - CONTENTS. The purposes, estimated cost or amount of bonds to be issued or the boundaries of the proposed improvement district shall not be changed by the Mayor and CommonCity Council, except after adoption by the Mayor and CommonCity Council of a resolution declaring their intention to order changes and fixing a time and place for a hearing on the changes. The resolution shall be published, posted and mailed in the same manner as set forth in § 12.84.480 for the original resolution of intention. The resolution shall state the purposes, estimated cost and debt as originally proposed, and as changed if such is the case, and that the exterior boundaries as originally proposed, and as changed, if such is the case, are set forth on maps on file with the City Clerk and that the map Packet Page 1176 San Bernardino - Streets, Sidewalks and Public Places102 showing the boundaries as changed shall govern for all details as to the extent of the proposed improvement district. (Ord. 3589, passed 7-6-1976) § 12.84.560 HEARING ON CHANGE - WHO MAY APPEAR - CONTINUANCE. At the time and place fixed in the resolution of intention to make changes, the Mayor and CommonCity Council shall proceed with the hearing. At the hearing, any person interested may appear and present any matters material to the matters contained in the resolution. Written protests to the proposed changes may be filed with the City Clerk by the holder of title to taxable real property or land, as the case may be, within the proposed improvement district at any time up to the hour set for hearing on the proposed changes in the same manner as set forth in § 12.84.480 for the original resolution of intention. The hearing may be continued, from time to time, by the Mayor and CommonCity Council. (Ord. 3589, passed 7-6-1976) § 12.84.570 PROTESTS BY HOLDERS OF TITLE TO ONE-HALF OF VALUE OF TAXABLE PROPERTY - RESOLUTION OF NECESSITY TO INCUR DEBT - CONTENTS. (A) If written protests are filed by the holders of title to one-half or more of the value of the taxable real property or taxable land, as the case may be, within the proposed improvement district, as shown by the last equalized assessment roll of the county, prior to the hearing on the resolution of intention or prior to the hearing on any proposed changes with respect thereto, and, if there remain on file protests representing one-half or more of the value of such taxable real property or taxable land, as the case may be, at the time the Mayor and CommonCity Council have concluded the hearing on the resolution of intention and any hearing on proposed changes with respect thereto, further proceedings shall not be taken, and the Mayor and CommonCity Council shall declare the proceedings abandoned unless the protests are overruled by an affirmative vote of four-fifths of the members of the CommonCity Council. If such protests do not remain on file at the conclusion of the hearing or hearings or if they are overruled by a four-fifths vote of the members of the CommonCity Council, the Mayor and CommonCity Council shall, by resolution, determine whether or not it is deemed necessary to form the improvement district and issue bonds which shall be special obligations of and be issued on behalf of the improvement district. (B) If the Mayor and CommonCity Council determine that it is necessary to form the improvement district and issue bonds, the resolution shall also state, in accordance with the prior proceedings: (1) The purposes for which the proposed bonds are to be issued; (2) The estimated cost of the accomplishment of such purposes and the amount of the proposed bonds; (3) That the exterior boundaries of the portion of the city which will be benefitted by the accomplishment of the purpose are set forth on a map on file with the City Clerk, which map shall govern for all details as to the extent of the improvement district; and (4) That such portion of the city set forth on the map shall thereupon constitute and be known by the name designated in the resolution. (Ord. 3589, passed 7-6-1976) § 12.84.580 DISAPPROVAL OF FORMATION RESOLUTION FOR DETERMINATION OF NO BENEFIT. If the Mayor and CommonCity Council find and determine that the area proposed to constitute the improvement district will not be benefitted thereby, Packet Page 1177 Off-Street Public Parking 103 the Mayor and CommonCity Council shall, by resolution, disapprove the formation. (Ord. 3589, passed 7-6-1976) § 12.84.590 EFFECTIVE DATE OF IMPROVEMENT DISTRICT - EFFECT OF DETERMINATIONS IN RESOLUTION. From and after the date the Mayor and CommonCity Council adopt the resolution forming the improvement district, the area named therein shall constitute the improvement district within the city bearing the name set forth in the resolution. The determinations made in the resolution forming the improvement district shall be final and conclusive. Any action or proceeding to attack, review, set aside, avoid the resolution or any of the proceedings, acts or determinations theretofore taken, done or made pursuant to this chapter shall not be maintained by any person unless such action or proceeding is commenced within 30 days of the adoption of such resolution. Thereafter, all persons are barred from such action or proceeding or any defense of invalidity of such resolution or of such proceedings, acts or determinations. (Ord. 3589, passed 7-6-1976) § 12.84.600 EFFECT OF FORMATION ON BOND PROCEEDINGS AND TAX LEVY. After the formation of the improvement district pursuant to this chapter, the Mayor and CommonCity Council may, by resolution, at such time or times as they deem proper, issue bonds on behalf of the improvement district, and thereafter all proceedings shall be limited and shall apply only to the improvement district, and assessments for the payment of the bonds and the interest thereon shall be levied upon the real property or land only, as determined in the resolution of intention, in the improvement district. (Ord. 3589, passed 7-6-1976) § 12.84.610 ISSUANCE OF BONDS BY RESOLUTION. The Mayor and CommonCity Council may, by resolution, at such time or times as they deem proper, issue bonds which shall be special obligations of and be issued on behalf of the improvement district for the whole or any part of the total amount authorized, and may, from time to time, provide for the issuance of such amounts as the necessity thereof may appear until the full amount of such bonds authorized has been issued. (Ord. 3589, passed 7-6-1976) § 12.84.620 SERIES OF BONDS - DIFFERENT MATURITY DATES - MAXIMUM TERM OF SERIES. The full amount of the authorized bonds may be divided into two or more series and different dates fixed for the bonds of each series. The maximum term which the bonds of any series shall run before maturity shall not exceed 40 years from the date of the series. (Ord. 3589, passed 7-6-1976) § 12.84.630 FORM OF BONDS AND COUPONS - TIME OF PRINCIPAL PAYMENTS. The Mayor and CommonCity Council shall, by resolution, prescribe the form of the bonds and of the coupons attached thereto, the conversion and registration privileges carried by the bonds and fix the time when the whole or any part of the principal shall become due and payable. (Ord. 3589, passed 7-6-1976) § 12.84.640 INTEREST RATE - PAYMENT DATES. The bonds shall bear interest at a rate or rates not to exceed the rate specified in the resolution of intention, payable semi-annually, except that interest for the first year may be payable at the end of that year or at such time prior to the end of that year as may be determined in the resolution providing for the issuance of the bonds. Packet Page 1178 San Bernardino - Streets, Sidewalks and Public Places104 (Ord. 3589, passed 7-6-1976) § 12.84.650 CALL AND REDEMPTION BEFORE MATURITY - PROVISION IN BOND. The Mayor and CommonCity Council may provide for the call and redemption of bonds prior to maturity at such times and prices and upon such other terms as they may specify. A bond shall not be subject to call or redemption prior to maturity unless it contains a recital to that effect. (Ord. 3589, passed 7-6-1976) § 12.84.660 DENOMINATION. The denomination of the bonds shall be stated in the resolution providing for their issuance. (Ord. 3589, passed 7-6-1976) § 12.84.670 PLACE OF PAYMENT. The principal and interest on the bonds shall be payable in lawful money of the United States at the office of the City Treasurer, or such other place or places as may be designated, or at either place or places at the option of the holder of the bond. (Ord. 3589, passed 7-6-1976) § 12.84.680 FORM OF BONDS - DATE - NUMBER - SIGNING AND COUNTERSIGNING - SEAL - MECHANICAL REPRODUCTION OF SIGNATURES. The bonds shall be dated, numbered consecutively, signed by the Mayor and City Treasurer, countersigned by the City Clerk, and the official seal of the city impressed, imprinted or reproduced thereon. The interest coupons of the bonds shall be signed by the Treasurer. All such signatures and counter-signatures may be printed, lithographed, or mechanically reproduced, except that one of the signatures or counter signatures to the bonds shall be manually affixed. Neither the Mayor, nor any members of the CommonCity Council, nor any other officer of the city executing the bonds, are liable personally thereon by reason of their issuance. (Ord. 3589, passed 7-6-1976) § 12.84.690 BONDS OF IMPROVEMENT DISTRICTS - STATEMENT OF LIMITATION ON LEVY. The bonds shall be special obligations of and be issued on behalf of the improvement district, and shall be designated in accordance with the prior proceedings. Each bond shall state, in substance, that the bond is not a general obligation of the city, nor is the credit of the city or the property or revenue of any public utility owned by the city pledged for its payment; and that the bond is a special obligation of and is issued on behalf of the improvement district; and that ad valorem assessments levied for the payment of the interest thereon and principal thereof shall be levied upon the taxable real property or land only, as the case may be, in the improvement district. (Ord. 3589, passed 7-6-1976) § 12.84.700 PAYMENT OF PROCEEDS INTO CITY TREASURY - SPECIAL IMPROVEMENT FUNDS - EXPENDITURE FOR PURPOSE OF DEBT - APPLICATION OF SURPLUS ON ACCOMPLISHMENT OF PURPOSE. The proceeds from the sale of bonds, except for premium and accrued interest, if any, shall be paid into the City Treasury, placed to the credit of a Special Improvement Fund, Debt Service Fund and any Reserve Fund; all as provided in the resolution providing for the issuance of the bonds and expended only in connection with the purpose for which the indebtedness was created. When such purpose has been accomplished, any monies remaining in the Special Improvement Fund may be transferred to the Debt Service Fund to be used for the payment of principal of and interest on the bonds or to any Reserve Fund established therefor. Premium and accrued interest, if any, shall be paid into the Treasury and placed to the credit of the fund to be used for the payment of the principal of and interest on the bonds. (Ord. 3589, passed 7-6-1976) Packet Page 1179 Off-Street Public Parking 105 § 12.84.710 INTEREST PAID FROM BOND PROCEEDS - MAXIMUM LIMITATION. Interest on the bonds coming due before the proceeds of a tax levied at the next general tax levy after the sale of the bonds are available, and/or interest on any bonds coming due before the expiration of one year following completion of the acquisition and construction of the works and improvements for which the bonds were issued, may be paid from the proceeds of the sale of the bonds as may be provided in the resolution providing for the issuance of the bonds. (Ord. 3589, passed 7-6-1976) § 12.84.720 BONDS - PAYMENT OF PRINCIPAL AND INTEREST. (A) At the time of making the general tax levy after the issuance of the bonds, as may be provided in the resolution providing for the issuance of the bonds, and annually thereafter until the bonds are paid or until there is a sum in the Treasury set apart for that purpose sufficient to meet all payments of principal and interest on the bonds as they become due, the Mayor and CommonCity Council shall cause an assessment to be levied upon all real property or land only, as the case may be, in the improvement district sufficient to pay the interest on the bonds and such part of the principal as will become due before the proceeds of such an assessment levied at the next general tax levy will be available and to provide a contingency reserve for delinquencies. Such assessment shall be levied and collected at the same time as other city taxes, and shall be used only for the payment of interest on and principal of the bonds. Assessments for the payment of such bonds shall constitute a lien on all of the taxable real property within the improvement district. Such liens shall be of the same force and effect as other liens for city taxes and their collection may be enforced by the same means as provided for the enforcement of liens for city taxes. (B) Nothing in this article shall be deemed to prevent the Mayor and CommonCity Council from using any lawfully available funds of the city, including, without limitation, those which are attributable to the improvement district, for payment of such principal and interest, and to the extent that such funds are in the treasury set apart for that purpose, the assessment required by this article need not be levied. For purposes of this article, the phrase “funds of the City which are attributable to the district includes without limitation, grants from other governmental agencies to the City on” behalf of the improvement district or venues raised by operation of the facilities constructed under this chapter within the improvement district. (Ord. 3589, passed 7-6-1976) § 12.84.730 ANNUAL ASSESSMENTS. The annual assessment provided for in this article shall be computed on the basis of the formula set forth in the resolution of intention to form the district as originally adopted or as modified by subsequent change and modification or other proceedings conducted pursuant to this chapter or any other law, and shall be, without limitation, upon the rate or period thereof. If the assessed value of any parcel of property does not appear on the tax roll, an estimated assessed value of such parcel shall be made by the Director of Development Services in consultation with the County Assessor, and such estimate shall for purposes of such ad valorem assessment be considered the assessed value of such parcel. (A)Supplemental advances and levies. The provisions of the Cal. Streets and Highways Code, §§ 8800 to 8809, inclusive, shall apply to assessments levied hereunder. (B)Additional collection provision. The provisions of the Cal. Streets and Highways Code, §§ 8680 to 8688, inclusive, and §§ 8830 to 88358837, inclusive, of the state shall apply to assessments levied hereunder. (C)Charges. Should the Mayor and CommonCity Council determine to prescribe, revise and collect fees, tolls, rates, rentals and other charges (other than special assessments), including, but not necessarily limited to, service charges and standby or maximum charges for services or facilities furnished by the district, charges for the availability of the facilities of the district regardless of whether the Packet Page 1180 San Bernardino - Streets, Sidewalks and Public Places106 facilities are used or not, the same shall be done by resolution. Such charges shall be payable on a uniform and equitable basis by the owner of the property to which the facilities of the district are available, including the owners of publicly owned property. Any delinquent charges and all penalties thereon when recorded as hereinafter provided shall constitute a lien on the real property to which the facilities of the district are available (except that no such lien shall be created against any publicly owned property), and such lien shall continue until the charge and all penalties thereon are fully paid or the property sold therefor. All remedies provided for collection of due and unpaid charges which are provided in the California Revenue Bond Law of 1941 (commencing with Cal. Gov’t Code, § 54300) may be exercised to enforce payment of such charges shall not be adopted until the Mayor and CommonCity Council have given notice of and held a hearing thereon substantially as provided in the Cal. Gov’t Code, § 54354.5, being part of the Revenue Bond Law of 1941. (Ord. 3589, passed 7-6-1976; Ord. 3603, passed 9-20-1976; Ord. MC-1027, passed 9-9-1998) § 12.84.740 EXEMPTION OF RESIDENTIAL PROPERTY. (A) Should there be included in the district property used for residential purposes, including in said term single-family and multiple-unit residential property, regardless of the zoning applicable thereto, the same shall be exempt from the assessments levied hereunder, so long as such property is lawfully used for residential purposes, upon a finding by the Mayor and CommonCity Council that: (1) Such property is lawfully used for residential purposes; and (2) Such property has adequate off-street parking for the residential uses involved. (B) Each year, at the time of levying the assessment as provided in this chapter, such findings shall be reviewed, to the end that such exempt property will no longer be exempt and will be assessed: (1) When the use is changed from its exempt residential use; and/or (2) When the property although still devoted to the same use no longer has adequate off-street parking. (C) Should a particular parcel of real property have another use, in addition to the residential use, only the proportionate value thereof attributable to the residential use shall be exempt. (Ord. 3589, passed 7-6-1976) ARTICLE V. PROCEDURAL ALTERNATIVE IV § 12.84.750 GENERALLY. Whenever the Mayor and CommonCity Council deem it necessary to form a parking authority (hereinafter referred to as “authority”) to operate within the city, the Mayor and CommonCity Council shall, by resolution, declare that there is a need for the authority to function in the city, and the authority shall have the powers, jurisdiction and authority all so now or hereafter provided in the Parking Law of 1949 (hereinafter referred to as the “1949 Act”) except as herein otherwise provided. (Ord. 3589, passed 7-6-1976) Statutory reference: Parking Law of 1949, see Cal. Streets and Highways Code, Part 2 (commencing with § 32500) § 12.84.760 ISSUANCE OF BONDS. The Mayor and CommonCity Council may authorize the authority to issue revenue bonds without first submitting the question of whether the city or the Packet Page 1181 Off-Street Public Parking 107 authority, or both, shall be authorized to adopt the revenue bond method of financing projects provided for in this section to the electors of the city. The Mayor and CommonCity Council shall make such authorization by ordinance. The ordinance shall describe, in general terms, the improvements or acquisitions to be funded by the revenue bonds and the maximum amount of the bonds proposed to be issued. Each such ordinance shall state that it is subject to the provisions for referendum applicable to the city. (Ord. 3589, passed 7-6-1976) § 12.84.770 REMEDIES FOR COLLECTION. All remedies provided for collection of due and unpaid charges which are provided in the California Revenue Bond Law of 1941 may be exercised to enforce payment of any charges levied under this section. A resolution prescribing or revising such charges shall not be adopted until the Mayor and CommonCity Council or the commission has given notice of and held a hearing thereon substantially as provided in the Cal. Gov’t Code, § 54354.5, being part of the Revenue Bond Law of 1941. (Ord. 3589, passed 7-6-1976) Statutory reference: Revenue Bond Law of 1941, see Cal. Gov’t Code, §§ 54300 et seq. ARTICLE VI. PROCEDURAL ALTERNATIVE V § 12.84.780 GENERALLY. Whenever the Mayor and CommonCity Council deem it necessary, in order to provide public off-street parking places or to otherwise perform the acts set forth in § 12.84.020, the Mayor and CommonCity Council shall have and may exercise all of the powers, jurisdiction and authority all as now or hereafter provided for in the Revenue Bond Law of 1941, except as herein otherwise provided. (Ord. 3589, passed 7-6-1976) Statutory reference: Revenue Bond Law of 1941, see Cal. Gov’t Code, §§ 54300 et seq. § 12.84.790 ISSUANCE OF BONDS. The Mayor and CommonCity Council may authorize the issuance of revenue bonds without first submitting to its qualified voters, at an election held for that purpose, the proposition of issuing bonds pursuant to the Revenue Bond Law of 1941. The Mayor and CommonCity Council shall make such authorization by ordinance. The ordinance shall describe, in general terms, the improvements or acquisitions to be funded by the revenue bonds and the maximum amount of the bonds proposed to be issued. Each such ordinance shall state that it is subject to the provisions for referendum applicable to the city. (Ord. 3589, passed 7-6-1976) Statutory reference: Revenue Bond Law of 1941, see Cal. Gov’t Code, §§ 54300 et seq. Packet Page 1182 San Bernardino - Streets, Sidewalks and Public Places108 Packet Page 1183 CHAPTER 12.88: HANG GLIDING Section 12.88.010 Definition - activity restricted except in certain places 12.88.020 Violation - penalty § 12.88.010 DEFINITION - ACTIVITY RESTRICTED EXCEPT IN CERTAIN PLACES. (A) It is unlawful for any person to engage in the activity of hang gliding in or over any place within the city limits except in those places recommended by the Director of Parks, Recreation and Community Services and approved by the Mayor and CommonCity Council. (B) As used in this chapter, HANG GLIDING means any activity whereby any person or persons glide, float or sail through the air in or on a hang glider. A HANG GLIDER means a glider, kite, hot air balloon, device or contrivance so constructed that it will carry a person on wind, air or human power. (Ord. 3704, passed 2-9-1978; Ord. MC-460, passed 5-15-1985) § 12.88.020 VIOLATION - PENALTY. Any person, firm or corporation violating or causing the violation of any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 3704, passed 2-9-1978; Ord. MC-460, passed 5-15-1985) 109 Packet Page 1184 San Bernardino - Streets, Sidewalks and Public Places110 Packet Page 1185 CHAPTER 12.90: ESTABLISHMENT, FINANCING AND OPERATION OF ASSESSMENT DISTRICTS Section 12.90.010 General statement 12.90.015 Landscape maintenance assessment district regulations 12.90.020 Provisions not exclusive 12.90.030 Definitions 12.90.040 Investigation and resolution 12.90.050 Zones 12.90.060 Changes in boundaries at hearing 12.90.070 Final determination of necessity and ordering work 12.90.080 Assessment financing alternatives 12.90.090 Assessment according to benefit 12.90.100 Engineer’s report 12.90.110 General provisions 12.90.120 Payment of construction assessment - discharge of lien 12.90.130 Changes 12.90.140 Violation - penalty § 12.90.010 GENERAL STATEMENT. (A) The Mayor and CommonCity Council find that, in order to provide an orderly procedure for the acquisition, construction, improvement, completion, repair, management, reconstruction, administration, maintenance, operation and disposition of public property, public places and public improvements; for the collecting of assessments to pay the cost thereof; for the making of contributions therefor; and for the making of covenants and agreements with the bondholders, if any, to secure payment of such bonds, if any, it is necessary that the city exercise the powers it has by virtue of being a home rule city and to provide such a procedure. The procedure provided for herein is to be an alternative to any others provided by, under or pursuant to the Charter, ordinances and code provisions of the city or the general laws of the state. (B) In addition to matters specified elsewhere in this chapter, the city is authorized to utilize assessment financing alternatives, including, without limitation, the following: (1) Acquire, by condemnation, purchase, gift, lease or any other means, property necessary or convenient for the improvement, including any property necessary or convenient for the opening, widening, straightening or extending of streets or alleys necessary or convenient for the improvement; (2) Improve any public places or public property within the district by the construction thereon of any improvements necessary or convenient for the purpose of the district; (3) Administer, maintain, operate or repair the improvement or provide therefor; (4) Collect fees or charges to pay all or any part of the cost of improving, repairing, maintaining or operating the improvement and of acquiring and improving additional properties necessary to the improvement; (5) Levy taxes and/or assessments to pay all or any part of the cost of improving, repairing, maintaining or operating the improvement and of acquiring and improving additional properties necessary to the improvement; (6) Employ engineers, attorneys, financial consultants and other persons necessary or convenient for the doing of any act authorized by this chapter; and (7) Do all acts and things necessary or convenient for the accomplishment of the purposes of this chapter. 111 Packet Page 1186 San Bernardino - Streets, Sidewalks and Public Places112 (Ord. MC-150, passed 4-7-1982) § 12.90.015 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT REGULATIONS. Within the limits of any City Landscape Maintenance Assessment District (hereinafter “Assessment District”) or upon any public improvement, facility or building located therein and owned or controlled by the city, it is unlawful for any person to: (A) Play or practice golf or use golf clubs in any area not designated for such use; (B) Operate any motor driven model airplane except in areas designated for such use; (C) Operate or park any motor vehicle as defined in the California Vehicle Code within any Assessment District except upon areas designated for such use; (D) Operate, drive or ride upon any bicycle, unicycle, tricycle, horse or any other animal in any Assessment District except in areas designated and posted specifically for such use; (E) Leave any garbage, trash, cans, bottles, papers or other refuse elsewhere than in the receptacle provided therefor; (F) Discharge or shoot any firearm, air gun, slingshot or bow and arrow except at places designated and posted specifically for such purposes; (G) Dig, remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof except a duly authorized city employee in the performance of his or her duty; (H) Remove any wood, turf, grass, soil, rock, sand, gravel or landscape sprinkler system or any part thereof from any Assessment District except a duly authorized city employee in the performance of his or her duty; (I) Cut, break, deface or disturb any rock, building, cage, pen, monument, sign, fence, structure, apparatus, equipment or property, or landscape sprinkler system or any part thereof except a duly authorized city employee in the performance of his or her duty; (J) Light or maintain any fire unless such fire is lighted and maintained only in a stove or fire circle or place provided for such purpose; (K) Throw rocks or waste matter in unauthorized places; (L) Camp, lodge or tarry overnight unless there are set aside certain places for this purpose; the provisions of § 12.68.020 prohibiting any person to be or remain in any public park between the hours of 10:00 p.m. of any day to 6:00 a.m. of the next succeeding day is adopted herein by reference and made applicable to Assessment Districts; or (M) Indulge in riotous, boisterous or indecent conduct; and no noisy, disorderly or offensive person shall be allowed within any Assessment District; the provisions of Chapter 9.32 prohibiting any person from drinking alcoholic beverages in a public place is adopted herein by reference. (Ord. MC-981, passed 9-18-1986) § 12.90.020 PROVISIONS NOT EXCLUSIVE. The provisions of this chapter are not exclusive. The Mayor and CommonCity Council shall have the power to provide other procedures or to follow district procedures now or hereafter provided by general law; provided, however, that whenever the city is acting pursuant to this chapter, the provisions of this chapter shall be controlling to the extent that they are in conflict with any of the provisions of said laws. (Ord. MC-150, passed 4-7-1982) § 12.90.030 DEFINITIONS. Unless the particular provision or the context otherwise requires, the definitions as contained in the Cal. Streets and Highways Code, §§ 5003 through 5024, inclusive, and § 22531 shall apply. (Ord. MC-150, passed 4-7-1982) Packet Page 1187 Establishment, Financing and Operation of Assessment Districts 113 § 12.90.040 INVESTIGATION AND RESOLUTION. (A)Findings required before ordering. Before ordering any acquisitions or improvements or both, or the creation of any district pursuant hereto, where the costs of said acquisitions or improvements, construction, completion, repair, management, reconstruction, administration, maintenance and/or operation are to be paid in whole or in part by special assessment or other special assessment taxes upon property, the Mayor and CommonCity Council shall find that the public convenience and necessity require such acquisitions, improvements, construction, completion, repair, management, reconstruction, administration, maintenance and/or operation in the manner provided in § 19, Article XVI of the California Constitution. (B)Preliminary determination of necessity and intention to proceed. A resolution of preliminary determination of necessity and intention to proceed (hereinafter referred to as resolution of intention) shall be adopted describing in general terms, the following: (1) The intention to proceed under this chapter; (2) The proposed improvements, acquisition, construction, completion, repair, management, reconstruction, administration, maintenance and/or operation involved; (3) The assessment financing alternative to be followed; (4) The assessment benefit procedure to be followed; (5) The estimated costs of such improvements, acquisition, construction, completion, repair, management, reconstruction, administration, maintenance or operation; (6) The amount, based upon the estimated costs, to be assessed against each particular parcel. This requirement may be satisfied by referencing the engineer’s report; (7) The maximum number of years such assessment shall be levied; (8) The maximum amount of bonds, if any, to be issued to finance the proposed improvements or acquisitions; (9) Whether any ongoing management, administration, maintenance or operation of the improvement will be required; (10) That such resolution, together with a general description of the proposed improvement and a map showing the exterior boundaries of the proposed improvement district with relation to the territory immediately contiguous thereto and to the proposed improvement, is on file with the City Clerk and is available for inspection by any person or persons interested. This map shall govern for all details as to the extent of the proposed improvement district; (11) The resolution shall also state the time and place for a hearing by the Mayor and CommonCity Council when and where any and all persons interested may appear and show cause, if any, why the Mayor and CommonCity Council should not find and determine that the public convenience and necessity require the formation of the proposed improvement district and the proposed acquisitions or improvements without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (hereinafter referred to as the “Act”); on the question of the estimated cost; the amount of bonds to be issued, if any; and the intention of the Mayor and CommonCity Council to proceed; and (12) The resolution shall also state that at the time and place specified in the resolution that any person interested will be heard; and, for the purpose of determining a majority protest, any holder of title to taxable real property within the proposed improvement district, acting individually or as part of a group, may file a protest. Any such protest must be filed in writing with the City Clerk, and shall include a description of the property in which the signer thereof is interested sufficient to identify the same. If the signers are not shown on the last equalized assessment roll as the owners of such property, such protest must be Packet Page 1188 San Bernardino - Streets, Sidewalks and Public Places114 accompanied by written evidence that such signers are the owners of such property. (C)Notice of hearing. Notice of hearing as set forth in the resolution shall be given as follows: (1) By publishing a copy of the resolution of intention once at least 15 days prior to the time fixed for the hearing in a newspaper of general circulation published in the city; (2) By posting a notice of the adoption of the resolution of intention on all open streets within the district at not more than 300 foot intervals, but not less than three in all, on each street so posted, at least 15 days before the time fixed for the hearing. No proceeding shall be held invalid for failure to post any street if this section has been substantially complied with. If the boundaries of the proposed assessment district include more than one-half square mile in area, posting requirements shall be satisfied by the City Clerk posting such notice conspicuously on or near the main door of the Council Chambers at least five days prior to the time fixed for the hearing. For such districts, no street posting shall be required; (3) By mailing a notice of the adoption of said resolution of intention at least 15 days before the time fixed for the hearing to each holder of title to taxable real property within the proposed improvement district as such ownership is shown on the last equalized county assessment roll. The notices posted and mailed shall conform to the Cal. Streets and Highways Code, §§ 5193 and 5195, respectively. The City Clerk shall cause all the above notices to be given; (4) At least 15 days before the time fixed for the hearing, the engineer shall record an Assessment District Boundary Map with the County Recorder, said map to conform to the requirements of Cal. Streets and Highways Code, § 3110; (5) The Mayor and CommonCity Council may proceed without notice and hearing if, when considering passage of the resolution of intention, it is determined by at least a four-fifths affirmative vote thereof (as determined in division (D) below) that all of the owners of lots or land liable to be assessed or their bona fide agents, have signed and filled a petition requesting the formation of the district, indicate that they have no objections to the proposed work or work and acquisition and agree as to the extent of the district to be assessed and waive notice and hearing; and (6) If the Mayor and CommonCity Council are proceeding pursuant to division (C)(5) above, the map required to be recorded, pursuant to division (C)(4) above, shall be recorded within five days after adoption of the resolution of intention. (D)Majority protest. The Mayor and CommonCity Council shall set forth, in the resolution of intention, the basis by which a determination shall be made whether a majority protest exists; possible bases may include, but shall not be limited to, determination based on land area, assessed valuation of real property, assessed valuation of land only or the number of property owners or any other suitable determinant. At the time set for hearing protests, the Mayor and CommonCity Council shall proceed to hear and pass upon all protests so made and its decision shall be final and conclusive. The Mayor and CommonCity Council may adjourn the hearing, from time to time. Any such protest may be withdrawn by any owner making the same, either in writing at any time prior to the conclusion of said protest hearing or any adjournment thereof, or orally on the record during a hearing. If the Mayor and CommonCity Council find that the written protests are made by persons who represent more than 50% of the property to be assessed for the improvements, as determined on the basis of the determining factor announced in advance, and protests are not withdrawn so as to reduce the same to less than a majority, no further proceedings shall be taken for a period of one year from the date of the decision of the Mayor and CommonCity Council on the hearing, unless the protests are overruled by action of the Mayor and CommonCity Council. Action to overrule a majority protest shall require not less than a four-fifths affirmative vote of the Council members present and voting; for this purpose, five affirmative votes of six voting, or six affirmative votes of seven voting shall be required. (Ord. MC-150, passed 4-7-1982; Ord. MC-349, passed 3-7-1984) Statutory reference: Packet Page 1189 Establishment, Financing and Operation of Assessment Districts 115 Special Assessment Investigation, Limitation and Majority Protest Act of 1931, see Cal. Streets and Highways Code, Division 4, §§ 2800 et seq. § 12.90.050 ZONES. (A)Generally. If, in the judgment of the Mayor and CommonCity Council, varying benefits will be derived by the different parcels of real property lying within the assessment district, the district may be divided into zones according to benefits. (B)Number. The district may be divided into as many zones, up to the total number of parcels of real property in the district, as may be deemed necessary, and each zone shall be composed of and include all the real property within the district which will be benefitted in like manner. (C)Resolution. When the district is to be divided into such zones, the resolution of intention shall so state. (D)Designation. Each zone shall be designated by a different letter or number and shall be plainly shown on the map of the assessment district filed in the office of the City Clerk and referred to in the resolution of intention, either by separate boundaries, coloring or other convenient and graphic method, so that all persons interested may with accuracy ascertain within which zone any parcel of property is located. (E)Plat. It shall be sufficient, in all cases where the improvement district is to be divided into such zones according to benefits, if the resolution of intention states that fact and refers to the map for the boundaries and all details concerning the zones. (Ord. MC-150, passed 4-7-1982) § 12.90.060 CHANGES IN BOUNDARIES AT HEARING. (A)Orders. Based on the evidence presented during any hearing, the Mayor and CommonCity Council may order changes in any of the matters provided in the resolution of intention, including changes in the improvements, the boundaries of the proposed assessment district and any zones therein and the proposed diagram map or the proposed assessment. The Mayor and CommonCity Council may, without further notice, order the exclusion of territory from the proposed district, but shall not order the inclusion of additional territory within the district except upon written request by a property owner for the inclusion of his or her property or upon the giving of mailed notice of hearing to property owners upon the question of the inclusion of their property in the district. (B)Hearing. The hearing regarding majority protest shall be conducted as announced in the resolution of intention, and any protests shall be filed in the manner specified in § 12.90.040(B)(12). (Ord. MC-150, passed 4-7-1982) § 12.90.070 FINAL DETERMINATION OF NECESSITY AND ORDERING WORK. (A) If no protests are made, or if any protests shall have been heard and overruled, the Mayor and CommonCity Council may adopt a resolution finding and determining that the public convenience and necessity require the proposed improvements and/or acquisitions, management, administration, maintenance and/or operation. Such resolution shall be referred to as “resolution ordering work.” Such resolution shall determine that the Act shall not apply, shall order the work, shall direct the City Clerk to advertise for bids and shall specify that the contract will be awarded pursuant to the standard procedures used by the city in the award of public works contracts. (B) The resolution ordering work shall be adopted by the affirmative vote of not less than four-fifths of the members of the CommonCity Council voting thereon, as in § 12.90.040, and any findings and determination so adopted shall be final and conclusive. (C) (1) Whenever the total amount bid by the lowest responsible bidder, plus the estimated amount of incidental costs exceed, by more than 15%, the engineer’s estimate of cost, as stated in the resolution of intention, the Mayor and CommonCity Council shall be consulted before further action is taken. The Packet Page 1190 San Bernardino - Streets, Sidewalks and Public Places116 Mayor and CommonCity Council may thereupon order any one of the following: (a) Re-advertise for proposals or bids for the performance of the work as in the first instance, without further proceedings; (b) Terminate the proceedings; or (c) 1. Notify the property owners within the district by mail of such increase and seek guidance from affected property owners. 2. Each affected property owner will be asked to express a preference as to: a. Accepting the bid as submitted; b. Rejecting the bid and re-advertising; and c. Terminating the proceedings. (2) If the proceedings are taken pursuant to division (C)(1)(c)1. above, existence of a majority protest as earlier provided for will be determined; if such majority protest is determined to exist, the Mayor and CommonCity Council shall utilize the procedures of § 12.90.040(D) herein, and proceed in accordance therewith. (Ord. MC-150, passed 4-7-1982) § 12.90.080 ASSESSMENT FINANCING ALTERNATIVES. (A) The Mayor and CommonCity Council shall determine which of various financing alternatives shall be utilized. (B) Alternatives available include the following. (1) The improvement and/or acquisition may be pre-funded by the city and the assessment levied, collected and enforced in the same manner, at the same time, and with the same penalties and interest, as in the case of taxes levied for the city, to secure repayment to the city of said pre-funding. (2) Bonds may be issued to finance the improvement and/or acquisition and the assessment may be levied, collected and enforced in the same manner, at the same time and with the same penalties and interest, as in the case of taxes levied for the city, to pay the premium and interest, if any, due on said bonds. If this assessment financing alternative is used, the city may retain bond counsel to provide the details of the issuance and repayment of said bonds. (3) Bonds may be issued before contracting or obtaining options for the purchase of land, property or rights-of-way to be acquired, if any, or obtaining a judgment in eminent domain for the acquisition thereof. (4) The financing for maintenance, repair, management, reconstruction, administration or operation of the district, if any, shall be included in the assessment roll for the improvement and/or acquisition, if any, and shall be the total cost for such maintenance, repair, management, reconstruction, administration or operation as estimated by the engineer for each fiscal year in which the assessment is to be levied and collected. (5) The provisions of the Cal. Streets and Highways Code, §§ 8800 to 8809, inclusive, shall apply to assessments levied hereunder. (Ord. MC-150, passed 4-7-1982) § 12.90.090 ASSESSMENT ACCORDING TO BENEFIT. (A)Assessment. After the adoption of the resolution ordering work, the engineer shall proceed to estimate as to all lots and parcels of land within the assessment district, as shown by the diagram map, the benefits arising from such work, and to be received by each such lot or parcel of land. He or she shall thereupon prepare an assessment roll for submission to the Mayor and CommonCity Council for confirmation, by resolution, which assesses upon and against the lands in the assessment district the total amount of the Packet Page 1191 Establishment, Financing and Operation of Assessment Districts 117 costs and expenses of such work and/or the cost of management administration, maintenance or operation of the improvement, if any, for the first year or for the term of the assessment. Such roll shall assess the total sum upon the several lots or parcels of land in the assessment district benefitted thereby, in proportion to the estimated benefits to be received by each of the several lots or parcels of land within the district or within each zone included in the district, if any. (B)Method of determining the assessment benefit. The method of determining the assessment benefit to be received by each of the said several lots or parcels of land within the district and/or zone shall be set forth in the resolution of intention, which may include, but shall not be limited to, land area, assessed valuation of real property, assessed valuation of land only or number of lots or parcels. (C)Assessment computation. The annual assessment provided for in this section shall be computed on the basis of the formula set forth in the resolution of intention originally adopted or as modified by subsequent change and modification or other proceedings conducted pursuant to this chapter or any other law, and the limitations upon the rate or period thereof provided in the Act (as defined in § 12.90.040(B)(11)) shall not apply. If the assessed value of any parcel of property does not appear on the tax roll, an estimated assessed value of such parcel shall be made by the Director of Development Services in consultation with the County Assessor, and such estimate shall, for purposes of such ad valorem assessment, be considered the assessed value of such parcel. (D)Subsequent year assessments. Except as otherwise provided by the issuance of bonds, the cost for the improvement and/or acquisition or management, administration, maintenance or operation of the improvement, if any, for any subsequent fiscal year during which an assessment is to be levied and collected within the assessment district pursuant to this chapter, shall be accomplished by preparing an assessment roll for submission to the Mayor and CommonCity Council for confirmation by resolution for each fiscal year in which the assessment is to be levied and collected, and shall constitute the levy of an assessment for the fiscal year referred to in the assessment. When a bond issue funds the costs involved, such assessments shall be levied and collected as specified in the bond authorizing resolution or ordinance. (Ord. MC-150, passed 4-7-1982; Ord. MC-1027, passed 9-9-1998) § 12.90.100 ENGINEER’S REPORT. (A) Prior to or at the time of the adoption of the resolution of intention, the engineer shall file a report with the City Clerk. When the report is filed with the City Clerk, the City Clerk shall present it to the Mayor and CommonCity Council for consideration. The Mayor and CommonCity Council may modify it in any respect. The report, as modified, shall stand as the report for the purpose of all subsequent proceedings except that it may be confirmed, modified or corrected as provided in this chapter. (B) The report shall be made available to the public for inspection and shall include, but shall not be limited to, the following: (1) A description of the type of improvement and/or acquisition; (2) An estimate of the cost of the improvement, including incidental costs, and/or the cost of the acquisition, if any, and the annual costs of management, administration, maintenance or operation of the improvement, if any; (3) A plat map indicating thereon the boundaries of the proposed assessment district; and (4) A proposed assessment roll showing the estimated individual assessments to be assessed against each parcel within the district for each year an assessment is to be levied and collected within the district. (Ord. MC-150, passed 4-7-1982) § 12.90.110 GENERAL PROVISIONS. The following general provisions shall apply to all proceedings taken hereunder. Packet Page 1192 San Bernardino - Streets, Sidewalks and Public Places118 (A)City initiation. The city may prepare a report, adopt a resolution of intention, form an assessment district or take any other action to provide the improvement and/or acquisition, construction, completion, repair, management, reconstruction, administration, maintenance or operation, without any petition therefor. (B)Contributions. Notwithstanding any other provision in this chapter, the Mayor and CommonCity Council may provide for a contribution or contributions by the city of part of the costs and expenses of the work or may accept and provide for contribution toward the cost and expenses of any work done under this chapter, from any funds made available for the purpose of the district by any local, state or national agency or authority, or from any other person or entity, and it shall not be necessary to set forth or give notice of such contribution in the resolution of intention or in any other proceedings under this chapter. Such notice may be given in the discretion of the Mayor and CommonCity Council. (C)Lapse of time. It shall not be necessary for any specified time to elapse between the performance of acts except as otherwise required by this chapter. (D)Resolution sufficient. The Mayor and CommonCity Council may act, by resolution, where an ordinance is specified by general law. (E)Assessment upon public property. Whenever proceedings are to be undertaken in accordance with this chapter, the Mayor and CommonCity Council may provide, in the resolution of intention, that any real property belonging to any county, city, public agency, school board, educational, penal or reform institution or institution for the feebleminded or the insane shall be assessed in accordance with the provisions of the Cal. Streets and Highways Code, §§ 5300 through 5325, inclusive. (F)Termination upon determination of no benefit. If the Mayor and CommonCity Council find and determine that the area proposed to constitute the assessment district will not be benefitted thereby, the Mayor and CommonCity Council shall terminate the proceedings. (G)Effective date; effect of determinations in resolution; limitation on actions. From and after the date the Mayor and CommonCity Council adopt the resolution of intention, the area named therein shall constitute the assessment district within the city bearing the name set forth in the resolution. The determinations made in the resolution forming the assessment district shall be final and conclusive. No action or proceeding to attack, review, set aside or void the resolution, or any of the proceedings, acts or determinations theretofore taken, done or made pursuant to this chapter, shall be maintained by any person unless such action or proceeding is commenced within 30 days after the adoption of such resolution. Thereafter, all such actions or proceedings, and any defense of invalidity of such resolution or of such proceedings, acts or determinations, are forever barred. (H)Disposition of property. The Mayor and CommonCity Council, subject to the provisions of the City Charter, may determine that any parcel of property acquired from the proceeds of the assessment district or any improvements, extensions or replacements thereof or additions thereto are no longer needed for the purpose of the assessment district or such facilities may be otherwise better provided. Subject to the provisions of the City Charter and restrictions in the resolution providing for the issuance of any outstanding bonds, if any, relating to the facilities involved, the property may thereafter be sold, leased or otherwise disposed of, either during or after the term of the assessment or bonds and the proceeds placed in a fund as designated by the Mayor and CommonCity Council and used for the benefit of the assessment district. (I)Assessment roll. Except as otherwise provided by the issuance of bonds, the assessment roll shall state the amount to be assessed upon each lot or parcel of land within the district and shall refer to said lots or parcels of land by their respective County Assessor’s parcel number as shown on the last equalized county assessment roll, and shall refer to the fiscal year to which it applies, and shall, upon its confirmation, be filed in the office of the Director of Development Services. When a bond issue funds the costs involved, such assessment roll procedures as are provided for in the bond-authorizing resolution or Packet Page 1193 Establishment, Financing and Operation of Assessment Districts 119 ordinance shall prevail. (J)Assessment diagram map. (1) Prior to the confirmation of the assessment roll by the Mayor and CommonCity Council, the Engineer shall file with the City Clerk and the Director of Development Services an assessment diagram map. Upon the confirmation of the assessment roll, the City Clerk shall record a notice of assessment, as provided in Cal. Streets and Highways Code, § 3114. Whereupon the said assessment shall attach as a lien upon the property assessed, as provided in Cal. Streets and Highways Code, § 3115. A copy of the notice of assessment so recorded shall be published pursuant to the Cal. Gov’t Code, § 6066. Notice of the recording of said assessment shall be given pursuant to the provisions of Cal. Streets and Highways Code, § 10404(a), (b) and (c) only. (2) The diagram map shall show the following: (a) The exterior boundaries of the assessment district; (b) The boundaries of any zones within the district; and (c) The lines and dimensions of each lot or parcel of land within the district and the relative location of the same to the work to be done. Each lot or parcel shall be identified by a distinctive number or letter. 1. The lines and dimensions of each lot or parcel of land shown on the diagram map shall conform to those shown on the County’s Assessor’s maps for the fiscal year in which the diagram map is prepared. The diagram map may refer to the County Assessor’s maps for a detailed description of the lines and dimensions of any lots or parcels, in which case, those maps shall govern for all details concerning the lines and dimensions of such lots or parcels. 2. Any changes in the lines and dimensions of any lot or parcel of land shown on the diagram map so filed with the City Clerk due to any lot splits or subdivisions which may occur in subsequent years need not be changed on the diagram map; however, such changes shall be reflected in the assessment roll for each subsequent year. (K)Dissolution of assessment district. Upon completion of the term for the collection of assessments within the district as set forth in the resolution of intention, the confirmation and collection of the final assessment, or upon adoption of a resolution dissolving the district, the district shall automatically dissolve and shall no longer be binding upon the property within the district. (L)District not exclusive. The formation of an assessment district pursuant to this chapter within any area of the city shall not be exclusive. The Mayor and CommonCity Council shall have the authority to create any number of districts within the same area, subject to the provisions of this chapter. (Ord. MC-150, passed 4-7-1982; Ord. MC-1027, passed 9-9-1998) § 12.90.120 PAYMENT OF CONSTRUCTION ASSESSMENT - DISCHARGE OF LIEN. The owner of or any person interested in any lot or parcel of land upon which an assessment for construction has been levied under the terms of this chapter may, at any time before commencement of proceedings for sale, pay off the assessment and discharge the land involved from the lien of the assessment. The discharge may be had by paying to the Treasurer the unpaid principal sum of the assessment, with interest thereon (if any) up to the next succeeding July 1. As used in this section, UNPAID PRINCIPAL SUM means those installments of principal that are due to be paid at future dates through the term of the assessment. This provision shall not apply to any maintenance assessment. (Ord. MC-150, passed 4-7-1982) § 12.90.130 CHANGES. Any change of work, boundaries of assessment district, amounts of assessments or proceedings taken pursuant to this chapter after the hearing of protests on Packet Page 1194 San Bernardino - Streets, Sidewalks and Public Places120 the resolution of intention shall be conducted under the provisions of Cal. Streets and Highways Code, §§ 10350 through 10358. (Ord. MC-150, passed 4-7-1982) § 12.90.140 VIOLATION - PENALTY. Any person, firm or corporation violating or causing the violation of any provision of § 12.90.015 is guilty of an infraction or a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. MC-981, passed 9-18-1996) Packet Page 1195 CHAPTER 12.92: CONSTRUCTION AND MAINTENANCE OF SIDEWALKS, CURBS AND DRIVEWAYS Section 12.92.010 Scope and definitions 12.92.020 Adoption of state statutes by reference 12.92.030 Duty to remove abandoned driveways and reconstruct appurtenant areas 12.92.035 Removal of curbs and gutters 12.92.040 Duty to maintain and repair sidewalks and curbs 12.92.050 Duty to construct 12.92.060 Service and contents of notice 12.92.070 Hearing and assessment of costs 12.92.080 Reserved 12.92.090 Limitation of actions § 12.92.010 SCOPE AND DEFINITIONS. (A) This chapter shall apply to the maintenance, repair, construction, reconstruction or removal of sidewalks, gutters, pavements, driveways and curbs; the installation of storm and sanitary drainage facilities, water mains, pipes, conduits, tunnels, hydrants and other necessary works and appliances for providing water service, parkway trees and street lighting facilities in front of properties in any block where a sidewalk, gutter, pavement, driveway; the installation of storm and sanitary sewer drainage facilities, water mains, pipes, conduits, tunnels, hydrants and other necessary works and appliances for providing water service, parkway trees and street lighting facilities, or curb, or all of them. (B) This chapter shall apply to property fronting on, or otherwise adjacent to, or in conjunction with, any street, arterial or collector street section. (C) This chapter shall apply to driveway construction, reconstruction or removal and curb infill in front of a vacant lot, unimproved property or where an existing driveway no longer serves any development on a lot or property. (D) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BLOCK. Property facing one side of any street between the next intersecting streets or between the terminus of a dedicated right-of-way of a street and an intersecting street. Street does not include an alley or other right-of-way, unless it is of the same width as a regular residential minimum-width street, approved as part of a master plan of circulation or streets by the city. In the case of an alley, BLOCK means property facing both sides of any alley between the next intersecting streets or alleys, or between the terminus of an alley and an intersecting street. In the case of street lighting, BLOCK means property facing the side of any street on which the improvement is to be constructed between the next intersecting streets on the side to be improved or between the terminus of a dedicated right-of-way of a street and a street intersecting the side to be improved; or property facing the side of any street on which the improvement is to be constructed between the next intersecting streets on the side to be improved or between the terminus of a dedicated right-of-way of a street and a street intersecting the side to be improved and the property facing the opposite side of the street. Where a BLOCK exceeds 1,000 feet in length, a length of frontage of 1,000 feet constitutes a BLOCK as used in this chapter, if so designated by the Director of Development Services. A determination by the Director of Development Services of such a 1,000-foot BLOCK establishes a BLOCK and cannot later be changed to include a portion of said 1,000-foot BLOCK in another BLOCK. 121 Packet Page 1196 San Bernardino - Streets, Sidewalks and Public Places122 COST, CONSTRUCTION COST or variants thereof. The actual cost of construction of the work and any incidental or administrative expenses. DRIVEWAY. A paved portion of a public street providing an unobstructed passage from the roadway to an off-street area used for driving, servicing, parking or otherwise accommodating motor vehicles. FRONTING and FACING. Abutting in the case of property adjoining an alley improvement. In the case of street lighting, in determining how much of the front footage of a block has been improved, the front footage of property benefitting from existing installations may be included regardless of the side of the street on which the installation has been constructed. SIDEWALKS or CURBS. Includes gutters, driveways, pavement to the center line of the street, full pavement in alleys, storm and sanitary drainage facilities, water mains, pipes, conduits, tunnels, hydrants and other necessary works and appliances for providing water service, paving to provide a parking lane on arterial or collector street sections, parkway trees and street lighting facilities. SUPERINTENDENT OF STREETS. The Director of Development Services of the City of San Bernardino, or his or her designee. (E) This chapter shall apply to the removal of existing curbs and gutters, and construction of new curbs and gutters and fill-in street paving, as required to match adjoining curb alignments, for parcels with a frontage of less than 300 feet. (Ord. MC-691, passed 12-19-1989; Ord. MC-796, passed 7-2-1991; Ord. MC-1027, passed 9-9-1998) § 12.92.020 ADOPTION OF STATE STATUTES BY REFERENCE. The rules, regulations and procedures as set forth in the Cal. Streets and Highways Code, Division 7, Part 3, Chapters 22, 24 and 27 are adopted by reference except as modified by this chapter. (Ord. MC-691, passed 12-19-1989) § 12.92.030 DUTY TO REMOVE ABANDONED DRIVEWAYS AND RECONSTRUCT APPURTENANT AREAS. (A) When the owners of lots or portions of lots fronting on any portion of a public street have driveways existing which no longer serve any improvements on said lot or parcel of property, the owners shall remove and eliminate the driveways and construct or reconstruct sidewalks, curbs and parkways in conformance with the remainder of the block. (B) When the Director of Development Services finds any such abandoned driveways, the Director of Development Services shall notify the owners of the property to remove the abandoned driveways and to reconstruct the appurtenant areas. (Ord. MC-691, passed 12-19-1989; Ord. MC-1027, passed 9-9-1998) § 12.92.035 REMOVAL OF CURBS AND GUTTERS. (A) (1) For any lot with a total frontage of less than 300 feet on a public street where that lot’s existing curbs and gutters do not match adjoining sections, the owner of such lot shall remove the existing curbs and gutters and other appurtenant improvements in conflict and shall construct new curbs and gutters and other appurtenant improvements which are aligned with the adjoining sections. For corner lots, the parcel on the other side of the intersecting street shall be considered as an adjoining section. (2) These improvements will be required only if the existing dedicated right-of-way for street and highway purposes will accommodate the relocation of the curbs and gutters, except for minor amounts required to allow construction of standard handicap ramps at intersections. (B) When the Director of Development Services finds any such improvements adjoining any lots or portions of lots that need to be widened to match adjoining sections, the Director of Development Services shall notify the owners of the property to Packet Page 1197 Construction and Maintenance of Sidewalks, Curbs and Driveways 123 remove the existing improvements and construct new improvements, in conformance with the remainder of the block. (Ord. MC-796, passed 7-2-1991; Ord. MC-1027, passed 9-9-1998) § 12.92.040 DUTY TO MAINTAIN AND REPAIR SIDEWALKS AND CURBS. (A) The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk and curb in such condition that the sidewalk and curb will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in its use. (B) When the Director of Public Services finds any sidewalks or curbs out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in its use, the Director of Public Services shall notify the owners of the property fronting on that portion of such sidewalk or curb so out of repair to repair the sidewalk or curb. (Ord. MC-691, passed 12-19-1989; Ord. MC-1027, passed 9-9-1998; Ord. MC-1274, passed 7-22-2008) § 12.92.050 DUTY TO CONSTRUCT. (A) The owners of lots or portions of lots fronting on any public street or place when the street or place has been improved by the construction of sidewalks or curbs for a total frontage of more than 50% on one side of such street or place in any block, or where a petition signed by the owners of more than 60% of the front footage of any part of an unimproved portion or portions of a block has been filed with the City Clerk requesting the installation of such improvements in front of said part, or whenever the city, upon its own motion, orders the installation of such improvements in front of said part, shall have the duty of constructing or causing the construction of sidewalks or curbs in front of their properties upon notice so to do by the city. (B) When the Director of Development Services finds that sidewalks or curbs have been constructed in front of properties constituting more than 50% of the frontage in any block, or where a petition signed by the owners of more than 60% of the front footage of the block has been filed with the City Clerk requesting the installation of such improvements, or whenever the city, upon its own motion, has ordered the installation of such improvements in front of said part, said Director of Development Services shall notify the owners of the property fronting on that portion of the street in such block in which no sidewalks or curbs have been constructed theretofore, to construct or cause to be constructed sidewalks or curbs in front of their property. (Ord. MC-691, passed 12-19-1989; Ord. MC-1027, passed 9-9-1998) § 12.92.060 SERVICE AND CONTENTS OF NOTICE. (A) Notice to construct, repair, maintain, remove or reconstruct sidewalks, curbs or driveways may be given by delivering a written notice personally to the owner of the property or to the person in possession of the property facing upon the sidewalks, curbs or driveways to be improved or by mailing a written notice to the owner of the property thereof at his or her last known address as appears on the tax assessment rolls of mailing a written notice to the owner of the property thereof at his or her last known address as appears on the tax assessment rolls of the county. Immediately upon mailing the notice, the property shall be posted in a conspicuous place. (B) The notice shall particularly specify what work is required to be done, where standard construction drawings may be obtained showing how it is to be done and what materials shall be used in the construction and shall further specify that if a permit is not obtained and the construction is not commenced within 60 days after notice is given and diligently and without interruption prosecuted to completion, the Director of Development Services shall cause the construction to be done, and the cost of the same shall be a lien on the property. However, upon petition by Packet Page 1198 San Bernardino - Streets, Sidewalks and Public Places124 all of the affected property owners, the 60-day period may be waived and the Director of Development Services may immediately cause the construction to be done, and the cost of the same shall be a lien upon the property. (C) The notice shall specify the day, hour and place when the Mayor and CommonCity Council will hear objections or protests, if any, which may be raised by any property owner or other interested persons, but in no case shall such hearing be sooner than ten days after giving notice. Upon the day and hour fixed for the hearing, the Mayor and CommonCity Council shall hear and pass upon objections or protests and their decision shall be final and conclusive. (D) If the required improvements are not commenced and prosecuted to completion with due diligence as required by the notice, the Director of Development Services shall forthwith make the required improvements. (Ord. MC-691, passed 12-19-1989; Ord. MC-1027, passed 9-9-1998) § 12.92.070 HEARING AND ASSESSMENT OF COSTS. (A) Upon the completion of the improvements, the Director of Development Services shall cause notice of the cost of the improvements to be given in the manner specified in § 12.92.060, except for posting, said notice shall specify the day, hour and place when the Mayor and CommonCity Council will hear and pass upon a report by the Director of Development Services of the cost of the improvements, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such improvements and any other interested persons. In no case shall the hearing provided for in this section be sooner than ten days after giving of notice. (B) The cost of the improvements may include administrative expenses required for the proper coordination and functioning of the improvements in front of the parcel as determined by the Mayor and CommonCity Council. (C) Upon the day and hour fixed for the hearing, the Mayor and CommonCity Council shall hear and pass, upon the report of the Director of Development Services, together with any objections or protests which may be raised by any of the property owners liable to be assessed for such construction and any other interested persons. Thereupon, the Mayor and CommonCity Council may make such revision, correction or modifications in the report as it may deem just, after which, by resolution, the report, as submitted, or as revised, corrected or modified, shall be confirmed. The Mayor and CommonCity Council may adjourn the hearings from time to time. The decisions of the Mayor and CommonCity Council, on all protests and objections which may be made, shall be final and conclusive. (D) Upon confirmation of the above report, the Mayor and CommonCity Council may order the notice of lien to be turned over to the accounting officer of the city, whereupon it shall be the duty of this officer to have the amount of the assessment added to the next regular bill for taxes levied against the lot or parcel of land. If the city taxes are collected by the county officials, the notice of lien shall be delivered to the County Auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the County Auditor before the date fixed by law for the delivery of the assessment book to the County Board of Equalization. (Ord. MC-691, passed 12-19-1989; Ord. MC-1027, passed 9-9-1998) § 12.92.080 RESERVED. [Reserved] (Repealed by Ord. MC-737, passed 7-16-1990) § 12.92.090 LIMITATION OF ACTIONS. (A)Time. No action, suit or proceeding to set aside, cancel, avoid, annul or correct any assessment or reassessment, or to review any of the proceedings, acts or determinations therein, or to question the Packet Page 1199 Construction and Maintenance of Sidewalks, Curbs and Driveways 125 validity of, or to enjoin the collection of the assessments or reassessments, or to enjoin the issuance of bonds to represent the same, shall be maintained by any person unless such action is commenced within 30 days after the recording of the warrant, diagram and assessment or reassessment, and thereafter, all persons shall be barred from any such action or any defense of invalidity of the assessment or of bonds issued thereon or of the reassessment if such is made and of bonds issued thereon. (B)Property unlawfully dedicated or acquired. No proceedings taken or had under this division (B) shall ever be held to be invalid on the ground that the street, right-of-way, public property or any portion thereof, upon which the work or any part thereof is or was done has not been lawfully dedicated or acquired; provided the same is lawfully dedicated or acquired, or an order for possession prior to judgment has been obtained. (Ord. MC-691, passed 12-19-1989) Packet Page 1200 San Bernardino - Streets, Sidewalks and Public Places126 Packet Page 1201 CHAPTER 12.93: CITY PARTICIPATION IN SIDEWALK/CURB REPAIR AND SEWER CONNECTION COSTS Section 12.93.010 Participation by city 12.93.020 Administration § 12.93.010 PARTICIPATION BY CITY. (A) Notwithstanding other provisions of this code, the California Streets and Highways Code or any other provision of law, the city, at its discretion, may contribute up to 100% of the costs to be paid by the property owner for repair or installation of sidewalk, curb, gutter, paved parkway improvements, infilling of curb depressions or driveway approaches excluding improvements projects constructed under Chapter 12.92. The Public Services Director shall determine when to contribute up to 100% based on the cost of the repair, the ability of the property owner to pay and the cooperation exhibited by the property owner; provided that the property owner executes and delivers to the Public Services Director a waiver and release in a form approved by the City Attorney, or his or her designee. Such determination shall be subject to appeal to the Mayor and CommonCity Council pursuant to Chapter 2.64. (B) Notwithstanding other provisions of this code, the California Streets and Highways Code or any other provision of law, the city, at its discretion, may waive 50% of the installation costs to be paid by the property owner for connection of the sewer line from the lateral to the property line for an existing owner-occupied single-family residence when installed by the Public Services Department. The Public Services Director shall determine when to waive the 50% based on the cost of the installation, the ability of the property owner to pay and the length of time the owners of the property have paid a monthly sewer service charge; provided that the property owner executes and delivers to the Public Services Director a waiver and release in a form approved by the City Attorney, or his or her designee. Such determination shall be subject to appeal to the Mayor and CommonCity Council pursuant to Chapter 2.64. (Ord. MC-737, passed 7-16-1990; Ord. MC-778, passed 4-16-1991; Ord. MC-1274, passed 7-22-2008) § 12.93.020 ADMINISTRATION. The Director of Public Services may promulgate written procedures, regulations, guidelines and fees pertaining to the implementation of this chapter. Such procedures, regulations, guidelines and fees shall not become effective until approved by resolution by the Mayor and CommonCity Council. (Ord. MC-737, passed 7-16-1990) 127 Packet Page 1202 San Bernardino - Streets, Sidewalks and Public Places128 Packet Page 1203 CHAPTER 12.94: IMPROVEMENT DISTRICTS Section 12.94.010 Definitions 12.94.020 Issuance of bonds - administrative fee 12.94.030 Advance of estimated costs - reimbursement of expenses of surplus § 12.94.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 1911 ACT. Refers to “the Improvement Act of 1911,” Cal. Streets and Highways Code, Division 7, being §§ 5000 et seq. 1913 ACT. Refers to “the Municipal Improvement Act of 1913,” Cal. Streets and Highways Code, Division 12, §§ 10000 et seq. 1915 ACT. Refers to “the Improvement Bond Act of 1915,” Cal. Streets and Highways Code, Division 10, being §§ 8500 et seq. DEVELOPER-REQUESTED IMPROVEMENT DISTRICT. Any improvement district where a developer representing a majority in interest of the owners of the land affected requests that the city form such district to enable such owners to develop a new subdivision or parcel map of any type or undertake enlargement, development, expansion or change of use of existing commercial or industrial development. Whether a particular developer represents a majority in interest of the owner shall be determined by the Director of Development Services. IMPROVEMENT DISTRICT. Any assessment district created by action of the Mayor and CommonCity Council for the purpose of funding curbs, gutters, streets, storm sewers, sanitary sewers, water mains and other public improvements necessary or convenient for the purpose of the district being formed. Public improvements shall include, but shall not be limited to, those itemized in Cal. Streets and Highways Code, §§ 5101, 8570 and 10100. (Ord. MC-149, passed 4-7-1982; Ord. MC-1027, passed 9-9-1998) § 12.94.020 ISSUANCE OF BONDS - ADMINISTRATIVE FEE. For any developer-requested improvement district in which the improvements are to be financed by issuance of assessment district bonds, bonds may be authorized and issued by authority of the Mayor and CommonCity Council under the provisions of the 1911 Act, the 1913 Act, the 1915 Act or any other state law or any ordinance or provision of the municipal code, as the Mayor and CommonCity Council may determine. For any such issuance, an administrative fee of 1% of the total bond issue shall be paid to the city’s Assessment District Reserve Fund to be used exclusively for the financing of assessment districts as authorized by the Mayor and CommonCity Council. Such fee shall be paid out of the proceeds of the sale of the bonds, and shall be in addition to any other applicable fees, charges or incidental expenses. (Ord. MC-149, passed 4-7-1982; Ord. MC-467, passed 7-16-1985) § 12.94.030 ADVANCE OF ESTIMATED COSTS - REIMBURSEMENT OF EXPENSES OF SURPLUS. Prior to the adoption of a resolution of intention relative to any developer requested improvement 129 Packet Page 1204 San Bernardino - Streets, Sidewalks and Public Places130 district, the developer representing the owner or owners of the property therein shall advance to the city the estimated costs of organizing, engineering and developing the proposed assessment district, in such amount and payable at such times as the Director of Development Services shall designate. Such advancement of funds shall be utilized solely for the expenses of organizing, engineering and developing the proposal for such district. In the event the district fails at the public hearing or is otherwise terminated for any reason, or the bonds are not sold, such portion of the advancement representing actual costs to the city in preparing for such improvement district, including administrative costs, shall be held by the city, as reimbursement for such expense, and any surplus remaining shall be returned to the person or persons depositing such funds. If the improvement district is finalized and bonds are sold, the expenses shall be reimbursed to the city from bond proceeds; and the entire amount deposited shall be returned to the person or persons depositing such funds. (Ord. MC-149, passed 4-7-1982; Ord. MC-1027, passed 9-9-1998) Packet Page 1205 CHAPTER 12.95: SUBSTANDARD DRIVEWAY APPROACHES Section 12.95.010 Substandard driveway approaches: city participation 12.95.020 Eligible projects 12.95.030 Work performed § 12.95.010 SUBSTANDARD DRIVEWAY APPROACHES: CITY PARTICIPATION. Notwithstanding other provisions of this code, the California Streets and Highways Code or any other provision of law, the city, at its discretion, may contribute 50% of the cost incurred for removal and reconstruction of substandard driveway approaches as provided in this chapter. (Ord. MC-854, passed 11-17-1992) § 12.95.020 ELIGIBLE PROJECTS. Eligible projects for city participation of one-half the cost shall be only those driveway approaches which exit onto arterial or collector streets and which have been found by the Director of Development Services to not be in accordance with the Department of Development Services’ Standard Drawing No. 203. (Ord. MC-854, passed 11-17-1992; Ord. MC-1027, passed 9-9-1998) § 12.95.030 WORK PERFORMED. The work hereunder may be performed by a private contractor engaged by the property owner or, by the city, at the discretion of the Director of Development Services and following application to the Development Services Department for participation in the program. (A) An application for work to be performed may be initiated by either the city or the property owner. (B) Applications, outlining the work to be performed, shall be completed on forms to be provided by the Development Services Department. (C) The Director of Development Services, upon finding that an application is consistent with the intent of this chapter, shall have an inspection made of the project; estimate the cost of the work; and advise the property owner of the dollar amount of the city’s one-half contribution. (D) If the Director of Development Services makes a determination that the city shall perform the work, the property owner shall deposit the sum determined pursuant to division (A) above with the Development Services Department, prior to the work being performed. The Director of Development Services shall determine time frame for such payment and if the property owner shall have not made such deposit, within such time frame, then that property shall be dropped from the project. (E) If the Director of Development Services makes a determination that the property owner may perform the work, then the property owner, or his or her private contractor, must obtain a no cost public works construction permit. Following final inspection and approval of the work by the city, and upon the presentation of receipted bills or invoices, the Director of Development Services shall authorize 50% of the actual cost of the project, or the sum determined pursuant to division (C) above, whichever is less, to be paid to the property owner. (F) The Director of Development Services may initiate the removal and reconstruction hereunder by mailing a letter to the property owner advising of the 131 Packet Page 1206 San Bernardino - Streets, Sidewalks and Public Places132 city’s participation program and enclosing an application form. In the event a property owner fails to respond or declines to participate in the program within 15 days after the date of the notice, all proceedings will terminate. (G) Any unforeseen necessary extra work which may arise during such removal and reconstruction or caused by such removal and reconstruction shall be shared equally by the property owner and the city. (Ord. MC-854, passed 11-17-1992; Ord. MC-1027, passed 9-9-1998) Packet Page 1207 CHAPTER 12.96: INSTALLATION AND MAINTENANCE OF LANDSCAPED FRONTAGES ON CITY RIGHTS-OF-WAY AND WITHIN THE BUILDING SETBACK AREA UP TO A MAXIMUM OF TWENTY FEET Section 12.96.010 Scope and definitions 12.96.030 Participation by property owners 12.96.040 Participation by city 12.96.050 Duty to install landscaping 12.96.060 Duty to maintain and repair after installation 12.96.070 Service and contents of notice to maintain after installation 12.96.080 Hearing and assessment of costs 12.96.090 Limitation of actions § 12.96.010 SCOPE AND DEFINITIONS. (A) This chapter shall apply to the installation and maintenance of landscaping in front of properties in any specified block where frontages do not have landscaping which complies with city standards and development codes and provides for city participation with property owners for sharing the costs of installation on that portion of the property fronting on the right-of-way and the building set back area up to a maximum of 20 feet. (B) This chapter shall apply to a lot or property fronting on, or otherwise adjacent to, or in conjunction with, specified street, arterial or collector street section or specified commercial zones as listed in the procedure resolution. (C) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. COST, INSTALLATION COST or variants thereof. Includes the actual cost of installation and/or maintenance of the landscaping and any incidental or administrative expenses. DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT or DESIGNEE. Shall be responsible for review and approval of landscape development plans and specifications and final inspection after completion of construction phase. FRONTAGES. All the property within the city rights-of-way and the building setback up to a maximum of 20 feet fronting and facing the streets and arterials in specified locations and commercial zones in the city. (Ord. MC-786, passed 5-21-1991) § 12.96.030 PARTICIPATION BY PROPERTY OWNERS. (A) When the owners of lots or portions of lots fronting on any portion of a public street have frontages existing which do not meet city codes and standards for landscape improvements on said lot or parcel of property, the owners may apply for city cost sharing assistance to install landscaping in conformance with the remainder of the block and in compliance with city approved plans and specifications. (B) After applications for assistance and the agreement for joint city property owner participation are approved, the Director of Development Services shall notify the property owner to prepare landscape plans for approval and upon approval of plans to cause landscaping to be installed on the frontages. Landscape plans shall be reviewed and approved by the Director of Parks, Recreation and Community Services Department prior to commencement of landscape installation. 133 Packet Page 1208 San Bernardino - Streets, Sidewalks and Public Places134 (Ord. MC-786, passed 5-21-1991; Ord. MC-1027, passed 9-9-1998) § 12.96.040 PARTICIPATION BY CITY. Notwithstanding other provisions of this chapter or any other provision of law, the city may pay one-half of the cost of construction of landscaping located on the right-of-way and within the building setback area up to a maximum of 20 feet, at the discretion of the Development Services Director. The Development Services Director shall make such determination based on the cost of the construction, the ability of the property owner to pay and the cooperation exhibited by the property owner. Such determination shall be subject to appeal to the Mayor and CommonCity Council pursuant to Chapter 2.64. (Ord. MC-786, passed 5-21-1991; Ord. MC-1027, passed 9-9-1998) § 12.96.050 DUTY TO INSTALL LANDSCAPING. The owners of lots or portions of lots fronting on the city rights-of-way in the specified areas whenever the city has approved the application and signed the agreement to pay the 50% portion of the costs of the installation of such landscape improvements in front of said part shall have the duty of installation or causing the installation of landscaping in front of their properties upon notice so to do by the city. (Ord. MC-786, passed 5-21-1991) § 12.96.060 DUTY TO MAINTAIN AND REPAIR AFTER INSTALLATION. (A) The owners of lots or portions of lots fronting on any portion of the public right-of-way on the specified streets and arterials or in the specified commercial zones shall, after such property is improved, maintain that property in accordance with established city standards and in such condition that the improved area will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in its use. (B) When the Director of Development Services finds any landscaped frontages which are not being maintained up to city maintenance standards or which are in condition to endanger persons or property or in condition to interfere with the public convenience in its use, the Director of Development Services shall notify the owners of the property fronting on that portion of such rights-of-way to perform maintenance of the landscaped frontages. (Ord. MC-786, passed 5-21-1991; Ord. MC-1027, passed 9-9-1998) § 12.96.070 SERVICE AND CONTENTS OF NOTICE TO MAINTAIN AFTER INSTALLATION. (A) Notice to repair or maintain landscaping and appurtenant areas may be given by delivering a written notice personally to the owner of the property or to the person in possession of the property facing upon the city rights-of-way to be maintained or by mailing a written notice to the owner of the property thereof at his or her last known address as appears on the tax assessment rolls of the county. Immediately upon mailing the notice, the property shall be posted in a conspicuous place. (B) The notice shall particularly specify what work is required to be done, where standard landscape maintenance requirements may be obtained showing how it is to be done and what materials and plants shall be used in the maintenance improvements and shall further specify that, if the maintenance is not commenced within 30 days after notice is given and diligently and without interruption prosecuted to completion, the Director of Development Services shall cause the maintenance to be done, and the cost of the same shall be billed to the property owner. Failure to pay invoices for landscape maintenance within 30 days shall result in a lien on the property. (C) The notice shall specify the day, hour and place when the Mayor and CommonCity Council will hear objections or protests, if any, which may be raised by any property owner or other interested persons, but in no case shall such hearing be sooner than ten days after giving notice. Upon the day and hour fixed for the hearing, the Mayor and Packet Page 1209 Installation and Maintenance of Landscaped Frontages on City Rights-of-Way and Within the Building Setback Area up to a Maximum of Twenty Feet 135 CommonCity Council shall hear and pass upon objections or protests and their decision shall be final and conclusive. (D) If the required maintenance improvements are not commenced and prosecuted to completion with due diligence as required by the notice, the Director of Development Services shall forthwith make the required improvements. (Ord. MC-786, passed 5-21-1991; Ord. MC-1027, passed 9-9-1998) § 12.96.080 HEARING AND ASSESSMENT OF COSTS. (A) Upon the completion of the maintenance improvements, the Director of Development Services shall cause notice of the cost of the maintenance improvements to be given in the manner specified in § 12.96.060, except for posting, said notice shall specify the day, hour and place when the Mayor and CommonCity Council will hear and pass upon a report by the Director of Development Services of the cost of the improvements, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such maintenance improvements and any other interested persons. In no case shall the hearing provided for in this section be sooner than ten days after giving of notice. (B) The cost of the maintenance improvements may include administrative expenses required for the proper coordination and functioning of the maintenance improvements in front of the parcel as determined by the Mayor and CommonCity Council. (C) Upon the day and hour fixed for the hearing, the Mayor and CommonCity Council shall hear and pass upon the report of the Director of Development Services, together with any objections or protests which may be raised by any of the property owners liable to be assessed for such maintenance improvements and any other interested persons. Thereupon, the Mayor and CommonCity Council may make such revision, correction or modifications in the report as it may deem just, after which, by resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The Mayor and CommonCity Council may adjourn the hearings from time to time. The decisions of the Mayor and CommonCity Council, on all protests and objections which may be made, shall be final and conclusive. (D) Upon confirmation of the above report, the Mayor and CommonCity Council may order the notice of lien to be turned over to the accounting officer of the city; whereupon, it shall be the duty of this officer to have the amount of the assessment added to the next regular bill for taxes levied against the lot or parcel of land. If the city taxes are collected by the county officials, the notice of lien shall be delivered to the County Auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the County Auditor before the date fixed by law for the delivery of the assessment book to the County Board of Equalization. (Ord. MC-786, passed 5-21-1991; Ord. MC-1027, passed 9-9-1998) § 12.96.090 LIMITATION OF ACTIONS. (A)Time. No action, suit or proceeding to set aside, cancel, avoid, annul or correct any assessment or reassessment, or to review any of the proceedings, acts or determinations therein, or to question the validity of, or to enjoin the collection of the assessments or reassessments or to enjoin the issuance of bonds to represent the same, shall be maintained by any person unless such action is commenced within 30 days after the recording of the warrant, diagram and assessment or reassessment, and thereafter all persons shall be barred from any such action or any defense of invalidity of the assessment or of bonds issued thereon. (B)Property unlawfully dedicated or acquired. No proceedings taken or had under this provision shall ever be held to be invalid on the ground that the street right-of-way, public property or any portion thereof upon which the work or any part thereof is or was Packet Page 1210 San Bernardino - Streets, Sidewalks and Public Places136 done has not been lawfully dedicated or acquired; provided the same is lawfully dedicated or acquired, or an order for possession prior to judgment has been obtained. (Ord. MC-786, passed 5-21-1991) Packet Page 1211 CHAPTER 12.98: CAMPING ON PUBLIC STREETS AND PARKS Section 12.98.010 Purpose 12.98.020 Definitions 12.98.030 Unlawful camping 12.98.040 Storage of personal property in public places § 12.98.010 PURPOSE. The public streets and areas within the city should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for the purposes for which they were intended. The purpose of this chapter is to maintain public streets and areas within the city in a clean and accessible condition. (Ord. MC-945, passed 6-20-1995) § 12.98.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CAMP. To pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia. CAMP FACILITIES. Include, but are not limited to, tents, huts or temporary shelters. CAMP PARAPHERNALIA. Includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or non-city-designated cooking facilities and similar equipment. PARK. Means the same as defined in § 12.80.020. STORE. To put aside or accumulate for use when needed, to put aside for safekeeping, to place or leave in a location. STREET. A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular and/or pedestrian travel. STREET includes highways. (Ord. MC-945, passed 6-20-1995) § 12.98.030 UNLAWFUL CAMPING. It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia in the following areas, except as otherwise provided: (A) Any street; (B) Any public parking lot or public area, improved or unimproved; and (C) Any park. (Ord. MC-945, passed 6-20-1995) § 12.98.040 STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES. It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as 137 Packet Page 1212 San Bernardino - Streets, Sidewalks and Public Places138 otherwise provided: (A) Any street; (B) Any public parking lot or public area, improved or unimproved; and (C) Any park. (Ord. MC-945, passed 6-20-1995) Packet Page 1213 TITLE 13: PUBLIC UTILITIES Chapter 13.04. WELLS 13.08. CONNECTION WITH PUBLIC SEWER 13.12. CROSS-CONNECTIONS AND BACKFLOW PREVENTION DEVICES 13.16. RESERVED 13.20. GEOTHERMAL RESOURCES 13.24. WATER SUPPLY SYSTEM 13.25. SPREADING OR EXTRACTION WITHIN THE MANAGEMENT ZONE 13.28. COLLECTION OF DELINQUENT WATER, RUBBISH, SEWER OR OTHER MUNICIPAL UTILITY CHARGES 13.32. WASTEWATER FACILITIES 13.36. UNDERGROUND FACILITIES 1 Packet Page 1214 San Bernardino - Public Utilities2 Packet Page 1215 CHAPTER 13.04: WELLS Section 13.04.010 Measurement of water - records required 13.04.020 Record of wells that have been bored 13.04.030 Record-keeping requirement § 13.04.010 MEASUREMENT OF WATER - RECORDS REQUIRED. It shall be the duty of the City Board of Water Commissioners to cause measurements to be taken of all water naturally flowing out of the San Bernardino artesian basin and also of all water artificially taken and transported out of the San Bernardino artesian basin or any of its tributaries; to cause measurements to be taken of the flow of water from artesian wells in the San Bernardino artesian basin and also the depth to water in such wells that do not naturally flow to the surface of the ground; to cause to be taken measurements of the pressure of water at the surface of the ground flowing from artesian wells in the San Bernardino artesian basin; to cause to be taken measurements of all water used in the water system of the city; to keep a record, in the office of such Commissioners, of all measurements of water and water pressure hereinbefore referred to; and also to keep a book in which all persons employed in or engaged in taking any of such measurements shall record a true copy of such measurements and the person so taking such measurements shall be required in such book to state the time of taking such measurement and by some proper designation the place of such measurement and when so recorded, the person shall sign his or her name to such record. (Ord. 677, passed 6-1-1917) § 13.04.020 RECORD OF WELLS THAT HAVE BEEN BORED. The City Board of Water Commissioners shall procure and cause to be recorded in a proper book a true and correct log of all wells that have been bored in the San Bernardino valley subsequent to the first day of August 1916, or that may hereafter be bored therein. (Ord. 677, passed 6-1-1917) § 13.04.030 RECORD-KEEPING REQUIREMENT. The City Board of Water Commissioners is authorized and directed to procure such books necessary to preserve the records herein required of them to be taken and kept and to do all other things and to make such rules and regulations necessary and proper to carry this chapter into effect in order to preserve a true record of all the matters herein referred to and in order to be fully advised as to the condition of the water level and the flow and pressure of water from and in wells within the San Bernardino artesian basin, and also to preserve a true and correct record of the quantity of water being taken from said basin and conveyed to lands not overlying the same, as well as a true and correct record of all of the other matters hereinbefore referred to. The measurements and other things herein provided to be taken and done shall be taken and done at such time and in such manner as the Board of Water Commissioners shall, from time to time, direct. (Ord. 677, passed 6-1-1917) 3 Packet Page 1216 San Bernardino - Public Utilities4 Packet Page 1217 CHAPTER 13.08: CONNECTION WITH PUBLIC SEWER Section 13.08.010 Regulation of wastewater connections by the Water Board 13.08.020 Inoperative private sewer laterals 13.08.030 Reserved 13.08.040 Reserved 13.08.050 Reserved 13.08.055 Reserved 13.08.060 Reserved 13.08.070 Reserved 13.08.080 Reserved 13.08.090 Reserved 13.08.100 Reserved 13.08.105 Reserved 13.08.110 Reserved Statutory reference: For provisions authorizing cities to construct sewers, see Cal. Gov’t Code, § 38900. For provisions on sewers, see Cal. Health and Safety Code, §§ 5400 et seq. § 13.08.010 REGULATION OF WASTEWATER CONNECTIONS BY THE WATER BOARD . In accordance with § 603 of the City Charter, the Water Board shall be responsible for oversight and management of the city’s wastewater collection system, including the regulation of connections. Any rules or regulations promulgated by the Water Board in connection with its powers under § 603 of the City Charter may be enforced as laws of the city in accordance with Chapter 2.28. (Ord. 2158, passed 2-11-1957; Ord. 3407, passed 3-6-1974; Ord. MC-1562, passed 9-15-2021) § 13.08.020 INOPERATIVE PRIVATE SEWER LATERALS. Inoperative private sewer laterals shall be maintained in good condition (and free of defects). Inoperative private sewer laterals constituting a nuisance, as that term is defined in Cal. Health and Safety Code, § 5410, shall be subject to the regulations outlined by Cal. Health and Safety Code, §§ 5410 through 5416 and such regulations shall be enforced by the City Public Works Department. (Ord. 2158, passed 2-11-1957; Ord. 3835, passed 6-19-1979; Ord. MC-1562, passed 9-15-2021) § 13.08.030 RESERVED. [Reserved] (Eliminated by Ord. MC-1562, passed 9-15-2021) § 13.08.040 RESERVED. [Reserved] (Eliminated by Ord. MC-1562, passed 9-15-2021) § 13.08.050 RESERVED. [Reserved] (Eliminated by Ord. MC-1562, passed 9-15-2021) § 13.08.055 RESERVED. [Reserved] (Eliminated by Ord. MC-1562, passed 9-15-2021) § 13.08.060 RESERVED. 5 Packet Page 1218 San Bernardino - Public Utilities6 [Reserved] (Eliminated by Ord. MC-1562, passed 9-15-2021) § 13.08.070 RESERVED. [Reserved] (Eliminated by Ord. MC-1562, passed 9-15-2021) § 13.08.080 RESERVED. [Reserved] (Eliminated by Ord. MC-1562, passed 9-15-2021) § 13.08.090 RESERVED. [Reserved] (Eliminated by Ord. MC-1562, passed 9-15-2021) § 13.08.100 RESERVED. [Reserved] (Eliminated by Ord. MC-1562, passed 9-15-2021) § 13.08.105 RESERVED. [Reserved] (Eliminated by Ord. MC-1562, passed 9-15-2021) § 13.08.110 RESERVED. [Reserved] (Eliminated by Ord. MC-1562, passed 9-15-2021) Packet Page 1219 CHAPTER 13.12: CROSS-CONNECTIONS AND BACKFLOW PREVENTION DEVICES Section 13.12.010 Compliance with chapter and other laws 13.12.020 Test and report of check valves, pressure vacuum breakers or backflow prevention devices 13.12.030 Administration 13.12.040 Violation - penalty § 13.12.010 COMPLIANCE WITH CHAPTER AND OTHER LAWS. It is unlawful for any person to install, maintain or allow to exist, or to fail, neglect or refuse to comply with a notice correction of any cross-connection, which is not in compliance with the provisions of this chapter; the Uniform Plumbing Code, latest adopted edition; the California Administrative Code; and other laws relating to cross-connections and backflow prevention devices. A finding by the City Municipal Water Department or the county health officer that a cross-connection does or may contaminate water for drinking or domestic purposes shall be prima facie evidence of a violation of this chapter. (Ord. 2168, passed 5-7-1957; Ord. 3007, passed 8-19-1969) § 13.12.020 TEST AND REPORT OF CHECK VALVES, PRESSURE VACUUM BREAKERS OR BACKFLOW PREVENTION DEVICES. No person shall fail, refuse or neglect to test and report to the City Municipal Water Department or health officer on the condition of all check valves, double-check valves, pressure vacuum breakers or backflow prevention devices installed to prevent contamination or pollution of drinking water systems. Such tests, maintenance and reports shall be as required by rules adopted by the Water Commissioners and by § 13.12.010. (Ord. 2168, passed 5-7-1957; Ord. 3007, passed 8-19-1969) § 13.12.030 ADMINISTRATION. The agency responsible for the enforcement of this chapter shall be the City Municipal Water Department. (Ord. 2168, passed 5-7-1957; Ord. 3007, passed 8-19-1969) § 13.12.040 VIOLATION - PENALTY. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not to exceed $500, or by imprisonment in the city jail for not to exceed six months, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this chapter occurs or continues shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as herein provided. (Ord. 2168, passed 5-7-1957) 7 Packet Page 1220 San Bernardino - Public Utilities8 Packet Page 1221 CHAPTER 13.16: RESERVED (Repealed by Ord. MC-950, passed 8-22-1995) 9 Packet Page 1222 San Bernardino - Public Utilities10 Packet Page 1223 CHAPTER 13.20: GEOTHERMAL RESOURCES Section Article I. General Administrative Provisions 13.20.010 Purpose 13.20.020 Scope 13.20.030 Definitions 13.20.035 Altering 13.20.040 Applicant 13.20.045 Artesian flow 13.20.050 Artesian well 13.20.055 Board 13.20.060 BTU 13.20.065 By-product 13.20.070 City 13.20.075 Constructing 13.20.080 Council 13.20.085 Department 13.20.090 Drilling a well 13.20.095 Drilling site 13.20.100 Franchise 13.20.105 General Manager 13.20.110 Geothermal data center 13.20.115 Geothermal facility 13.20.120 Geothermal fluid 13.20.125 Geothermal heat 13.20.130 Geothermal resources 13.20.135 Ground water 13.20.140 Heat rate 13.20.145 Heating service 13.20.150 Inhabitant 13.20.155 Injection well 13.20.160 Owner 13.20.165 Person 13.20.170 Pollution 13.20.175 Prospect well 13.20.180 Secondary use 13.20.185 Service 13.20.190 Service connection 13.20.195 Therm 13.20.200 Thermal ground water 13.20.205 Underground reservoir 13.20.210 User 13.20.215 User service pipeline 13.20.220 Water well contractor and drilling machine operator 13.20.225 Well 13.20.230 Well drilling machine 13.20.240 Rates, fees and charges 13.20.250 Service map - adoption of standards 13.20.260 Conformity with general plan and other ordinances 13.20.270 Appeal of administrative decisions Article II. City Heating Service 13.20.280 Administrative organizations and principal functions 13.20.290 Boundary 13.20.300 Finances 13.20.310 Authorized facilities and other heat sources 13.20.320 Improvement procedures 13.20.330 Service connection procedures 13.20.340 User service procedures 13.20.350 Terms and conditions of heating service Article III. Geothermal and Ground Water Reservoir Management 13.20.360 Reservoir management policy 13.20.370 Existing wells 13.20.380 New wells 13.20.390 Injection wells 13.20.400 Resource data collection 13.20.410 City inspection and monitoring of wells and geothermal facilities 13.20.420 Wasteful or defective wells - repair - violation 11 Packet Page 1224 San Bernardino - Public Utilities12 Article IV. Private Heating Services 13.20.430 Establishment, services and conditions Article V. Enforcement 13.20.440 Enforcement ARTICLE I. GENERAL ADMINISTRATIVE PROVISIONS § 13.20.010 PURPOSE. (A) The purpose of this chapter is to provide comprehensive management of the geothermal resources and thermal ground waters within and adjacent to the city. (B) In furtherance of this overall purpose, this chapter is specifically intended to serve the following sub-purposes: (1) Conservation and beneficial management of geothermal resources and thermal ground waters in a comprehensive and coordinated manner, so as to assure their continued availability and productivity; (2) Continued technical assistance for individual private geothermal resource and thermal ground water uses, including residential, commercial and industrial activities; (3) Maximization of the public welfare and economic benefit to be derived from geothermal resources and thermal ground waters, by extending their availability throughout the city and elsewhere as much as practical with city and private heating services; (4) Minimization of the potential for damage or degradation to geothermal resources and thermal ground waters; (5) Protection of the surface and subsurface environment during development and utilization of geothermal resources and thermal ground waters; (6) Advancement of the scientific study of geothermal resources and thermal ground waters, through the collection and dissemination of resource data and the demonstration of geothermal technologies; (7) Implementation of the city’s general plan and its goals and policies for geothermal development and utilization; and (8) Implementation of the authority and provisions of the City Charter, § 40(u), and any amendments thereto; and coordinated with the provisions of the Cal. Public Resources Code, Division 3 and Division 6, and any amendments thereto. (Ord. MC-298, passed 8-17-1983) § 13.20.020 SCOPE. This chapter includes general provisions for administration of this chapter; the establishment of, and operating measures for, a city owned and operated geothermal district heating service in the city and elsewhere; the establishment of geothermal and thermal ground water reservoir management procedures; and authorization for certain private geothermal heating services which will operate independently of the city’s heating service. (Ord. MC-298, passed 8-17-1983) § 13.20.030 DEFINITIONS. For the purpose of carrying out the intent of this chapter, the words, phrases and terms set forth in this chapter shall be deemed to have the meaning ascribed to them in §§ 13.20.035 through 13.20.230. (Ord. MC-298, passed 8-17-1983) § 13.20.035 ALTERING. ALTERING. The deepening, recasing, perforating, reperforating, installation of packers or Packet Page 1225 Geothermal Resources 13 seals and other material changes in the design of a well. (Ord. MC-298, passed 8-17-1983) § 13.20.040 APPLICANT. APPLICANT. The person making application for a geothermal heating connection or geothermal heating service from the city under the provisions of this chapter. (Ord. MC-298, passed 8-17-1983) § 13.20.045 ARTESIAN FLOW. ARTESIAN FLOW. The water discharging to the natural ground surface if the flow is unrestricted. (Ord. MC-298, passed 8-17-1983) § 13.20.050 ARTESIAN WELL. ARTESIAN WELL. A well taking water from an aquifer holding water under pressure greater than atmospheric pressure, which causes the water to seek a static level above the wells juncture with the aquifer. (Ord. MC-298, passed 8-17-1983) § 13.20.055 BOARD. BOARD. The Board of Water Commissioners of the City of San Bernardino. (Ord. MC-298, passed 8-17-1983) § 13.20.060 BTU. BTU. British thermal unit. (Ord. MC-298, passed 8-17-1983) § 13.20.065 BY-PRODUCT. BY-PRODUCT. Any mineral or minerals, exclusive of oil, hydrocarbon gas, helium or other hydrocarbon substances, which are found in solution or in association with geothermal resources, and which have a value of less than 75% of the value of geothermal resources or are not, because of quantity, quality or technical difficulties in extraction and production, of sufficient value to warrant extraction and production by themselves. (Ord. MC-298, passed 8-17-1983) § 13.20.070 CITY. CITY. The City of San Bernardino. (Ord. MC-298, passed 8-17-1983) § 13.20.075 CONSTRUCTING. CONSTRUCTING. The boring, digging, drilling or excavating of a well, including the installation of casing or well screens. (Ord. MC-298, passed 8-17-1983) § 13.20.080 COUNCIL. COUNCIL. The Mayor and CommonCity Council of the City of San Bernardino, sometimes called “CommonCity Council.” (Ord. MC-298, passed 8-17-1983) § 13.20.085 DEPARTMENT. DEPARTMENT. The City Municipal Water Department of the City of San Bernardino. (Ord. MC-298, passed 8-17-1983) § 13.20.090 DRILLING A WELL. DRILLING A WELL. The drilling, re-drilling or deepening of a well. (Ord. MC-298, passed 8-17-1983) § 13.20.095 DRILLING SITE. DRILLING SITE. Any site where drilling operations will be, are being or have been undertaken to construct or alter a well. Packet Page 1226 San Bernardino - Public Utilities14 (Ord. MC-298, passed 8-17-1983) § 13.20.100 FRANCHISE. FRANCHISE. An agreement granting a land developer authorization to construct, operate and maintain a private heating service. (Ord. MC-298, passed 8-17-1983) § 13.20.105 GENERAL MANAGER. GENERAL MANAGER. Manager of the City Municipal Water Department, or the Manager’s authorized representative, sometimes referred to herein as MANAGER. (Ord. MC-298, passed 8-17-1983) § 13.20.110 GEOTHERMAL DATA CENTER. GEOTHERMAL DATA CENTER. The city office which acts as a geothermal information clearing house and data repository and is maintained in the City Municipal Water Department. (Ord. MC-298, passed 8-17-1983) § 13.20.115 GEOTHERMAL FACILITY. GEOTHERMAL FACILITY. Any space or process, heating or cooling apparatus or system used to pump, convey or transport geothermal resources or thermal ground water, including, but not limited to, ground water heat pumps, fluid heat exchangers, well and circulating pumps, pipelines, valves, fittings or controls. (Ord. MC-298, passed 8-17-1983) § 13.20.120 GEOTHERMAL FLUID. GEOTHERMAL FLUID. Any fluid transporting or capable of transporting geothermal heat. (Ord. MC-298, passed 8-17-1983) § 13.20.125 GEOTHERMAL HEAT. GEOTHERMAL HEAT. Heat derived from geothermal resources. (Ord. MC-298, passed 8-17-1983) § 13.20.130 GEOTHERMAL RESOURCES. GEOTHERMAL RESOURCES. The natural heat of the earth and the energy, in whatever form, below the surface of the earth present in, resulting from or created by, or which may be extracted from, the natural heat, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases and steam, in whatever form, found below the surface of the earth, exclusive of oil, hydrocarbon gas, helium or other hydrocarbon substances, but including specifically: (A) All products of geothermal processes, embracing indigenous steam, hot water and hot brines; (B) Steam and gases, hot water and hot brines resulting from water, gas or other fluids artificially introduced into geothermal formations; (C) Heat or other associated energy found in geothermal formations; and (D) Any by-product derived from them. (Ord. MC-298, passed 8-17-1983) § 13.20.135 GROUN DWATER. GROUND WATER. Any water, except capillary moisture, beneath the land surface or beneath the bed of any stream, lake, reservoir or other body of surface water, whatever may be the geological formation or structure in which such water stands, flows, percolates or otherwise moves. (Ord. MC-298, passed 8-17-1983) § 13.20.140 HEAT RATE. HEAT RATE. The user fee schedule charged by the city for geothermal heat according to a rate schedule adopted by a resolution of the Board. (Ord. MC-298, passed 8-17-1983) Packet Page 1227 Geothermal Resources 15 § 13.20.145 HEATING SERVICE. HEATING SERVICE. The provision of geothermal heat by the city to a user pursuant to the City Charter, and any amendment thereto, and the provisions of Article II of this chapter. (Ord. MC-298, passed 8-17-1983) § 13.20.150 INHABITANT. INHABITANT. Businesses and persons within the city. (Ord. MC-298, passed 8-17-1983) § 13.20.155 INJECTION WELL. INJECTION WELL. Any well or converted well constructed to dispose of geothermal fluids or ground water into an underground reservoir. (Ord. MC-298, passed 8-17-1983) § 13.20.160 OWNER. OWNER. The holder of the record title to real property or the vendee under a recorded land sale contract or any lessee having a long-term leasehold interest in the property. (Ord. MC-298, passed 8-17-1983) § 13.20.165 PERSON. PERSON. An individual person, firm, partnership, association, social or fraternal organization, corporation, non-profit corporation, trust, estate, receiver, syndicate, branch of government or similar entities, any group or combination acting as a unit or the successors or assigns of any of the aforesaid. (Ord. MC-298, passed 8-17-1983) § 13.20.170 POLLUTION. POLLUTION. The contamination or other alteration of the physical, chemical or biological properties of any surface or ground waters which will or can reasonably be expected to render such waters harmful, detrimental or injurious to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial use. (Ord. MC-298, passed 8-17-1983) § 13.20.175 PROSPECT WELL. PROSPECT WELL. Any well constructed or altered as a geophysical test well, seismic shot hole, mineral exploration drilling, core drilling or temperature gradient test well, less than 2,000 feet in depth and constructed or altered specifically in prospecting for geothermal resources. (Ord. MC-298, passed 8-17-1983) § 13.20.180 SECONDARY USE. SECONDARY USE. Any use which receives the city heating service from fluids discharged by a foregoing use, prior to the return of such fluids to a city heating service pipeline. (Ord. MC-298, passed 8-17-1983) § 13.20.185 SERVICE. SERVICE. See heating service (§ 13.20.145). (Ord. MC-298, passed 8-17-1983) Packet Page 1228 San Bernardino - Public Utilities16 § 13.20.190 SERVICE CONNECTION. SERVICE CONNECTION. The part of the city heating service distribution system which connects the city’s meter and pipeline to the user’s pipeline. (Ord. MC-298, passed 8-17-1983) § 13.20.195 THERM. THERM. A unit of measure consisting of 100,000 BTUs. This unit is used to measure delivered geothermal heat for billing purposes. (Ord. MC-298, passed 8-17-1983) § 13.20.200 THERMAL GROUND WATER. THERMAL GROUND WATER. Ground water which is less than 250EF at bottom-hole temperature, and possessing sufficient heat to be used for a direct thermal application or in conjunction with a ground water heat pump for which the heat is put to beneficial use. (Ord. MC-298, passed 8-17-1983) § 13.20.205 UNDERGROUND RESERVOIR. UNDERGROUND RESERVOIR. An aquifer or combination of aquifers or zones containing a common geothermal and/or ground water resource. (Ord. MC-298, passed 8-17-1983) § 13.20.210 USER. USER. A person who receives or is capable of receiving geothermal heat from the city. (Ord. MC-298, passed 8-17-1983) § 13.20.215 USER SERVICE PIPELINE. USER SERVICE PIPELINE. The private pipeline that connects the user’s private heating system to the city’s meter and distribution pipeline. (Ord. MC-298, passed 8-17-1983) § 13.20.220 WATER WELL CONTRACTOR AND DRILLING MACHINE OPERATOR. WATER WELL CONTRACTOR AND DRILLING MACHINE OPERATOR. As defined by ordinance or state law, and any amendment thereto. (Ord. MC-298, passed 8-17-1983) § 13.20.225 WELL. WELL. Any artificial opening or artificially altered natural opening, however made, by which geothermal fluids or ground water is sought or through which geothermal fluids or ground water flows under natural pressure or is artificially withdrawn or is used to operate a heat exchanger within the well; provided that this definition shall not include a natural spring. (Ord. MC-298, passed 8-17-1983) § 13.20.230 WELL DRILLING MACHINE. WELL DRILLING MACHINE. Any power-driven percussion, rotary, boring, digging or augering machine used in the construction or alteration of wells. (Ord. MC-298, passed 8-17-1983) § 13.20.240 RATES, FEES AND CHARGES. The rates, service charges, connection fees and such other charges as provided for by this chapter shall be established by resolution of the Board and may be amended by resolution of the Board at any time. Rates charged may be fixed and classified according to the type of use or the amount of geothermal heat used or any combination thereof. Such rates, fees and charges shall not be changed without a public hearing first being held before the Board. Such hearing shall be Packet Page 1229 Geothermal Resources 17 advertised by published notice in a local newspaper of general circulation not less than ten days prior to the date of such hearing, and in the geothermal heating bills sent to users during the period of 30 days prior to the date of the hearing. Such notices shall set forth the time and place of the hearing and a summary of said amendment. (Ord. MC-298, passed 8-17-1983) § 13.20.250 SERVICE MAP - ADOPTION OF STANDARDS. (A)San Bernardino geothermal heating service map. The locations of heating service facilities are established on the map entitled “San Bernardino Geothermal Heating Service Map,” as presently on file in the Geothermal Data Center, which map is incorporated herein by reference. The map shall hereinafter be referred to as the “heating service map,” and shall be maintained on file in the Geothermal Data Center. Any revisions or replacement of this map shall be approved by ordinance and shall be likewise filed and incorporated into this chapter by reference. (B)City Municipal Water Department geothermal heating user service pipeline connection standards. Pipeline connection standards shall be established by the General Manager. (C)City Municipal Water Department standards for maintenance related surface discharge. The General Manager may establish standards for maintenance related surface discharges. (Ord. MC-298, passed 8-17-1983) § 13.20.260 CONFORMITY WITH GENERAL PLAN AND OTHER ORDINANCES. All actions pursuant to this chapter and all uses of land in conjunction herewith shall conform to Title 19 of this code, the city’s general plan, all other applicable code provisions and ordinances and applicable state statutes. (Ord. MC-298, passed 8-17-1983) § 13.20.270 APPEAL OF ADMINISTRATIVE DECISIONS. Any decision rendered by administrative officials of the Department pursuant to this chapter may be appealed to the Board. Such appeal shall be in writing, shall identify the administrative decision appealed from, the specific grounds for appeal and shall be filed with the General Manager not more than 14 days following the date of the notice to the affected party of the administrative decision. The Board shall consider the appeal at its next regular meeting following the filing of the appeal, and upon considering all pertinent testimony and evidence, may sustain, modify or reverse the decision appealed from. The Board shall provide a written report of its decision to the affected party by certified mail within five days of the Board’s action. (Ord. MC-298, passed 8-17-1983) ARTICLE II. CITY HEATING SERVICE § 13.20.280 ADMINISTRATIVE ORGANIZATIONS AND PRINCIPAL FUNCTIONS. (A)Officials. The Board shall act as the governing body of the heating service, and the General Manager shall act as the chief administrative officer of the service. (B)Assignment of organizational responsibilities. The General Manager may delegate or assign responsibilities for heating service functions and activities to such divisions and personnel as the General Manager may deem appropriate or necessary. (C)Principal functions and activities. The principal functions and activities of the heating service shall include, but not be limited to: (1) The exploration for and confirmation of geothermal resources and/or ground waters; (2) The monitoring of geothermal and/or ground water reservoirs and the management of Packet Page 1230 San Bernardino - Public Utilities18 reservoir activities, so as to promote stable reservoir conditions and enhance reservoir productivity; (3) The supplying, furnishing and selling of geothermal heat to city inhabitants; (4) The supplying, furnishing and selling of any surplus geothermal heat over and above the heating needs of the city to persons outside the city, and for purposes deemed appropriate by the Board; (5) The establishment and maintenance of a Geothermal Data Center, where local geothermal information and all geothermal records authorized or required by this chapter shall be kept and made available for public inspection and reproduction; a registry of local wells and geothermal facilities shall be established and maintained at the Geothermal Data Center; (6) The sponsoring of and participation in the scientific study and demonstration of geothermal resources and technologies; (7) Geothermal disposal drainage work as authorized by city; and (8) All other acts and things which may be requisite, necessary or convenient in carrying out the purpose of this chapter and state law. (Ord. MC-298, passed 8-17-1983) § 13.20.290 BOUNDARY. (A)Establishment. The heating service boundary shall encompass all land within the corporate limits of the city, as now or hereafter constituted, excluding all railroad rights-of-way pursuant to state law, unless the owner of the railroad property expressly consents to its inclusion. (B)Extension of service outside city boundary. Service shall normally be available only to users located within the city boundary. However, the Board may, by contract, extend service outside the boundary in cases where such extension is deemed in the best interests of the city, but only after determining that such service capability is based upon a surplus of geothermal heat existing over and above any and all demands of the users within the city boundary. Contracts for service outside the city boundary shall condition continued service upon the continuance of the surplus over city needs. (Ord. MC-298, passed 8-17-1983) § 13.20.300 FINANCES. (A)Operational financing. Heating service operations and maintenance, within or without the city boundary, may be financed by one or more, or any combination, of the following methods: (1) Such rates, fees and charges as may be required by this chapter; (2) Annual ad valorem taxation in an amount which shall not exceed the true cash value of all taxable property within the city; (3) General obligation bonds, upon authorization of the city’s voters, in an amount which shall not exceed in the aggregate 10% of the true cash value of all taxable property within the city; such general obligation bonds may be additionally secured, by resolution of the Board, by pledging all or any part of the net revenue of the city’s heating service; (4) Refunding bonds, of the same character and tenor as those general obligation bonds replaced thereby, by resolution of the Board; (5) Revenue bonds pledging the gross revenues of the city’s heating service, if approved by the Council; (6) Federal and state grants-in-aid, and private endowments; and (7) All other legal means. (B)Improvement financing. Heating service improvements, within or without the city boundary, and including, but not limited to, the purchase, lease or acquisition of real estate or equipment, and the planning, design, construction, reconstruction, extension, enlargement, purchase, lease or acquisition Packet Page 1231 Geothermal Resources 19 of geothermal facilities, may be financed by one or more, or any combination, of the following methods: (1) Such rates, fees and charges as may be required by this chapter; (2) Annual ad valorem taxation, as specified in division (A)(2) above; (3) General obligation bonds, as specified in division (A)(3) above; (4) Revenue bonds secured by all or any part of the heating service’s gross revenues subject to approval of the Council; such revenue bonds shall not be subject to the percentage limitations applicable to general obligation bonds, but shall be payable solely from such part of the revenues of the heating service; (5) Refunding bonds, of the same character and tenor as those revenue bonds replaced thereby, by resolution of the Council; (6) Special assessments, pursuant to laws of the state, and city procedures for local improvement districts; (7) Federal and state grants-in-aid, and private endowments; and (8) All other legal means. (C)Special bond retirement financing. The city may, by Council resolution, annually tax all taxable property within the city, in an amount sufficient to pay the annual interest on general obligation bonds theretofore issued by the city and then outstanding, together with any portion of the principal of such bonds maturing within the year. (D)Refund of certain heating pipeline extension costs. If any person is required by the Board, to advance to the Board, the cost of extending a geothermal heating pipeline adjacent to property other than his or her own so that geothermal heating service is provided for such other property without further extension of the geothermal heating pipeline, the Board shall require the owner of the other property, prior to providing geothermal heating service to that property, to pay to the Department a pro rata portion of the cost of the extension, from which the Board may refund all or a portion of such funds so advanced. The right to require shall not continue for more than ten years after the date of installation of the extension of the geothermal heating pipeline. The amount to be refunded shall be determined by Board resolution. (Ord. MC-298, passed 8-17-1983) § 13.20.310 AUTHORIZED FACILITIES AND OTHER HEAT SOURCES. (A)Authorized facilities. In performance of the functions and activities specified in § 13.20.280(C), the Board may plan, design, construct, acquire, lease, operate, maintain and improve a system of geothermal facilities, which may include, but need not be limited to, wells; heat exchangers; pumps for fluid extraction, circulation and injection; pipelines for conveying fluids; disposal facilities; tanks for storing fluids; fluid or heat metering devices; and various testing instruments and system control devices. (B)Other heat sources. The Board may authorize, by contract, the Department’s purchase and distribution of heat generated by sources other than the city’s wells, in order to supplement the city’s geothermal heat. (Ord. MC-298, passed 8-17-1983) § 13.20.320 IMPROVEMENT PROCEDURES. (A)Authority to initiate improvement projects. Improvement projects for the heating service shall be initiated by the Board, upon its own motion or upon the written petition of the owners of one-half of the property that benefits specifically by the proposed improvement. A study will be initiated by the Board to assess economic feasibility. (B)Compliance with state siting requirements. All contemplated improvements shall comply with applicable statutes and regulations of the state. (C)Procedures for special assessments. Whenever any heating service improvement is to be paid for in whole or in part by special assessments Packet Page 1232 San Bernardino - Public Utilities20 according to benefits, the Board shall administer such assessment procedure in accordance with state law and this code, and such other Board procedures applicable to local improvement districts. Such assessments as are approved by the Board shall be subject to confirmation by the Council. (D)Means of improvements. The construction work for improvements will be done in whole, or in part, by the Board, by a contract or by any other governmental agency, or by any combination thereof, as authorized by the Board. (E)Acquisition of private wells and geothermal facilities. As provided for in § 13.20.300(B), the Board may purchase, lease or receive as a gift, any privately owned wells and/or geothermal facilities within or without the city boundary, for purposes of improving the heating services principal functions and activities. (Ord. MC-298, passed 8-17-1983) § 13.20.330 SERVICE CONNECTION PROCEDURES. (A)Application procedure. Any person desiring to connect a user pipeline to the city’s heating distribution pipeline, or to connect a secondary use to a user’s discharge pipeline, may apply for such service connection with the Department on forms provided for that purpose. The Department shall approve or deny said application, in writing, within 14 days of its filing. (B)Service connection fees. Upon approval of a service connection application, the applicant shall remit a connection fee to the Department in an amount to be established by resolution of the Board. (C)Voiding. Failure to remit the fee in full, or otherwise comply with fee requirements, within 14 days of the date of application approval, shall render said approval void. The applicant shall be given written notice of such voiding by certified mail. (D)Service connection standards and inspections. All user service pipeline connections to the heating service system, including secondary use connections, shall be completed under procedures promulgated by the Department. All completed and approved user service pipeline connections shall remain inoperable, by Department deactivation of the city heat meter, until such time as a service account is activated by the Department. All completed and approved service connections shall be used only for the purpose expressly cited in the connection permit; service users shall not, in any manner, otherwise connect or divert the heat or fluid provided by the service connection. The city shall not be liable for the materials, workmanship, operation or maintenance, relating to the user service pipeline or to private heating or cooling equipment installed beyond the city’s service connection. (Ord. MC-298, passed 8-17-1983) § 13.20.340 USER SERVICE PROCEDURES. The Board shall establish application procedures, required service deposits, billing procedures, service charges and procedures for delinquent accounts. (Ord. MC-298, passed 8-17-1983) § 13.20.350 TERMS AND CONDITIONS OF HEATING SERVICE. All heating services provided by the city shall be subject to the following terms and conditions. (A) Service accounts with all users outside the city boundary shall be subject to immediate cancellation of service whenever there exists no surplus supply, of heat over and above any and all demands of users within the city boundary. (B) The Board reserves the right to cease operation of the heating system, or any part thereof, and cancel such services as may be provided by the system, for reasons of emergency maintenance or repairs as authorized by the General Manager. The General Manager shall diligently endeavor to provide user and public notice prior to such emergency actions at the earliest time and most comprehensive extent. (C) The city may, by Board resolution, establish regular seasonal periods of heating service operation Packet Page 1233 Geothermal Resources 21 and non-operation. (D) The city shall assume no liability whatsoever, direct or implied, for any user damages or injuries incurred as a result of heating service interruption or cancellation, when such interruption or cancellation is due to circumstances beyond the control of the city, or due to operational actions authorized by this chapter. (E) The city shall not warrant or guarantee the temperature or chemical quality of the fluid delivered to users, but shall advise of the temperature or chemical quality of the fluid delivered to the users as they occur. The city shall not assume any liability whatsoever, direct or implied, for corrosion, scaling or similar physical degradation of user pipelines or private heating or cooling equipment utilized beyond each service connection. (F) Force majeure: natural catastrophe, or other causes beyond the reasonable control of the parties, which prevent the Board from providing, or the user from accepting, any of the Board’s services covered by this chapter, shall operate to suspend the obligations of the user and the Board during the period required to remove such cause; provided it is immediately reported in writing within 48 hours of specific cause. (Ord. MC-298, passed 8-17-1983) ARTICLE III. GEOTHERMAL AND GROUND WATER RESERVOIR MANAGEMENT § 13.20.360 RESERVOIR MANAGEMENT POLICY. In furtherance of the purposes of this chapter, it shall be the policy of the city, in exercise of its powers to provide for the public health, safety and welfare, that all wells existing on the effective date of this chapter, and those constructed or altered thereafter, be used in such a manner as to: (A) Conserve and protect the geothermal fluids and ground water within and adjacent to the city, in order to enhance reservoir productivity and benefit; prevent wasteful extraction and disposal of geothermal fluids and thermal ground water; prevent geothermal fluid and thermal ground water temperature degradation; maintain stable static levels of geothermal fluids and thermal ground waters; prevent thermal pollution of surface environs and waters; and prevent harmful intermixing of geothermal fluids or thermal ground water with non-thermal ground waters; (B) Allow continued individual inhabitant utilization of geothermal fluids and thermal ground water for residential, commercial, industrial and other legitimate beneficial purposes; (C) Increase and disseminate the scientific knowledge of geothermal and ground water resources; and (D) Protect the public health, safety and welfare from improperly constructed, operated, maintained or abandoned wells. (Ord. MC-298, passed 8-17-1983) § 13.20.370 EXISTING WELLS. (A)Existing wells meaning. All wells existing or under construction within the city on the effective date of this chapter shall be known as existing wells, and shall be subject to the requirements of this article. (B)Registration of existing wells. Owners of existing wells, within and without the city, may register their wells with the Geothermal Data Center as soon as this chapter becomes effective. Such registration shall be voluntary and without cost to the owner, and shall be for purposes of providing information to the Geothermal Data Center in accordance with § 13.20.280(C)(5). Said registration shall be on forms supplied by the Geothermal Data Center for that purpose, and may include, but not be limited to, the name and address of the owner, specific location of the well, date of construction, depth and diameter of the well, specifications of casing, bottom hole temperature, static fluid or water level, type of geothermal utilization system, accessibility for monitoring devices and disposal method, if any. The Packet Page 1234 San Bernardino - Public Utilities22 General Manager shall direct reasonable public notice to the city’s inhabitants at large, explaining the registration program and encouraging participation. (C)Existing surface discharge elimination. In order to eliminate the wasteful and harmful effects of thermal fluid or water surface discharges, any well or geothermal facility discharging geothermal fluids or thermal ground water onto the surface of the ground or into any public ditch or drainage facility, on the effective date of this chapter, shall be brought into conformity with all applicable environmental requirements within one year of such effective date. The General Manager shall cause such discharging wells or facilities to be identified by the Geothermal Data Center, and shall cause to be offered technical assistance to affected owners during the conversion or abandonment of such discharging wells or facilities. (Ord. MC-298, passed 8-17-1983) § 13.20.380 NEW WELLS. (A)New wells meaning. All wells constructed or altered within the city subsequent to the effective date of this chapter shall be known as new wells, and shall be subject to the requirements of this article. (B)Application for well permit. In addition to all applicable state and federal requirements, any person, except the Board, desiring to construct, install or alter a well within the city shall first apply for a well permit at the Geothermal Data Center on forms provided for that purpose by the Geothermal Data Center. Well contractors or drilling operators shall not commence construction or alteration of a well prior to the owner of a proposed well receiving a well permit. (C)Application fee. All applications for a well permit shall be accompanied by an application fee established by Board resolution. (D)Application review. The General Manager shall review each application to determine any potential impacts upon the city heating service; any potential for adverse effects to the surrounding reservoir and other wells; conformity with city plans and ordinances; and to assure registration with the Geothermal Data Center. (E)Permit decision. No later than 21 days from the date of filing a well permit application, using the criteria contained in division (F) below, the General Manager shall notify the applicant, by certified mail, of his or her decision, setting forth any conditions imposed, and, if denied, the basis thereof. Any well permit issued pursuant to this chapter is in addition to any permits required by state and federal regulations. (F)Permit decision criteria. Permit decisions pursuant to division (E) above shall contain written findings for approval or denial which may include, but are not limited to, the following criteria: (1) The estimated hydrological impacts of the proposed wells operation upon the reservoir and surrounding wells; (2) The adequacy of provisions for environmental protection and public safety; (3) The compliance of the proposed well and its use with this chapter, the city’s general plan and all other applicable city laws, ordinances and regulations; and (4) Such other reservoir management criteria as may be deemed directly relevant to the proposed well or its operation. (G)Appeal of permit decision. Applicants or other affected persons may appeal the permit decision to the Board in accordance with § 13.20.270. (H)Authority to attach conditions to permits. When the General Manager determines that certain construction or operational conditions are necessary to assure the conservation and protection of thermal ground water and/or geothermal resources, or to assure the conservative and efficient utilization of said water and/or resources, the General Manager may stipulate conditions within a well permit issued according to division (E) above; such conditions may include, but are not limited to: (1) Restrictions on hours of well construction, with appropriate requirements for noise muffling and waste disposal necessary to assure compatibility with surrounding land uses; Packet Page 1235 Geothermal Resources 23 (2) Well casing requirements above and beyond state requirements, necessary for ground water and geothermal fluid protection; (3) Restrictions on pumping, heat exchanging, storage and injection operations necessary for the conservation or protection of ground waters and geothermal fluids; and (4) Requirements for scientific sampling, testing or monitoring necessary to conserve or protect ground water or geothermal fluids, or to determine the permitted wells impacts on such water or fluids. (I)Completion inspection. Upon completion of any well construction or alteration, but prior to any testing or commencement of regular use, the owner shall promptly notify the Geothermal Data Center to request a well completion inspection. Promptly after receiving such request, the Board shall cause an inspection and written report thereof to be made for purposes of assuring compliance with this chapter and registration with the Geothermal Data Center. Notice of well pump testing shall be given in accordance with § 13.20.400(C). (J)New surface discharges. Any well or geothermal facilities constructed or altered after the effective date of this chapter shall be operated or altered in such a manner as to conform with applicable environmental rules and regulations. Surface discharges for maintenance purposes shall be conducted in accordance with applicable environmental rules and regulations. (Ord. MC-298, passed 8-17-1983) § 13.20.390 INJECTION WELLS. Filing of application copy: all wells constructed, operated or maintained for purposes of injecting geothermal fluids or ground water into the ground shall comply with applicable state statutes and rules relating to injection. (Ord. MC-298, passed 8-17-1983) § 13.20.400 RESOURCE DATA COLLECTION. (A)Annual well survey. The Geothermal Data Center, in accordance with § 13.20.280(C), shall annually mail to all registered well owners, within and without the city, a questionnaire to update original registration information and to document, to the extent possible, well operation characteristics of the preceding year. Scheduling of the survey shall be determined by the General Manager and response to it shall be voluntary. The city may issue such surveys on a more frequent and geographically selective basis when investigating specialized geothermal or ground water matters. (B)Well-drilling data. A copy of all well logs prepared in accordance with state or city law shall be furnished to the Geothermal Data Center within 30 days after the completion of the well construction or alteration by the well contractor or drilling operator. (C)Well maintenance or pumping notice. No less than 24 hours prior to performing any well maintenance or maintenance-related well pumping within the city, the person performing said work shall notify, telephonically or by written or personal message, the Geothermal Data Center. Such notification shall include, but need not be limited to, the nature of maintenance or pumping to be performed, well location, name of owner and the approximate duration of the work. Notice of maintenance necessary for emergency reasons for which advance notice was impossible may be given to the Geothermal Data Center as soon as such emergency conditions will reasonably permit. (Ord. MC-298, passed 8-17-1983) § 13.20.410 CITY INSPECTION AND MONITORING OF WELLS AND GEOTHERMAL FACILITIES. (A) In connection with the principal functions and activities of the city heating service, Board officials may enter upon any property within the city for purposes of inspecting wells and geothermal facilities, or monitoring the operational characteristics of such wells and facilities, when such inspection and monitoring is reasonably necessary to the assessment of ground water or geothermal fluid temperatures, chemistry, static levels, quantities and movements; the Packet Page 1236 San Bernardino - Public Utilities24 assessment of land subsidence or erosion; or the assessment of other indices related to geothermal or ground water reservoir management, or protection of the public safety and welfare. (B) The Board shall provide affected property owners with reasonable prior notice of any intended inspection or monitoring, describing the nature, purpose and duration of the necessary inspection or monitoring; such inspections or monitoring shall be conducted in accordance with applicable city and state procedures for inspection warrants, if the land owner or other person in possession objects to any such inspection or monitoring. (Ord. MC-298, passed 8-17-1983) § 13.20.420 WASTEFUL OR DEFECTIVE WELLS - REPAIR - VIOLATION. Whenever the General Manager determines that any well within the city is, by nature of its construction, installation or operation, causing wasteful use of thermal ground water or geothermal fluids, or is adversely interfering with other wells, or is polluting ground water or surface water, the General Manager shall promptly notify the affected owner, by certified mail, of the wasteful or defective well, and require said owner to repair or adjust the well within 60 days. It is unlawful to fail to repair a well or to continue a wasteful or defective operation after expiration of the 60 days following notification. AndAny violation of this section is an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. MC-298, passed 8-17-1983; Ord. MC-460, passed 5-15-1985) ARTICLE IV. PRIVATE HEATING SERVICES § 13.20.430 ESTABLISHMENT, SERVICES AND CONDITIONS. (A)Authorization for establishment. The Board may, by resolution, authorize the establishment and operation of private geothermal heating services within the city boundary upon application therefor by any person. Such application shall be in a manner and form prescribed by and filed with the General Manager. (B)Authorized services. Private heating services may provide geothermal heating, when specifically authorized by the Board, for the following uses: (1) Less than six structures, excepting structures containing accessory uses, as such uses are defined in Title 19; and (2) Six or more structures in new land developments whose developers have also been granted a franchise by the Board for the construction, operation and maintenance of a private heating service. Such franchise shall be individually negotiated between the Board and the developer; however, any such franchise shall contain the following minimum provisions: the franchise shall be for no longer than 20 years; the franchise shall require that such land developer compensate the Board annually with a franchise fee in an amount to be negotiated; and that such franchised geothermal heating systems shall be subject to board acquisition at depreciated fair market value upon the expiration of the franchise. (C)Conditions of authorization. All private heating services authorized by the Board shall be subject to the following conditions: (1) All private heating service plans, improvements, construction, facilities, operations, maintenance and scientific research shall comply with Title 19, this chapter and all other applicable city ordinances; (2) All private heating service properties and facilities shall be subject to Board inspection in accordance with § 13.20.410; and (3) All private heating services shall maintain and make available for board inspection, such operational and maintenance records as may be stipulated by the Board at the time of authorization. (D)Private heating service facility standards. Private heating service facility standards and Packet Page 1237 Geothermal Resources 25 improvement plans, including, but not limited to, wells, pumps, pipelines, storage tanks, fittings and control devices, shall be approved in writing by the General Manager, prior to their acquisition, construction, installation or operation. (E)State jurisdiction. Board authorization shall not relieve private heating services from requirements which may be imposed upon public utility or private heating services by state statutes or rules. (Ord. MC-298, passed 8-17-1983) ARTICLE V. ENFORCEMENT § 13.20.440 ENFORCEMENT. (A)Responsible official. The General Manager, or his or her authorized representative, shall be responsible for enforcing this chapter. (B)Violations. Any person violating any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (C)Equity. In addition to any other remedies provided by law, the Board, or its authorized representative acting for and on behalf of the Council, may institute injunction, mandamus, abatement or any other appropriate proceedings to prevent or temporarily or permanently enjoin or abate the violation of any provisions of this chapter. (D)User non-compliance. In addition to other enforcement measures provided by this chapter, the Board may discontinue heating service to any user who fails to comply with provisions of this chapter after 14- day written notice to comply, sent by certified mail to said user. Said notice shall include an explanation of the Board’s intent to discontinue service, and shall offer the user an administrative hearing before an authorized Board representative in order to resolve the dispute. If no hearing is requested, or if the hearing fails to resolve the dispute, the Department may proceed to discontinue service as scheduled. (Ord. MC-298, passed 8-17-1983; Ord. MC-460, passed 5-15-1985) Packet Page 1238 San Bernardino - Public Utilities26 Packet Page 1239 CHAPTER 13.24: WATER SUPPLY SYSTEM Section[Reserved] Editor’s note: In accordance with § 603 of the City Charter, the Water Board shall be responsible for oversight and management of the city's water supply, including the regulation of water facilities. Any rules or regulations promulgated by the Water Board in connection with its powers under § 603 of the City Charter may be enforced as laws of the city in accordance with Chapter 2.28 of this municipal code. 13.24.010 Purpose 13.24.020 Definitions 13.24.030 Investigation of facilities and distribution system 13.24.040 Reports 13.24.050 Administrative variance 13.24.060 Hearing upon suspension, denial or revocation of permit 13.24.070 Water Hygiene Standards Advisory Committee 13.24.080 Responsibility of enforcement 13.24.090 Design, construction, operation, maintenance, repair and monitoring standards 13.24.100 Permit - required 13.24.110 Permit - conditions of approval 13.24.120 Permit - temporary 13.24.130 Permit - denial 13.24.140 Permit - revocation 13.24.150 Modifications to system - notice required 13.24.160 Monitoring 13.24.170 Water quality standards 13.24.180 Water quantity, source and storage requirements 13.24.190 Required separation between water mains and sanitary sewers 13.24.200 Backflow and cross-connection control 13.24.210 Treatment facilities and operation 13.24.220 Correction of sanitary defects and health hazards 13.24.230 Notification of failure to meet water quality standards 13.24.240 Permits for wells - required 13.24.250 Permits for wells - application 13.24.260 Permits for wells - conditions for approval 13.24.270 Permits for wells - denial 13.24.280 Licensing and registration of water well drillers and contractors 13.24.290 Standards for construction of wells 13.24.300 Lateral (horizontal) well standards 13.24.310 Approval of well site 13.24.320 General location of water well 13.24.330 Log of well 13.24.340 Well surface construction features 13.24.350 Disinfection of water wells 13.24.360 Water quality standards 13.24.370 Required inspection of wells 13.24.380 Approval of wells by Director 13.24.390 Well abandonment 13.24.400 Declaration of proposed reuse of wells 13.24.410 Duties of Director 13.24.420 Director’s right of entry 13.24.430 Violation - right of entry - penalty 13.24.440 Reserved § 13.24.010 PURPOSE. The purpose of this chapter is to assure that the water furnished or supplied by the domestic water supply system, under the jurisdiction of the city, shall, 27 Packet Page 1240 San Bernardino - Public Utilities28 at all times, be pure, wholesome, potable, healthful and in adequate supply and to provide minimum standards for construction, reconstruction, abandonment and destruction of wells in order to: (A) Protect underground water resources; and (B) Provide safe water to persons within the city. (Ord. 3475, passed 1-22-1975) § 13.24.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ABANDONED WELL and ABANDONMENT. Apply to a well which has not been declared for reuse by the legal owner with the Director. Test holes and exploratory holes shall be considered ABANDONED 24 hours after construction and testing work has been completed. A well whose original or functional purpose and use have been permanently discontinued or which is in such a state of disrepair that it cannot be made functional for its original purpose or any other function regulated by this chapter shall be considered an ABANDONED WELL. AGRICULTURAL WELL. Any water well used to supply water for irrigation or other agricultural purposes, including so-called “stock wells.” CATHODIC PROTECTION WELL. Any artificial excavation in excess of 50 feet constructed by any method for the purpose of installing equipment or facilities for the protection electrically of metallic equipment in contact with the ground, commonly referred to as cathodic protection. COMMUNITY WATER SUPPLY WELL. Any well which provides water for domestic water supply systems. CONTAMINATION. An impairment of the quality of water of the city by wastes or other degrading elements to a degree which creates a hazard to the public health through the possibility of poisoning or through the possibility of the spreading of disease. CROSS-CONNECTION. Any unprotected connection between any part of a water system used or intended to supply water for domestic purposes and any source or system containing water or other substance that is not or cannot be approved as safe, pure, wholesome and potable for human consumption. CUSTOMER SYSTEM. Those parts of the facilities beyond the termination of the distribution system which are utilized in conveying water to points of use beyond point of delivery. DEPARTMENT. The County Department of Environmental Health Services. DIRECTOR. The County Director of Environmental Health Services, or his or her duly authorized representative. DISTRIBUTION SYSTEM. Includes the facilities, conduits or any other means used for the delivery of water from the source facilities to the customer’s system. DOMESTIC WATER SUPPLY SYSTEM. Any water system serving two or more places of human habitation where the places are connected by an integrated pipe system owned and operated by the supplier, and all motels, hotels, mobile home parks, campgrounds, resorts and any other places that provide domestic water to their consumers, tenants, renters or customers from a water source other than a water utility operating under a valid permit. INDIVIDUAL DOMESTIC WELL. Any well used to supply water for domestic needs of an individual residence or commercial establishment. LATERAL (HORIZONTAL) WELL. A well drilled or constructed horizontally or at an angle with the horizon as contrasted with the common vertical well and does not include horizontal drains or “wells” constructed to remove subsurface water from hillsides, cuts or fills. OBSERVATION WELL. A well used for monitoring or sampling the conditions of a water-bearing aquifer, such as water pressure, depth, movement or quality. Packet Page 1241 Water Supply System 29 PERSON. Any individual, firm, corporation or governmental agency. POLLUTION. (1) Means an alteration of the quality of the waters of the city by waste to a degree which affects: (a) Such waters for beneficial uses; or (b) Facilities which serve such beneficial uses. (2)POLLUTION may include CONTAMINATION. SOURCE FACILITIES. Includes wells, stream diversion works, infiltration galleries, springs, reservoirs, tanks and all other facilities used in the production, treatment, disinfection, storage or delivery of water to the distribution system. TEST HOLE or EXPLORATORY HOLE. An excavation used for determining the nature of underground geological or hydrological conditions, whether by seismic investigation, direct observation or any other means. USER. Any individual, firm, corporation or governmental agency using water for domestic purposes except that USER shall not be defined to include any individual, firm, corporation or governmental agency furnishing or supplying water to the public in any manner. WELL or WATER WELL. Any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into, the ground. This definition shall not include: (1) Oil and gas wells, or geothermal wells constructed under the jurisdiction of the State Department of Conservation, except those wells converted to use as water wells; or (2)WELLS used for the purpose of: (a) Dewatering excavation during construction; or (b) Stabilizing hillsides or earth embankments. (Ord. 3475, passed 1-22-1975) § 13.24.030 INVESTIGATION OF FACILITIES AND DISTRIBUTION SYSTEM. Upon receipt of application for a permit pursuant to this chapter, the Department shall make a thorough investigation of the proposed or existing source facilities and distribution system and all other circumstances and conditions which it deems material. (Ord. 3475, passed 1-22-1975) § 13.24.040 REPORTS. The Department may require any permit holder or applicant to file a complete report on the condition and operation of the source facilities and distribution system. The report shall be made in such form and cover such matters as the Department prescribes and by a suitably qualified person acceptable to the Department at the sole cost and expense of the permit holder or applicant. (Ord. 3475, passed 1-22-1975) § 13.24.050 ADMINISTRATIVE VARIANCE. The Director may grant an administrative variance to the provisions of this chapter where evidence is submitted that a modification of the standards, as provided herein, will not endanger the health or safety of the public generally and strict compliance would be unreasonable in view of all the circumstances. (Ord. 3475, passed 1-22-1975) § 13.24.060 HEARING UPON SUSPENSION, DENIAL OR REVOCATION OF PERMIT. Any person whose application for a permit, or permit has been suspended, denied or revoked, may request the Department for a hearing. The person shall file with the Department a written petition requesting the hearing and setting forth a brief statement of the Packet Page 1242 San Bernardino - Public Utilities30 grounds for the request. Notice of the hearing shall be given the applicant not less than five days prior to such hearing either by registered mail or in the manner required for the service of summons in civil action. At the time and place set for the hearing, the Director will give the applicant and other interested persons an adequate opportunity to present any facts pertinent to the matter at hand. The Director may, when he or she deems it necessary, continue any hearing by setting a new time and place and by giving notice to the applicant of such action. At the close of the hearing or at any time within ten days thereafter, the Director will order such disposition of the application or permit as he or she has determined to be proper and will make such disposition known to the applicant. (Ord. 3475, passed 1-22-1975) § 13.24.070 WATER HYGIENE STANDARDS ADVISORY COMMITTEE. The Water Hygiene Standards Advisory Committee, consisting of seven persons who shall be appointed by the County Board of Supervisors, pursuant to the provisions of Division 6, Title 3 of the San Bernardino County Code, shall function as the City Water Hygiene Standards Advisory Committee. (Ord. 3475, passed 1-22-1975) § 13.24.080 RESPONSIBILITY OF ENFORCEMENT. The County Department of Environmental Health Services shall have the responsibility to monitor and enforce all applicable laws and orders for domestic water supply systems with less than 200 service connections and any motels, hotels, mobile home parks, campgrounds, resorts and any other places that provide water to its consumers, tenants, renters or customers from a source other than a water utility operating under a valid permit. (Ord. 3475, passed 1-22-1975) § 13.24.090 DESIGN, CONSTRUCTION, OPERATION, MAINTENANCE, REPAIR AND MONITORING STANDARDS. Minimum standards for the design, construction, operation, maintenance, repair and monitoring for domestic water systems requiring a permit by this chapter shall also include those standards in the Cal. Health and Safety Code, Division 5, Part 1, Chapter 7, “Water and Water Systems”; and Cal. Administrative Code, Title 17, Part 1, Chapter 5, Subchapter 1: (A) Water Quality Monitoring, §§ 7001—7025; (B) Water Quality Standards, §§ 7001—7025; (C) Waterworks Standards, §§ 7050—7081; (D) Cross-Connection Control, §§ 7583—7622; and (E) Operator Certification, §§ 7100—7134. (Ord. 3475, passed 1-22-1975) § 13.24.100 PERMIT - REQUIRED. It is unlawful for any person to furnish or supply water to a user for domestic purposes from any source of water supply unless he or she first files a written application to do so with the Department and receives and possesses a valid permit as provided in §§ 13.24.110 through 13.24.140. (Ord. 3475, passed 1-22-1975; Ord. MC-460, passed 5-15-1985) § 13.24.110 PERMIT - CONDITIONS OF APPROVAL. Permits shall be issued subject to compliance with the standards provided in this chapter and with the submission and subsequent approval by the Department of plans demonstrating compliance with these standards, except where such standards shall be inapplicable or modified as expressly provided for in this chapter. Permits may also include any other condition or requirement found by the Department to be necessary to accomplish the purpose of this chapter. (Ord. 3475, passed 1-22-1975) Packet Page 1243 Water Supply System 31 § 13.24.120 PERMIT - TEMPORARY. The Department may, for good cause, grant a temporary permit to any person who has filed an application for a permit, as provided in § 13.24.100, upon such terms as it determines are in the public interest pending completion of the investigation required by § 13.24.030. (Ord. 3475, passed 1-22-1975) § 13.24.130 PERMIT - DENIAL. If, upon the completion of the investigation, the Department determines, as a fact, that the water furnished or supplied or proposed to be supplied is such that under any circumstances and conditions it is impure, unwholesome, unpotable or may constitute a menace or danger to health or lives of human beings, or the existing or proposed source facility or distribution system is unhealthful or insanitary or not suited to the production and delivery of pure, wholesome, potable and healthful water at all times, it shall deny the application and order the applicant to make such changes as it deems necessary to secure a continuous supply of pure, wholesome, potable and healthful water. (Ord. 3475, passed 1-22-1975) § 13.24.140 PERMIT - REVOCATION. Any permit issued may be revoked or suspended by the Department at any time if it determines that the water being supplied or furnished by the permittee is or will become impure, unwholesome, unpotable or endanger the lives or health of human beings. (Ord. 3475, passed 1-22-1975) § 13.24.150 MODIFICATIONS TO SYSTEM - NOTICE REQUIRED. It is unlawful for any person to modify, add to or change his or her source facilities or distribution system until he or she notifies the Department, submits information required by the Department and receives approval from the Director authorizing such modifications, additions or changes. (Ord. 3475, passed 1-22-1975; Ord. MC-460, passed 5-15-1985) § 13.24.160 MONITORING. Any person who furnishes or supplies water to a user for domestic purposes shall provide, at such person’s expense, analysis of such water to the Department as per Cal. Administrative Code, Title 17, “Domestic Water Supplies Quality and Monitoring.” (Ord. 3475, passed 1-22-1975) § 13.24.170 WATER QUALITY STANDARDS. All water sources used for domestic water supply shall meet the minimum standard in Cal. Administrative Code, Title 17, “Domestic Water Supplies Quality and Monitoring.” (Ord. 3475, passed 1-22-1975) Packet Page 1244 San Bernardino - Public Utilities32 § 13.24.180 WATER QUANTITY, SOURCE AND STORAGE REQUIREMENTS. The quantity of water available from all water sources and distribution storage reservoirs shall be as per Table 1 and Table 2 below. Table 1 Gravity Storage System Source and Storage Capacity Minimum Use Recreational Dwelling with No Irrigation Median Use Typical or Average Residence and Lot High Use Residence with Large Lot No. of Service Connections Source Capacity (gpm) Storage Capacity (gals) Source Capacity (gpm) Storage Capacity (gals) Source Capacity (gpm) Storage Capacity (gals) 10 11 3,500 17 4,000 28 4,900 20 19 6,900 32 7,800 53 9,600 30 26 10,100 45 11,400 75 14,100 40 33 13,100 57 14,800 95 18,400 50 40 15,900 69 18,000 115 22,500 60 46 18,500 80 21,000 134 26,400 70 52 20,900 90 23,800 151 30,200 80 58 23,100 100 25,400 167 33,900 90 64 25,100 109 27,800 181 37,500 100 69 27,000 117 30,100 195 41,000 120 74 30,500 133 34,500 220 47,700 140 79 33,600 149 38,900 245 54,000 160 84 36,400 165 43,300 270 59,900 180 89 39,200 181 47,700 295 65,400 200 94 42,000 197 52,200 320 70,500 “Source and Storage Design Guide for Small Water Systems,” State of California, State Department of Health, Water Sanitation Section, 1967 Ord. 3475, passed 1-22-1975 Packet Page 1245 Water Supply System 33 Table 2 Pressure Tank System Source Capacity Minimum Use Recreational Dwelling with No Irrigation Median Use Typical or Average Residence and Lot High Use Residence with Large Lot No. of Service Connections Source Capacity (gal. per min.) Source Capacity (gal. per min.) Source Capacity (gal. per min.) 10 40 50 69 20 77 97 133 30 110 140 193 40 142 180 248 50 174 219 302 60 200 255 354 70 226 288 403 80 251 312 449 90 273 341 494 100 294 367 537 120 328 420 618 140 363 473 695 160 387 526 770 180 416 579 840 200 444 630 908 “Source and Storage Design Guide for Small Water Systems,” State of California, State Department of Health, Water Sanitation Section, 1967 Ord. 3475, passed 1-22-1975 (Ord. 3475, passed 1-22-1975) Packet Page 1246 San Bernardino - Public Utilities34 § 13.24.190 REQUIRED SEPARATION BETWEEN WATER MAINS AND SANITARY SEWERS. Underground street utility location for water and sewer mains shall conform to the standards contained in the current County Road Department publication entitled “Standard Specifications, Drawings 310 and 311;” the State Department of Health bulletin entitled “Required Separation Between Water Mains and Sanitary Sewers;” and any standards established by the city. (Ord. 3475, passed 1-22-1975) § 1 3 . 2 4 . 2 0 0 B A C K F L O W A N D CROSS-CONNECTION CONTROL. Every person furnishing or supplying water to users shall, by approved methods, prevent water from unapproved sources or any other substances from entering the domestic water system and shall conform to the standards of Cal. Administrative Code, Title 17, “Cross-Connection Control.” (Ord. 3475, passed 1-22-1975) § 13.24.210 TREATMENT FACILITIES AND OPERATION. Treatment facilities and operation shall be provided as required by the Department on a case-by-case basis. Treatment of all surface waters shall be provided and shall include, but not be limited to, reliable disinfection. (Ord. 3475, passed 1-22-1975) § 13.24.220 CORRECTION OF SANITARY DEFECTS AND HEALTH HAZARDS. The Department may order such repairs, alterations or additions to the proposed or existing source facilities and distribution system as will ensure that the water furnished or supplied shall, at all times, be pure, wholesome, potable and healthful without danger to the health of human beings. (Ord. 3475, passed 1-22-1975) § 13.24.230 NOTIFICATION OF FAILURE TO MEET WATER QUALITY STANDARDS. (A) When it is determined by the Department that it is in the public interest, the Department shall notify a person who has not met the standards of the Department for water quality of such non-compliance, and shall require such person to notify each of his or her customers in writing of the Department’s determination that the quality of the water fails to comply with the standards, requirements or conditions established by the Department and to include any comments of the Department regarding the possible dangers because of such non-compliance. The content of such statement shall be approved by the Department prior to distribution. Notification by such person shall be repeated at intervals as required by the Department or until the Department determines that the quality of the water complies with the standards or requirements of the Department. (B) Any person who fails to comply with the provisions of this section is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (C) After 90 days from the date of notification that the quality of domestic water fails to comply with the standards or requirements established by the Department, the Department may bring an action in the Superior Court where such person shall be required to establish that he or she is not in violation of these requirements or that he or she has a reasonable plan for bringing the source facilities, distribution system and the domestic water into compliance. If this is not established, a cease and desist order shall be issued to prevent any new service connection by such person until such time that the standards or requirements are met. Packet Page 1247 Water Supply System 35 (D) If a reasonable plan is established, but is not being complied with, the Department shall request that the court review the person’s actions. If the court determines that the plan is not being complied with, a cease and desist order shall be issued as described in division (C) above. (Ord. 3475, passed 1-22-1975; Ord. MC-460, passed 5-15-1985) § 13.24.240 PERMITS FOR WELLS - REQUIRED. It is unlawful for any person, as principal, agent or employee, to dig, drill, bore, reconstruct or destroy: (A) A well that is or has been used to produce or inject water; (B) A cathodic protection well; (C) An observation well; or (D) An exploration well unless he or she first files a written application to do so with the Department and receives and possesses a valid permit as provided in this chapter. (Ord. 3475, passed 1-22-1975; Ord. MC-460, passed 5-15-1985) § 13.24.250 PERMITS FOR WELLS - APPLICATION. Applications for permits shall be submitted to the Department and shall include the following: (A) A plot plan showing the location for the well with respect to the following items within a radius of 500 feet from the well: (1) Property lines, including ownership; (2) Sewage or waste disposal systems or works for carrying or containing sewage or waste; (3) All intermittent or perennial, natural or artificial bodies of water or watercourses; (4) The approximate drainage pattern of the property; (5) Other wells, including abandoned wells; and (6) Access road(s) to well site. (B) Location of the property (legal description); (C) The name and contractor’s license classification, including number, of the person constructing the well; (D) The proposed or probable depth of the well; (E) The proposed minimum depths and types of casing and probable minimum depth of perforations to be used if such data can be reasonably projected; (F) The proposed use of the well; (G) Where proposed work is reconstruction or destruction of a well, provide the following, if available: (1) Total depth; (2) Depth and type of casing used; (3) Depth of perforations; (4) Well log; and (5) Any other pertinent information. (H) Description of method of reconstruction or destruction of well; Packet Page 1248 San Bernardino - Public Utilities36 (I) Location and classification of any solid waste disposal sites within two miles of the proposed well; and (J) Other information as may be necessary to determine if the underground waters will be adequately protected. (Ord. 3475, passed 1-22-1975) § 13.24.260 PERMITS FOR WELLS - CONDITIONS FOR APPROVAL. Permits shall be issued subject to compliance with the standards provided in §§ 13.24.240 through 13.24.270 and with the submission and subsequent approval by the Department of plans demonstrating compliance with these standards, except that such standards shall be inapplicable or modified as expressly provided for in §§ 13.24.240 through 13.24.270. Permits may also include any other condition or requirement found by the Department to be necessary to accomplish the purposes of §§ 13.24.240 through 13.24.270. (Ord. 3475, passed 1-22-1975) § 13.24.270 PERMITS FOR WELLS - DENIAL. If, upon the completion of the investigation, the Department determines, as a fact, that the standards of this chapter have not been met, it shall deny the application. (Ord. 3475, passed 1-22-1975) § 13.24.280 LICENSING AND REGISTRATION OF WATER WELL DRILLERS AND CONTRACTORS. It is unlawful for any person to engage in an activity listed in this chapter unless he or she is in compliance with the provisions of this chapter and has a valid license in accordance with the California Contractor’s State License Law (Cal. Business and Professions Code, Division 3, Chapter 9), as appropriate to the activity to be engaged in. Such a person shall register with the Department prior to commencing any activity regulated by this chapter. (Ord. 3475, passed 1-22-1975; Ord. MC-460, passed 5-15-1985) § 13.24.290 STANDARDS FOR CONSTRUCTION OF WELLS. Standards for the construction, reconstruction, destruction or abandonment of wells shall be the standards recommended in the State Department of Water Resources Bulletin No. 74, Chapter II. For cathodic protection wells, the standard shall be those recommended in Chapter II of the State Department of Water Resources Bulletin No. 74-1. (Ord. 3475, passed 1-22-1975) § 13.24.300 LATERAL (HORIZONTAL) WELL STANDARDS. Location, design and monitoring of lateral wells will be in accordance with the standards recommended in the State Department of Health, Water Sanitation Section, handout titled “Requirements for Use of Lateral Wells in Domestic Water Systems.” (Ord. 3475, passed 1-22-1975) § 13.24.310 APPROVAL OF WELL SITE. Before construction begins on a well that is intended to be part of a system that purveys domestic water, the drilling site shall first be approved by the Director, or his or her representative. In the event that the well is to serve a system under the direct jurisdiction of the State Department of Health, then that agency may make site approval and notify the Director of its approval or disapproval. (Ord. 3475, passed 1-22-1975) Packet Page 1249 Water Supply System 37 § 13.24.320 GENERAL LOCATION OF WATER WELL. (A) (1) It is unlawful for any person to drill, dig, excavate or bore any water well in any location in which sources of pollution or contamination are known to exist or at such location whereby such water may become contaminated or polluted even though the wells were properly constructed and maintained. (2) All wells shall be located an adequate horizontal distance from potential sources of contamination and pollution: (a) Sewers, watertight septic tank or pit privy, 50 feet minimum; (b) Subsurface sewage leaching field, 100 feet minimum; (c) Cesspool or seepage pit, 150 feet minimum; (d) Animals or fowl kept, 100 feet minimum; and (e) Any subsurface sewage disposal system discharging 5,000 gallons per day or more, 200 feet minimum. (B) Minimum distances from other sources of pollution or contamination shall be as established by the State Department of Health’s “Standards Regarding Location of Public Water Supply Wells With Respect to Sources of Contamination of Pollution.” (C) Where adverse or special hazards are involved, the above distances shall be increased or special means of protection, particularly in the construction of the well, shall be provided as determined by the Department. (Ord. 3475, passed 1-22-1975) § 13.24.330 LOG OF WELL. (A) Any person who has drilled, dug, excavated or bored a well, subject to this chapter, shall, within 30 days after completion of the drilling, digging, excavation or boring of such well, furnish the Department with a complete log of such well. This log shall include depths of formation, character, size distribution, color for all lithological units penetrated, as well as the type of casing, the depth of the well, the number and location of the perforations in the casing and any other data required by the Department. In any areas where insufficient subsurface information is available, the Department may require inspection of the well log during any phase of the wells construction where required to achieve the purposes of this chapter may require modification of the remaining planned work. (B) A copy of the log providing such information submitted to concerned state agencies shall satisfy this requirement. (Ord. 3475, passed 1-22-1975) § 13.24.340 WELL SURFACE CONSTRUCTION FEATURES. (A)Water well surface sealing. All water wells drilled, dug, excavated or bored shall be provided with: a watertight reinforced concrete slab of minimum thickness of six inches, top of slab to be a minimum four inches above ground level or floor level at well site and slab shall extend horizontally at least three feet from the center of the well casing in all directions, and the concrete slab shall adequately slope so as to drain water away from the well casing. (B)Sample spigot. A sample spigot shall be provided on the pump discharge line of any water well used as a domestic water supply, as close to the pump as practical and on the distribution side of the check valve. Packet Page 1250 San Bernardino - Public Utilities38 (C)Check valve. A check valve shall be provided on the pump discharge line as near the pump as possible for all community water supply wells. (D)Water well disinfection pipe. All community water supply wells and individual domestic wells shall be provided with a pipe or other effective means through which chlorine or other disinfecting agents may be introduced directly into the well. The pipe shall be extended to a height equal to the pump slab or at least four inches above the finished grade, shall be kept sealed and shall be provided with a threaded or equivalently secured cap. (E)Water well master meter. A master meter or other suitable measuring device shall be provided for each source facility to register accurately the quantity of water delivered to the distribution system for all community water supply wells. (F)Air-relief vent. An air-relief vent, if used, shall terminate downward and be screened and protected against the possibility of contaminating material entering the vent. (Ord. 3475, passed 1-22-1975) § 13.24.350 DISINFECTION OF WATER WELLS. Every new, repaired or reconstructed community water supply well or individual domestic well, after completion of construction, repair or reconstruction, and before being placed in service, shall be thoroughly cleaned of all foreign substances. The well, including the gravel used in the gravel-packed wells, the pump, pump column and all portions of equipment coming in contact with well water shall be disinfected with a solution containing at least 50 parts per million available chlorine, which shall remain in the well for a period of at least 24 hours or by an equivalent method of disinfection satisfactory to the Department, and such procedure shall be repeated, as necessary, to produce water which is bacteriologically satisfactory as set forth by Cal. Administrative Code, Title 17, “Water Quality Standards.” (Ord. 3475, passed 1-22-1975) § 13.24.360 WATER QUALITY STANDARDS. Water from all new and reconstructed wells shall be tested for chemical and physical quality in accordance with Cal. Administrative Code, Title 17, “Water Quality Standards,” by a laboratory approved by the State Department of Health. (Ord. 3475, passed 1-22-1975) § 13.24.370 REQUIRED INSPECTION OF WELLS. The Department shall be notified at least 24 hours in advance to make an inspection of the following operations: (A) Prior to the sealing of the annular space or filing of the conductor casing; (B) After installation of the surface protective slab and pumping equipment; (C) During destruction of all wells, after the well has been sealed as per the approved plans; and (D) Any other operation which might be stipulated on the permit by the Director to cope with special or unusual conditions. (Ord. 3475, passed 1-22-1975) § 13.24.380 APPROVAL OF WELLS BY DIRECTOR. No water from a new or reconstructed well shall be used for domestic purposes until the well is given final approval by the Director. (Ord. 3475, passed 1-22-1975) Packet Page 1251 Water Supply System 39 § 13.24.390 WELL ABANDONMENT. At the time of removal of a pump, the casing shall be provided with an adequate cap at the surface and shall be maintained so that it will not be a hazard to health or safety until such time that the abandoned well is properly sealed from the bottom to the top. It is unlawful to use an abandoned well for the disposal of any waste material. If, after 30 days, the owner of the well has not declared the well for proposed reuse pursuant to § 13.24.400, then the well shall be destroyed (sealed) pursuant to § 13.24.290. If an abandoned well is found by the Director to be a hazard, that by its continued existence causes significant damage to the ground water or to the health, safety or welfare of the people of this city, the Director shall direct the owner to destroy (seal) the well within a stated period of time. (Ord. 3475, passed 1-22-1975) § 13.24.400 DECLARATION OF PROPOSED REUSE OF WELLS. The owner of a well, the use of which has been or is soon to be discontinued, may apply to the Department, in writing, his or her intention to use the well again for its original or other approved purpose. The Department shall review such a declaration and grant an exemption from certain of the provisions of § 13.24.390; provided no undue hazard to health or safety is created by the continued existence of the well. Such an exemption must be applied for and granted annually and may be terminated for cause by the Director at any time. (Ord. 3475, passed 1-22-1975) § 13.24.410 DUTIES OF DIRECTOR. It shall be the duty of the Director of Environmental Health Services of the County Department of Environmental Health Services to enforce the terms and provisions of this chapter. In the event it is determined that any fees or charges are to be established and collected by the Director, then the city shall make and establish such fees and charges pursuant to this chapter, and the city and the county shall enter into a contract concerning same. (Ord. 3475, passed 1-22-1975) § 13.24.420 DIRECTOR’S RIGHT OF ENTRY. It is unlawful for any person to resist, or attempt to resist, the entrance of the Director, or his or her deputy, onto any premises for the purposes of the performance of his or her duty or to refuse to obey any lawful order of the Director made in the performance of his or her duties within the power conferred upon him or her by law or by this chapter. (Ord. 3475, passed 1-22-1975; Ord. MC-460, passed 5-15-1985) § 13.24.430 VIOLATION - RIGHT OF ENTRY - PENALTY. (A) The Director may, at any and all reasonable times, enter any and all places, property, enclosures and structures for the purpose of making examinations and investigations to determine whether any provision of this chapter is being violated. (B) It is unlawful for any person to furnish or supply to a user water used, or intended to be used, for human consumption or for domestic purposes which is impure, unwholesome, unpotable, polluted or dangerous to health. (C) Every person, firm, association, society or corporation violating any provision of this chapter or failing to comply with any order the Department issued pursuant to this chapter, or who procures, aids or abets in any such violation or failure, is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. Packet Page 1252 San Bernardino - Public Utilities40 (D) The continued existence of any violation of this chapter, or of any order of the Department issued pursuant to this chapter, beyond the time stipulated for compliance with its provisions, constitutes a separate and distinct offense. (E) Anything done, maintained or suffered in violation of any of the provisions of this chapter is a public nuisance dangerous to health, and may be enjoined or summarily abated in the manner provided by law. Every public officer or body lawfully empowered so to do shall abate the nuisance immediately. (F) Any person who furnishes or supplies to a user water used or intended to be used for human consumption or for domestic purposes, without having a valid permit so to do, may be enjoined from so doing by any court of competent jurisdiction at the suit of the Director. (Ord. 3475, passed 1-22-1975; Ord. MC-460, passed 5-15-1985) § 13.24.440 RESERVED. [Reserved] (Repealed by Ord. MC-460, passed 5-15-1985) Packet Page 1253 CHAPTER 13.25: SPREADING OR EXTRACTION WITH THE MANAGEMENT ZONE Section 13.25.010 Purpose 13.25.015 Background pertaining to Newmark ground water contamination superfund site 13.25.020 Definitions 13.25.025 Permits 13.25.035 Approval of permits 13.25.040 Reporting 13.25.045 Revocation and emergency powers 13.25.047 Interference by existing wells with consent decree or SOW 13.25.050 Consent orders 13.25.055 Cease and desist orders 13.25.060 Hearing procedures and appeals 13.25.070 Violations, remedies and penalties Appendix A: Exhibits § 13.25.010 PURPOSE. (A) The purpose of this chapter is to assure that activities occurring in the management zone, including, but not limited to, development, digging, drilling, boring or reconstruction of wells; extraction of ground water from wells; and spreading of water do not interfere with or cause pass through of contaminants from the Newmark and Muscoy Operable Units. Activities, such as well construction or reconstruction or artificial recharge undertaken in the management zone, shall not cause or contribute to the migration of ground water contaminants from the Newmark and Muscoy Operable Units to uncontaminated areas, nor shall such activities, even at their maximum operation, interfere with or adversely affect the integrity of the Newmark or Muscoy extraction and treatment systems, nor shall they otherwise interfere with the performance of these interim remedial actions at the Newmark and Muscoy Operable Units. (B) It is the further purpose of this chapter to assure the protection of human health and the environment, and compliance with relevant federal and state requirements directly associated with the performance of the remedy. It is the further purpose of this chapter to manage the spreading of water within the management zone and manage the development, digging, drilling, boring, reconstruction of wells and extraction of ground water from wells; to assure compliance with the remedial program set forth in the RODs, consent decree and statement of work, as defined below; and aid in the eventual restoration of the aquifer to beneficial use. (C) It is the further intent of this chapter to regulate activities within the management zone only to the extent necessary to achieve the purposes set forth and to minimize the regulatory impacts to those intending to spread water or develop ground water resources in the management zone. In addition to any other requirements of this chapter, the following requirements shall apply to the management zone. Nothing contained herein shall exclude compliance with the other provisions of this chapter. In the event of any conflict between the provisions of this chapter and any other chapter, the terms and provisions of this chapter shall apply. § 13.25.015 BACKGROUND PERTAINING TO N E W M A R K G R O U N D W A T E R CONTAMINATION SUPERFUND SITE. Background: (A) In 1980, the state performed sampling of certain wells belonging to the City Municipal Water Department (“SBMWD”). These samples disclosed the presence of various contaminants, including trichloroethylene (“TCE”) and perchloroethylene 41 Packet Page 1254 San Bernardino - Public Utilities42 (“PCE”). (B) Pursuant to § 105 of the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9605, the United States Environmental Protection Agency (“EPA”) placed the Newmark Ground Water Contamination Superfund Site (“site”) on the National Priorities List (“NPL”), as set forth in 40 C.F.R. pt. 300, Appendix B, by publication in the Federal Register on March 31, 1989, 54 Fed. Reg. 13296, 13301. (C) In late 1990, EPA commenced a remedial investigation (“RI”) focusing on the Newmark Operable Unit (“OU”). In September 1992, EPA expanded the RI to include the Muscoy OU. (D) In March 1993, EPA published notice of the completion of the feasibility study (“FS”) and the proposed plan for interim remedial action pertaining to the Newmark OU. In December 1994, EPA published notice of the completion of the FS and proposed plan for interim remedial action pertaining to the Muscoy OU. (E) EPA’s determinations concerning the interim remedial actions to be implemented at the site are set forth in the Newmark OU record of decision (“ROD”), signed August 4, 1993, and Muscoy ROD signed March 24, 1995 and the explanation of significant differences (“ESD”) signed on August 18, 2004. (F) On September 18, 1995, EPA, the state and SBMWD entered into a cooperative agreement providing, in part, for SBMWD to perform the operation and maintenance (“O&M”) of the remedial action set forth in the RODs, and for EPA to fund the O&M. (G) In September 1996, the SBMWD commenced an action against the United States Army, pursuant to §§ 107 and 113 of CERCLA, seeking to obtain its costs for response and the operation and maintenance of the Newmark and Muscoy OUs (City of San Bernardino v. United States of America, Dept. of the Army, et al. USDC Case No. CV 96-5205 MRP (JGx) consolidated with USDC Case No. CV 96-8867 MRP (JGx)). (H) Commencing in June 2000, SBMWD, State Department of Toxic Substance Control (“DTSC”) and EPA commenced negotiations to resolve various issues relating to the site OU, Newmark OU and Muscoy OU. On March 23, 2005, the consent decree memorializing the settlement was entered by the court. (I) The consent decree requires, in part, for the city to implement an ordinance providing for protection and management of the interim remedy set forth in the RODs and ESD and specifically for the city to regulate the spreading and extraction of water from the Bunker Hill Basin within the city in order to prevent or correct spreading practices or extraction operations that could interfere with or interrupt or degrade the performance of the interim remedy. (J) The protection of ground water resources within the city is of utmost importance to the city and SBMWD. The public health, safety and general welfare of the people of the state and of the more than 600,000 residents of the Counties of San Bernardino and Riverside, who depend upon the continued availability of potable ground water from the Bunker Hill Basin, is paramount. The public health, safety and general welfare of the people of the state and the residents of the city require assurance that spreading of water and extraction of ground water do not interrupt or interfere with the construction, operation and maintenance of the interim remedy or degrade the performance of the interim remedy. (K) The interim remedy requires, in part, the extraction of contaminated ground water from the Bunker Hill Water Basin, and within the Newmark and Muscoy OUs, and treatment of the ground water to meet all state and federal permits and requirements for drinking water and delivery of treated water to SBMWD for distribution to the public through its potable water system, or in the alternative, for recharge to the aquifer. (L) The inhibitor wells are located at the downgradient end of the management zone. The inhibitor wells currently in place were designed to function based upon hydrological factors relating to the flow of water through the basin. The rate of flow through the basin may increase when additional spreading occurs at spreading basins located Packet Page 1255 Spreading or Extraction with the Management Zone 43 upgradient from the inhibitor wells. Another factor affecting flow rate is the amount of water flowing through the basin and either extracted or flowing out of the basin. When extraction of ground water occurs downgradient or to the side of management zone, or the capacity of existing downgradient or adjacent wells are increased, the rate of flow may increase. Should an increase in the flow of water occur beyond the capacity of the inhibitor wells, the inhibitor wells may not be able to contain and extract the additional contaminated water before it enters the aquifer downgradient from the inhibitor wells. (M) As required by the consent decree, the city must exercise its police power to protect the public welfare of the city by adopting reasonable regulatory measures. § 13.25.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADVERSE EFFECT and ADVERSELY EFFECT. Any proposed new or reconstructed well, or any water spreading (artificial recharge) activity, forecast to reduce particle capture (as measured using predictive particle tracking) below 95% at any time in the proposed future permit term, shall be presumed to have an adverse effect under this chapter. This presumption may be rebutted by project re-design or mitigation measures to restore particle capture percentages, over a hydrologic cycle representative of long-term hydrology and extending for a term at least as long as a proposed permit term, to at least 95% at all times, with the proposed project operating at the full permitted capacity for the life of the proposed project. APPLICANT. The person or entity submitting the application addressed in this chapter. The term APPLICANT shall also include the person or entity granted any permit or permission pursuant to the terms of this chapter, and shall also include all licensees, lessees, agents, contractors, operators, employees, officers, directors, representatives, attorneys, successors, assigns, heirs and other persons or entities exercising the rights of the permit through applicant. The term APPLICANT shall not include a party to the ICGMP that is exempt from the provisions of this chapter as provided in § 13.25.025(G). AQUIFER. A geologic formation that stores, transmits and yields significant quantities of water to wells and springs. BARRIER WELL. See INHIBITOR WELL below. BASIN. The Bunker Hill Basin. CITY. The City of San Bernardino. CODE. The San Bernardino Municipal Code. CONTAMINATION. Any impairment in the quality of water of the city by wastes or other degrading elements in amounts or concentrations violating any federal or state drinking water standard or applicable permit limit for the water produced by the interim remedy, or otherwise. DAY. A calendar day. DEPARTMENT. The San BernardinoCity Municipal Water Department. DOHS. State of California Department of Health Services. DTSC. State of California Department of Toxic Substance Control. EPA. The United States Environmental Protection Agency. EXTRACTION. The process of taking water from the ground water aquifer by way of wells and other appurtenances. FS. The feasibility studies performed by EPA for the site and completed in March 1993 and December 1994. GENERAL MANAGER. The San Bernardino City Municipal Water Department General Manager, Packet Page 1256 San Bernardino - Public Utilities44 or designee. GROUND WATER. All water beneath the surface of the earth within the zone below the water table in which the soil is saturated with water. GROUND WATER MODEL or MODEL. The mathematical calculations required to be produced pursuant to the consent decree and SOW addressing the physical characteristics of the ground water in the Bunker Hill Basin under various conditions. The ground water model is a three-dimensional numerical model that will account for changes in water levels over time, and will account for spatial variations in underground hydrologic parameters. The GROUND WATER MODEL can be used to perform predictive particle tracking by simulating future ground water levels in three dimensions over time. INHIBITOR WELL. The wells designed by EPA for the extraction of water from specific areas of the basin and identified in the RODs. MANAGEMENT ZONE. The geographic area depicted and defined on Exhibit A and Exhibit B, on file in the office of the General Manager of SBMWD. The “management zone” is referred to in the consent decree as the “permit zone.” MITIGATION MEASURES. Readily enforceable and verifiable steps taken to reduce or eliminate adverse effects forecast for a proposed new or reconstructed well or water spreading (artificial recharge) project by predictive particle tracking. MITIGATION MEASURES can include, but are not limited to: (1) Locating an additional well or wells in the contaminant plume to counteract migration of contaminants past the inhibitor wells; (2) Readily enforceable and verifiable pumping restrictions; and (3) Physical reductions in the size of well equipment to limit the well capacity. NPL. National Priorities List. OU. Operable Unit. PERSON. Any state or local government agency, private corporation, firm, partnership, individual, group of individuals, organization, association or, to the extent authorized by law, any federal agency. PREDICTIVE PARTICLE TRACKING. The use of the ground water model, with the inhibitor wells operating at a design rate under the SOW, over a representative hydrologic cycle, including representative wet and dry periods for the Bunker Hill Basin, to determine the percentage of particle capture achieved at all times over the life of the proposed project, including any applicable mitigation measures or project re-design, with the proposed project operating at full permitted capacity for the entire permit term. PROJECT RE-DESIGN. Verifiable and enforceable changes in the physical design, equipment or location or volume of a proposed water spreading (artificial recharge) or new or reconstructed well project intended to reduce or eliminate adverse effects forecast for a project evaluated with predictive particle tracking. RI. The remedial investigations performed at the site for the Newmark Operable Unit and the Muscoy Operable Unit. RECORD OF DECISION or ROD. The record of decision for the Newmark Operable Unit signed August 4, 1993 and the record of decision for the Muscoy Operable Unit signed March 24, 1995 setting forth the provisions of the interim remedy to be implemented in addressing the contamination identified in RI/FS. REMEDY or INTERIM REMEDY. The course of action set forth in the RODs, statement of work (“SOW”) and consent decree (“CD”) relating to the operation and maintenance of the remedial action specified in said documents. SBMWD. The San BernardinoCity Municipal Water Department. SITE. The Newmark Ground water Packet Page 1257 Spreading or Extraction with the Management Zone 45 Contamination site identified in 40 C.F.R. pt. 3rd Appendix B, published in the Federal Register on March 31, 1989, 54 Fed. Reg. 13296, 13301. SPREADING BASIN. Areas, facilities and portions of land set aside for the deposit of water with the intent to allow the water to percolate into the ground water basin, as depicted on Exhibit C in Appendix A, attached hereto and incorporated by this reference and on file in the office of the General Manager of SBMWD. STATEMENT OF WORK (“SOW”). The document incorporated into the consent decree, referenced in § 13.25.015(H), setting forth the implementation of the remedial action to be performed by SBMWD, EPA and DTSC relating to the Newmark OU and Muscoy OU. WELL or WATER WELL. Any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into the ground. This definition shall not include: (1) Oil or gas wells, or geothermal wells constructed under the jurisdiction of the State Department of Conservation, except those wells converted to use as water wells; or (2) Wells used for the purpose of: (a) Dewatering excavation during construction; or (b) Stabilizing hillsides or earth embankments. § 13.25.025 PERMITS. (A)Spreading. Unless a permit issued by SBMWD pursuant to this chapter is first obtained, it shall be unlawful for any person, as principal, agent or employee, to spread water (artificial recharge) within the management zone. (B)Ground water extraction. Unless a permit issued by SBMWD pursuant to this chapter is first obtained, it shall be unlawful for any person to develop, dig or drill a new well, or to reconstruct an existing well in a manner to increase its maximum capacity over its maximum capacity on March 23, 2005, or the most recent operation if the well was inoperable on March 23, 2005, or to allow the development, digging, drilling or reconstruction of any well on land located within the management zone. (C)Application for permit. An application for a permit shall be filed by the landowner or the applicant with the SBMWD on a form provided by SBMWD. The applicant has an affirmative duty to provide accurate representations of all material facts in the application. (D)Contents of application for permit for extraction. The contents of the application for permit for extraction shall include, as a minimum, all of the items set forth in § 13.24.250 and the elevations of proposed screening intervals, and such other information as SBMWD determines necessary and appropriate to evaluate the application and assure that the proposed extraction will not interfere with, compromise, endanger or detrimentally or adversely affect the interim remedy or otherwise cause or contribute to the movement of contaminants to areas downgradient of the inhibitor wells, or increase the likelihood that contaminants will migrate past or around these wells, or interfere with or adversely affect the interim remedy. (E)Contents of application for permit for spreading. The contents of the application for permit for spreading shall include, as a minimum, the name of the person proposing to conduct the spreading; the time period over which the spreading is proposed to occur; the volume, location and such other information as SBMWD may determine necessary and appropriate to evaluate the application and assure the proposed spreading will not interfere with, compromise, endanger or detrimentally affect the interim remedy or otherwise cause or contribute to the movement of contaminants to areas downgradient of the inhibitor wells. (F)Fees. SBMWD may levy a fee for review of the application for permit and monitoring of compliance with the permit. The fee shall be established by resolution of the SBMWD Board of Packet Page 1258 San Bernardino - Public Utilities46 Water Commissioners. (G)Exemption from permit and related requirements for institutional controls ground water management program (“ICGMP”) members. By agreement effective January 1, 2005, a number of local water agencies have entered into the agreement entitled “Agreement to Develop and Adopt an Institutional Controls Ground Water Management Program.” That program currently provides for short-term restrictions on production and spreading to protect the interim remedy while a long-term agreement is negotiated. The long-term agreement will be as protective of the interim remedy as this chapter, and projects which are subject to the ICGMP or successors to that agreement will be reviewed and approved by the ICGMP parties pursuant to those agreements. As long as a party proposing to construct or reconstruct a well or to spread water for artificial recharge is a member in good standing of the ICGMP under the agreement effective January 1, 2005, or successors to that agreement, that party’s project(s) will be exempt from the provisions of this chapter and will be reviewed and approved pursuant to the ICGMP or successors to that agreement rather than this chapter. Compliance with ICGMP requirements shall be deemed to be full compliance with this chapter. Non-compliance with ICGMP requirements shall be addressed pursuant to remedies provided for in the ICGMP agreement or successors to it. In the event the ICGMP expires or lapses while this chapter is in force, or a party with an approved spreading or well project withdraws from the ICGMP, any mitigation measures, project re-design measures, access and monitoring requirements and parallel undertakings imposed or agreed to by the party under the ICGMP shall become fully enforceable by the city under this chapter. (H)Review of application. (1) The review process of the application will commence when SBMWD determines it has received from the applicant all documents and necessary information to commence its review. (2) Subject to timely participation by EPA and DTSC, SBMWD shall endeavor to complete the review within 120 days from notice by SBMWD to applicant that the application is deemed complete. (3) The completed application shall be subject to review and comment by the EPA and DTSC. SBMWD shall provide to EPA and DTSC a copy of its proposed decision, after which EPA and DTSC, pursuant to the consent decree, shall have a minimum of 30 days to comment on the proposed decision. If either EPA or DTSC object, in writing, to the permit application, proposed decision or modeling work on which a proposed permit decision is based, the SBMWD, EPA and DTSC shall consult for up to 60 days in order to resolve any material differences among them over such matters. Consistent with the consent decree, the SBMWD shall not issue a permit over the unresolved objections of either EPA or DTSC. (4) Except as provided below, applications shall be evaluated using the predictive particle tracking in order to determine if there is an adverse effect. Once approved by EPA, the ground water model will be used for predictive particle tracking, to forecast particle capture through a hydrologic cycle reasonably representative of long-term hydrology lasting for at least the proposed permit term, which hydrologic cycle shall include a wet cycle and a dry cycle, based on historic hydrologic data for similar periods, and which shall assume that the inhibitor wells are operated at design rates. Mitigation measures and any project re-design are to be evaluated using the same method. No proposed well construction or reconstruction, or future spreading operation, shall be approved if the project is forecast to have an adverse effect unless such adverse effect is eliminated through readily enforceable mitigation measures or project re-design. (I)Permit applications for extraction wells in plume areas and for irrigation use on overlying land. (1) Applications to drill in the areas shown on the attached map, Exhibit C in Appendix A to this chapter, are strongly encouraged. The boundaries of these areas correspond to the city’s estimates of areas Packet Page 1259 Spreading or Extraction with the Management Zone 47 within the Newmark and Muscoy contaminant plumes where extraction and treatment of water from these areas will slow the spread of contaminants. (2) (a) For wells proposed in the designated areas shown in the map, the applicant and the city may use a streamlined modeling process, to be developed by the city, to model the projected hydraulic impacts of the proposed extraction well in the proposed location upon the operations of the inhibitor wells. (b) Such application shall clearly demonstrate that: 1. The well will conform to standards for structural integrity; 2. The water it produces will be properly treated; and 3. The well is screened at a depth and in such a manner that its construction and operation will not cause the migration of contaminants between different confined intervals of the aquifer. (3) The city shall set the permit term for such wells in the designated areas for not less than 15 years, with the option, in the city’s discretion, to set the permit term for up to 30 years. (4) Wells used by overlying landowners solely for non-potable irrigation or solely for sand and gravel operations on such land may be replaced on the same parcel without a permit under this chapter provided that no such overlying landowner shall extract more than 250 acre feet per year from the same or contiguous parcels without a permit issued pursuant to this chapter. (5) (a) The city recognizes that the wells listed in Exhibit D in Appendix A by assessor parcel number (“APN”) have been used by the overlying landowners solely for non-potable irrigation on such land. (b) These landowners may replace these wells on these properties without making the modeling demonstration required by this chapter provided that such applications clearly demonstrate that: 1. The water it produces will continue to be used only for non-potable irrigation or sand and gravel operations on the land, or contiguous parcels of the same landowner, where the well is located; 2. The well is constructed and screened in such a manner that it will not cause migration of contaminants between different confined intervals of the aquifer; provided, however, that if the replacement well is screened in substantially the same interval as the well it replaces, the replacement well shall be entitled to a rebuttable presumption of compliance with this condition; and 3. That extractions shall not increase by more than 25% over the maximum annual production and extraction rates for the last ten years, as shown by contemporaneous documentary evidence or by an edison pump test and review of electrical consumption. § 13.25.035 APPROVAL OF PERMITS. (A)Standard of review. Except as provided above, a permit may be granted for a period of up to 15 years with or without conditions under the provisions of this chapter only if the applicant demonstrates that the proposed extraction or spreading and method of operation is not forecast to cause an adverse effect when evaluated using the predictive particle tracking, and will not interfere with, compromise, endanger or detrimentally affect the interim remedy, or cause the city to be in potential violation or non-conformance with the SOW, consent decree or RODs, or EPA or DTSC approved plans adopted thereunder. Packet Page 1260 San Bernardino - Public Utilities48 (1) Prior to the completion of an updated ground water model, the applicant shall bear the burden of demonstrating, through the use of engineering and other satisfactory scientific data, that the proposed extraction or spreading will not cause an adverse effect and will not interfere with, compromise, endanger or detrimentally affect the interim remedy. (2) After an updated model has been completed, the applicant shall bear the burden of demonstrating through the use of the predictive particle tracking and other satisfactory scientific evidence that the proposed extraction or spreading is not forecast to cause an adverse effect, and will not interfere with, compromise, endanger or detrimentally affect the interim remedy. (B)Conditions of approval. (1) In the event the application is approved, EPA, DTSC and SBMWD shall have the right to condition approval upon mitigation measures, project re-design or other remedial activities to be performed by applicant. EPA, DTSC or SBMWD may require the applicant to prepare a mitigation or remedial plan, subject to approval by EPA, DTSC and SBMWD, prior to issuance of the permit. (2) If mitigation measures, project re-design or remedial activities are required as a condition of the issuance of a permit, SBMWD may require applicant to post a bond of sufficient value to assure compliance with the mitigation or remedial activities. (3) Upon approval of the application, with or without mitigation measures, project re-design or remedial activities, and after the posting of a bond, if required, SBMWD shall issue a permit. (4) The approval and issuance of a permit shall be subject, at all times, to the monitoring of applicant’s activities and suspension or revocation of the permit if it is determined by SBMWD, EPA or DTSC that applicant’s activities interfere with, compromise, endanger or detrimentally affect the interim remedy. (5) The issuance of a permit shall be conditioned on the grant to EPA, DTSC and the city, including SBMWD, thei r contractors and representatives, of access to the wells or spreading basins or related areas for the purpose of verifying compliance with the permit, and upon reasonable notice to inspect and copy documents and records of applicant’s operations of the permitted facilities. (6) Misrepresentation or failure to disclose material facts in the application shall be grounds for denial of the application. (7) The approval and issuance of a permit shall be conditioned upon applicant indemnifying, defending and holding city and SBMWD harmless from any and all claims, causes of action, injury to person or property and enforcement proceedings arising from or related to the application for permit, property subject to the permit, work to be undertaken relating to the permitted property, including work not the subject of the permit or any other matter related to the permit or granting of the permit, including, but not limited to, any costs incurred by SBMWD or the city from any contest to the issuance of the permit. (C)Denial of application. SBMWD shall deny the application if it determines that the standards of this chapter have not been attained or if either SBMWD, EPA or DTSC determines that the proposed project is forecast to cause an adverse effect which is not eliminated by mitigation measures or project re-design or will interfere with or adversely affect the integrity of the Newmark and Muscoy extraction and treatment systems, or will increase the likelihood that contaminants will migrate past or around the barrier walls that are part of those systems or will otherwise interfere with the performance of the interim remedial actions, or cause the city to be in potential violation or non-conformance with the SOW, consent decree or RODs, or any plan approved by EPA or DTSC in order to implement those documents. SBMWD shall provide to applicant a copy of the written objections made together with any additional written statement of reasons by EPA, DTSC and/or SBMWD for disapproval of the permit. An applicant denied a permit may appeal the decision pursuant to § 13.25.060. § 13.25.040 REPORTING. Packet Page 1261 Spreading or Extraction with the Management Zone 49 (A)Reporting by applicants. A condition of each and every permit shall be the requirement that the applicant provide, at least quarterly, regular written reports to SBMWD of water levels, chemistry and other information affecting water quality deemed appropriate by SBMWD. The SBMWD may specify forms for such reports and such forms shall be used by applicant to comply with the provisions of this section. Such reports shall require applicant to perform monitoring, sampling and record-keeping of any wells that are the subject of the permit, including the amount, rate and timing of extraction or spreading and the quality of water being extracted or spread, including, but not limited to, concentrations of perchloroethylene (“PCE”), trichloroethylene (“TCE”), freon and other water quality related concentrations, specified by SBMWD. Upon receipt of any report requested or required by this chapter, SBMWD may require a follow-up report of additional data and/or information. Applicant shall keep records of all activities relating to the operation of wells and/or spreading activities, including all sampling results and flow data. Such records shall be available for inspection and copying by SBMWD, EPA and DTSC upon 48 hours’ notice. These records shall be maintained for a period of not less than five years. The period for retention of records shall automatically be extended for any period of litigation between SBMWD, the city, EPA and/or DTSC and the applicant. (B)Reporting by non-applicants. Every person, except parties to the ICGMP described in § 13.25.025(G), spreading or extracting more than 250 acre-feet in any month, shall report the amount of such spreading or extraction to the city within 90 days of the close of the calendar year quarter in which such spreading or extraction occurred. Said report shall be submitted under penalty of perjury. The SBMWD may specify forms for such reports and such reports shall be used to comply with the provisions of this section. § 13.25.045 REVOCATION AND EMERGENCY POWERS. (A) If there is an immediate and serious threat to the interim remedy, and its performance in accordance with the SOW, consent decree or RODs, and if SBMWD believes it may be due in whole or in part to applicant’s operations, SBMWD may order the applicant to cease or reduce its operations and show cause why the permit should not be revoked, modified or restricted. (B) In addition to the provisions set forth above, the permit may be revoked upon the determination of the SBMWD General Manager of any of the following: (1) Misrepresentation or failure to disclose material facts in the application; (2) Falsifying or making misrepresentations on any reports submitted to SBMWD, whether as part of the application, as a condition of the permit or as submitted voluntarily by the applicant; (3) Tampering with monitoring equipment subject to the permit; (4) Refusing or obstructing SBMWD, or its designee, or EPA or DTSC, or their designees’, timely access to the permitted sites and operations, and records of those operations; (5) Failure to pay fines; (6) Failure to meet compliance schedules; (7) Failure to comply with conditions of approval; and (8) Failure to file timely reports or to respond to requests for reports, sampling data, monitoring activities or cooperation with the interim remedy for the Newmark Superfund Site. (C) In the event the activities of the applicant, or applicant’s agents, contractors, licensees, lessees or employees are deemed by SBMWD to interfere with or adversely affect the integrity of the Newmark and Muscoy extraction and treatment systems, or will increase the likelihood that contaminants will migrate past or around the barrier wells that are part of those systems or will otherwise interfere with the performance of the interim remedy, SBMWD may revoke or suspend the permit and compel applicant to Packet Page 1262 San Bernardino - Public Utilities50 cease all activities covered by the permit until either a hearing is held before the Board of Water Commissioners, pursuant to § 13.025.060, for applicant to demonstrate why the permit should not be modified or revoked, or the applicant and the General Manager reach a mutually acceptable resolution. In all other circumstances, the applicant shall be advised in writing of any non-compliance with the permit or other condition that may warrant a modification of permit conditions or revocation of the permit, and the applicant shall be afforded the opportunity for a hearing before the Board of Water Commissioners, pursuant to the provisions of § 13.25.060, to present any evidence as to why the permit should not be modified or revoked. § 13.25.047 INTERFERENCE BY EXISTING WELLS WITH CONSENT DECREE OR SOW. In the event an existing well, not subject to the permit requirements of this chapter, is operated in a manner which materially interferes with the city’s compliance with the provisions of the consent decree or SOW, or requires an increase in operating rates above design rate in order to maintain compliance with the requirements of the consent decree or SOW, the city may halt, abate or reduce such activities by injunction from the County Superior Court, or by the United States District Court for the Central District of California, acting pursuant to the United States District Court’s retention of jurisdiction over institutional controls in paragraph 1.b, page 11, lines 6 through 19 of the consent decree. This provision is in addition to, and not in derogation of, the city’s other statutory, equitable and common law remedies. § 13.25.050 CONSENT ORDERS. The SBMWD may enter into consent orders, assurances of voluntary compliance or similar arrangements establishing an agreement with any person responsible for non-compliance with the provisions of this chapter. Such arrangements will include specific action to be taken by the person to correct any non-compliance and shall be enforceable in a court of competent jurisdiction. § 13.25.055 CEASE AND DESIST ORDERS. If SBMWD finds that a person has violated any provision of this chapter, or a permit, or the person’s activities pose an immediate and serious threat to the interim remedy, and that it is likely the person will continue with such violation or detrimental activities, SBMWD may issue an administrative order directing such person immediately to cease and desist from such conduct and to take all actions necessary to comply fully with the order. If the person fails immediately to comply with such an administrative order, that person shall be subject to criminal and civil liability in addition to whatever civil liability the person may have been subject to as a result of the conduct that prompted the issuance of the cease and desist order. § 13.25.060 HEARING PROCEDURES AND APPEALS. (A) In the event SBMWD denies an application, imposes or materially modifies a condition of approval that is/are unacceptable to the applicant or suspends or revokes a permit, an appeal may be commenced by the applicant. (B) All appeals must be filed in the office of the SBMWD General Manager within 15 days of any denial, approval with conditions, suspension or revocation. The appeal filed with SBMWD shall include the name of the applicant; name, address and telephone number of the person representing applicant; assessor’s parcel number (“APN”) or other description of property involved; any identifying case number or application number issued by SBMWD; the basis for the appeal; the date and signature of the applicant. (C) All appeals shall be heard by the SBMWD Board of Water Commissioners during its regular meetings. The burden of proof at such hearing shall be upon the applicant. Following the hearing, the Board of Water Commissioners shall issue its decision. Said decision shall be deemed a final administrative decision. Upon rendition of any adjudicatory administrative decision by the SBMWD Board of Water Commissioners, notice shall be given to the parties that the time within which judicial review must be sought is governed by the provisions of the Cal. Packet Page 1263 Spreading or Extraction with the Management Zone 51 Code of Civil Procedure, § 1094.6. (D) Any issue relating to the consent decree or SOW may, at the discretion of the SBMWD, be adjudicated in the United States District Court for the Central District of California, including the right of the SBMWD to remove any action initially brought in a state trial court. § 13.25.070 VIOLATIONS, REMEDIES AND PENALTIES. (A) Any person violating any provision of this chapter or any condition of a permit shall be guilty of a misdemeanor, punishable by a fine not exceeding $1,000 per violation, and/or by imprisonment not exceeding six months for each violation. Each day a violation occurs may be deemed a separate violation. (B) Notwithstanding anything to the contrary contained herein, and in addition to any other penalties, fines or other action, the SBMWD Board of Water Commissioners may order the payment of damages and civil penalties not to exceed $10,000 per day and actual damages for any violation of any provision of this chapter. Said penalties shall be deemed to be civil penalties and may be imposed in addition to any criminal penalties. (C) In the event of any violation of any provision of this chapter, and in addition to any other remedies, at the sole and exclusive discretion of SBMWD, the permit may be revoked. (D) A violation of any provision of this chapter or any permit provision or condition shall deemed to be a public nuisance. (Ord. MC-1221, passed 3-20-2006) Packet Page 1264 San Bernardino - Public Utilities52 Packet Page 1265 Spreading or Extraction with the Management Zone 53 APPENDIX A: EXHIBITS Exhibit A Packet Page 1266 San Bernardino - Public Utilities54 Exhibit B Packet Page 1267 Spreading or Extraction with the Management Zone 55 Exhibit C Packet Page 1268 San Bernardino - Public Utilities56 ORDINANCE MC-1221, 3-20-06 AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADDING CHAPTER 13.25 OF THE SAN BERNARDINO MUNICIPAL CODE ENTITLED SPREADING OR EXTRACTION WITHIN THE MANAGEMENT ZONE. EXHIBIT D County Well Recordation Numbers APNs 3601925 0153351170000 0153351171001 3600119, 3600742, 3600743 0150161120000 0150154140000 0272161120000 0272161070000 Packet Page 1269 CHAPTER 13.28: COLLECTION OF DELINQUENT WATER, RUBBISH, SEWER OR OTHER MUNICIPAL UTILITY CHARGES Section 13.28.010 Collection of water, sanitation, sewer or other utility charges pursuant to state statute 13.28.020 Definitions 13.28.025 Notice of delinquent utility accounts 13.28.030 Description of parcel receiving services to be filed with City Clerk 13.28.040 Notice of filing of reports - hearing 13.28.050 Hearing for objections and protests 13.28.060 Revision of charges or overrule of objections - notice of pendency of administrative action 13.28.070 Filing of report with County Auditor 13.28.080 Charges constitute lien against lot or parcel of land 13.28.090 Inclusion of amount of charges on bills for taxes 13.28.100 Collection of charges 13.28.110 Application of laws to levy, collection and enforcement of general taxes 13.28.120 Issuance of separate bills § 13.28.010 COLLECTION OF WATER, SANITATION, SEWER OR OTHER UTILITY CHARGES PURSUANT TO STATE STATUTE. (A) The city elects to avail itself of the provisions of the Cal. Health and Safety Code, Division 5, Part 3, Chapter 6, Article 4, §§ 5470 et seq., which set forth an alternative method of collecting charges for services and facilities furnished in connection with sanitation, sewerage or any other utility, whereby the same are collected by the County Tax Collector. (B) This chapter shall be effective from the date of its adoption for a period of 50 years, including amendments thereto during that time. (C) With respect to any individual account, and without prior notice thereof, the city may elect to forego the provisions of this chapter and to pursue collection of delinquent charges in any other manner permitted by law. The Integrated Waste Management Division of the Public Works Department shall develop policies and procedures regarding the collection of delinquent charges. (D) In addition to any remedy contained herein, the city and the San BernardinoCity Municipal Water Department are authorized to discontinue all utility services and provide notice to the property owners’s 41 days after the payment was due. (Ord. 3533, passed 10-28-1975; Ord. MC-229, passed 12-21-1982; Ord. MC-1335, passed 10-4-2010) § 13.28.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DELINQUENT CHARGES. Those charges for services, equipment or facilities which remain unpaid after the date due. SANITATION. Refuse services, including, but not limited to, residential, commercial, recycling or roll-off services, for the removal or recycling of rubbish, garbage, by-products and like matter. 57 Packet Page 1270 San Bernardino - Public Utilities58 (Ord. 3533, passed 10-28-1975; Ord. MC-229, passed 12-21-1982; Ord. MC-1335, passed 10-4-2010) § 13.28.025 NOTICE OF DELINQUENT UTILITY ACCOUNTS. (A) Any person or entity who receives water, sanitation, storm drainage or sewerage services whose account has delinquent charges for services shall be mailed a notice of the delinquent charges. (B) The City Manager, or his or her designee, shall notify the assessed owner shown on the latest equalized tax assessor’s roll whenever delinquent and unpaid charges for services, which may become a lien on real property in the manner set forth in the is chapter, remain delinquent and unpaid for 60 days. The notice so provided shall notify the assessed owner of the delinquent charges and the lien provided by this chapter. (Ord. MC-1335, passed 10-4-2010) § 13.28.030 DESCRIPTION OF PARCEL RECEIVING SERVICES TO BE FILED WITH CITY CLERK. The City Manager, or his or her designee, shall cause to be prepared a written report which shall be filed with the City Clerk. Said report shall contain a description of each parcel of real property receiving such water, sanitation, sewer or other utility services and the amount of the delinquent charges for each parcel computed in conformity with charges prescribed by resolution of the Mayor and CommonCity Council or pursuant to the rules and regulations of the board of water Commissioners. The real property may be described by reference to maps prepared in accordance with Cal. Revenue and Taxation Code, § 327, and on file in the office of the County Assessor or by reference to plats or maps on file in the office of the City Clerk. (Ord. 3533, passed 10-28-1975; Ord. MC-229, passed 12-21-1982; Ord. MC-1335, passed 10-4-2010) § 13.28.040 NOTICE OF FILING OF REPORTS - HEARING. (A) The City Clerk shall cause notice of the filing of said report, and of a time and place of hearing thereon, to be published pursuant to Cal. Gov’t Code, § 6066, prior to the date set for hearing in a newspaper of general circulation printed and published within the city. (B) The City Clerk shall cause a notice, in writing, of the filing of the report proposing to have such charges collected on the tax roll and of the time and place of hearing thereon, to be mailed to each person to whom any parcel or parcels of real property described in the report is assessed in the last equalized assessment roll available on the date the report is prepared, at the address shown on the assessment roll or as known to the Clerk. If the Mayor and CommonCity Council adopt the report, then the requirements for notice, in writing, to the persons to whom parcels of real property are assessed shall not apply to hearings on reports prepared in subsequent fiscal years but notice by publication as herein provided shall be adequate. (Ord. 3533, passed 10-28-1975) § 13.28.050 HEARING FOR OBJECTIONS AND PROTESTS. At the time stated in the notice, the Mayor and CommonCity Council shall hear and consider all objections or protests, if any, to the report referred to in the notice and may continue the hearing from time to time. If the Mayor and CommonCity Council find that protest is made by the owners of a majority of separate parcels of property described in the report, then the report shall not be adopted and the charges shall be collected separately from the tax roll and shall not constitute a lien against any parcel or parcels of land. (Ord. 3533, passed 10-28-1975) § 13.28.060 REVISION OF CHARGES OR OVERRULE OF OBJECTIONS - NOTICE OF PENDENCY OF ADMINISTRATIVE ACTION. (A) Upon the conclusion of the hearing, the Mayor and CommonCity Council may adopt, revise, Packet Page 1271 Collection of Delinquent Water, Rubbish, Sewer or Other Municipal Utility Charges 59 change, reduce or modify any charge or overrule any or all objections and shall make its determination upon each charge as described in the report, which determination shall be final. (B) The City Administrator may file a notice of pendency of administrative action with the County Recorder for any parcel or parcels of real property against which any water, sanitation, sewer or other utility charge is found to be delinquent hereunder by the Mayor and CommonCity Council. (Ord. 3533, passed 10-28-1975; Ord. MC-229, passed 12-21-1982) § 13.28.070 FILING OF REPORT WITH COUNTY AUDITOR. On or before August 10 of each year following such final determination, the Clerk shall file, with the County Auditor, a copy of the report with a statement endorsed thereon over his or her signature that it has been finally adopted by the Mayor and CommonCity Council, and the County Auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. Where any such parcels are outside the boundaries of the city, they shall be added to the assessment roll of the city for the purpose of collecting such charges. If the property is not described on the roll, the County Auditor may enter the description thereon together with the amounts of the charges, as shown on the report. (Ord. 3533, passed 10-28-1975) § 13.28.080 CHARGES CONSTITUTE LIEN AGAINST LOT OR PARCEL OF LAND. The amount of the charges shall constitute a lien against the lot or parcel of land against which the charge has been imposed as of 12:00 p.m. the first Monday in March immediately preceding the date of levy, except as hereinafter provided. (Ord. 3533, passed 10-28-1975) § 13.28.090 INCLUSION OF AMOUNT OF CHARGES ON BILLS FOR TAXES. The County Tax Collector shall include the amount of the charges on bills for taxes against the respective lot and parcels of land. (Ord. 3533, passed 10-28-1975) § 13.28.100 COLLECTION OF CHARGES. Thereafter, the amount of the charges shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes of the city, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties. (Ord. 3533, passed 10-28-1975) § 13.28.110 APPLICATION OF LAWS TO LEVY, COLLECTION AND ENFORCEMENT OF GENERAL TAXES. All laws applicable to the levy, collection and enforcement of general taxes of the entity, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemptions are applicable to such charges, except that if any real property to which such charges relate has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attached thereon prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by § 13.28.080 shall not attach to such real property, and the charges relating to such property shall be transferred to the unsecured roll of collection. (Ord. 3533, passed 10-28-1975) § 13.28.120 ISSUANCE OF SEPARATE BILLS. The Tax Collector may, in his or her discretion, issue separate bills for such charges and separate receipts for collection on account of such charges. The county shall be compensated for services rendered in connection with the levy, collection and enforcement of such charges in an amount to be fixed by agreement between the County Board of Supervisors and the Packet Page 1272 San Bernardino - Public Utilities60 Mayor and CommonCity Council of the city. In any event, the compensation shall not exceed $5 for each account handled, or 1% of all money collected, whichever is greater. The compensation shall be paid into the County Salary Fund. (Ord. 3533, passed 10-28-1975) Packet Page 1273 CHAPTER 13.32: WASTEWATER FACILITIES Section 13.32.010 Powers and duties of the Water Board § 13.32.010 POWERS AND DUTIES OF THE WATER BOARD. In accordance with the City Charter, § 603, the Water Board shall be responsible for oversight and management of the city’s wastewater collection and treatment systems, including the regulation of wastewater facilities. Any rules or regulations promulgated by the Water Board in connection with its powers under the City Charter, § 603 may be enforced as laws of the city in accordance with Chapter 2.28. (Ord. MC-273, passed 5-23-1983; Ord. MC-460, passed 5-15-1985; Ord. MC-571, passed 12-24-1986; Ord. MC-835, passed 6-3-1992; Ord. MC-853, passed 11-3-1992; Ord. MC-1010, passed 11-18-1997; Ord. MC-1012, passed 1-13-1998; Ord. MC-1216, passed 2-22-2006; Ord. MC-1562, passed 9-15-2021) 61 Packet Page 1274 San Bernardino - Public Utilities62 Packet Page 1275 CHAPTER 13.36: UNDERGROUND UTILITIES Section 13.36.010 Definitions 13.36.020 Public hearing by Council 13.36.030 Council may designate underground utility districts by resolution 13.36.040 Unlawful acts 13.36.050 Exception, emergency or unusual circumstances 13.36.060 Other exceptions 13.36.070 Notice to property owners and utility companies 13.36.080 Responsibility of utility companies 13.36.090 Responsibility of property owners 13.36.100 Responsibility of city 13.36.110 Extension of time 13.36.120 Violation - penalty Cross-reference: For provisions on telegraph and telephone poles, see Chapter 12.12. Statutory reference: For provisions on conversion of utilities’ facilities to underground locations, see Cal. Streets and Highways Code, §§ 5896.1 et seq. and Cal. Gov’t Code, § 38793. § 13.36.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. COMMISSION. The State Public Utilities Commission. PERSON. Individuals, firms, corporations, partnerships and their agents and employees. POLES, OVERHEAD WIRES and ASSOCIATED OVERHEAD STRUCTURES. Poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground within a district and used or useful in supplying electric, communication or similar or associated service. UNDERGROUND UTILITY DISTRICT or DISTRICTS. The area in the city within which poles, overhead wires and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of § 13.36.030. UTILITY. All persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. (Ord. 2919, passed 7-2-1968) § 13.36.020 PUBLIC HEARING BY COUNCIL. The Mayor and CommonCity Council, hereinafter called Council, may, from time to time, call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication or similar or associated service. The City Clerk shall notify all 63 Packet Page 1276 San Bernardino - Public Utilities64 affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive. (Ord. 2919, passed 7-2-1968) § 13.36.030 COUNCIL MAY DESIGNATE UNDERGROUND UTILITY DISTRICTS BY RESOLUTION. If, after any such public hearing, the Council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the Council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. (Ord. 2919, passed 7-2-1968) § 13.36.040 UNLAWFUL ACTS. Whenever the Council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in § 13.36.030, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when the overhead facilities are required to be removed by such resolution, except as the overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in § 13.36.090, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this chapter. (Ord. 2919, passed 7-2-1968) § 13.36.050 EXCEPTION, EMERGENCY OR UNUSUAL CIRCUMSTANCES. Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of the Council in order to provide emergency service. The Council may grant special permission on such terms as the Council may deem appropriate in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures. (Ord. 2919, passed 7-2-1968) § 13.36.060 OTHER EXCEPTIONS. In any resolution adopted pursuant to § 13.36.030, the city may authorize any or all of the following exceptions: (A) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer; (B) Poles or electroliers used exclusively for street lighting; (C) Overhead wires (exclusive of supporting structures) crossing any portion of a district within Packet Page 1277 Underground Utilities 65 which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited; (D) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts; (E) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street; (F) Antennas, associated equipment and supporting structures used by a utility for furnishing communication services; (G) Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets and concealed ducts; and (H) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. (Ord. 2919, passed 7-2-1968) § 13.36.070 NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES. (A) Within ten days after the effective date of a resolution adopted pursuant to § 13.36.030, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution of the adoption thereof. The City Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location. (B) Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to § 13.36.030, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. (Ord. 2919, passed 7-2-1968) § 13.36.080 RESPONSIBILITY OF UTILITY COMPANIES. If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to § 13.36.030, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission. (Ord. 2919, passed 7-2-1968) § 13.36.090 RESPONSIBILITY OF PROPERTY OWNERS. (A) Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his or her property between the facilities referred to in § 13.36.080 and the termination facility on or within the building or structure being served. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to § 13.36.030, the City Engineer shall give notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten days after receipt of such notice. Packet Page 1278 San Bernardino - Public Utilities66 (B) The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as such owner’s name appears, and must be addressed to such owner’s last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, City of San Bernardino. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within 48 hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall, within 48 hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on the premises. (C) The notice given by the City Engineer to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that, if the work is not completed within 30 days after receipt of such notice, the City Engineer will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefitted and become a lien upon such property. (D) If upon the expiration of the 30-day period, the required underground facilities have not been provided, the city, by order of the Mayor and upon issuance of a work order, shall forthwith proceed to cause the work to be done; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the city shall, in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property. Upon completion of the work, the City Engineer shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall not be less than ten days thereafter. (E) The City Engineer shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the Council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment. (F) Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if there are any, and then proceed to affirm, modify or reject the assessment. (G) If any assessment is not paid within five days after its confirmation by the Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the City Engineer, and the City Engineer is directed to turn over to the assessor and tax collector a notice of lien on each of the properties on which the assessment has not been paid, and the assessor and tax collector shall add the amount of the assessment to the next regular bill for taxes levied against the premises upon which the assessment was not paid. The assessment shall be due and payable at the same time as the property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of 6% per year. (Ord. 2919, passed 7-2-1968) § 13.36.100 RESPONSIBILITY OF CITY. (A) The city shall remove, at its own expense, all city owned equipment from all poles required to be Packet Page 1279 Underground Utilities 67 removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to § 13.36.030. (B) Notwithstanding the provisions of any other ordinance to the contrary, any fee required to be paid for a wiring permit is waived when the work is to be provided upon and in the private property of any property owner pursuant to the wiring permit by such property owner or his or her contractor in an approved underground utility district. (Ord. 2919, passed 7-2-1968; Ord. 3217, passed 12-21-1971) § 13.36.110 EXTENSION OF TIME. In the event that any act required by this chapter or by a resolution adopted pursuant to § 13.36.030 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience or any other circumstances beyond the control of the actor, then the period within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. (Ord. 2919, passed 7-2-1968) § 13.36.120 VIOLATION - PENALTY. It is unlawful for any person to violate any provision or to fail to comply with any requirement of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. 2919, passed 7-2-1968; Ord. MC-460, passed 5-15-1985) Packet Page 1280 San Bernardino - Public Utilities68 Packet Page 1281 TITLE 14: FRANCHISES Chapter 14.04. GENERAL REGULATIONS 14.08. CABLE, VIDEO AND TELECOMMUNICATIONS SERVICE PROVIDERS 1 Packet Page 1282 San Bernardino - Franchises2 Packet Page 1283 CHAPTER 14.04: GENERAL REGULATIONS Section 14.04.010 Franchise required when 14.04.020 Application 14.04.030 Granting of franchise - conditions 14.04.040 Violation - penalty application 14.04.050 Operation after franchise expiration - revocable license § 14.04.010 FRANCHISE REQUIRED WHEN. It is unlawful for any person, firm or corporation to exercise any privilege or franchise; to lay or maintain any pipes or conduits in or under any public street or alley in the city for the transmission of gas, water, heat, steam or other substance; or to exercise any franchise or privilege for the erection or maintenance, in or upon any public street or alley in the city, of any telephone, telegraph, electric light or power poles, wires or system, or for the erection of any pole or wire for the purpose of transmitting electrical energy or current, without first having procured a franchise to do so, unless such person, firm or corporation is entitled to do so by direct and unlimited authority of the California Constitution or the laws of the U.S. Constitution. (Ord. 541, passed 11-10-1913) § 14.04.020 APPLICATION. Any person desiring to procure a franchise for any of the purposes mentioned in § 14.04.010 shall make application therefor in accordance with the procedural requirements set forth in the Franchise Act of 1937 (Cal. Public Utilities Code, §§ 6201 et seq.) and as amended. (Ord. 541, passed 11-10-1913; Ord. 2162, passed 2-19-1957; Ord. MC-1135, passed 12-18-2002) § 14.04.030 GRANTING OF FRANCHISE - CONDITIONS. The Mayor and CommonCity Council may grant a franchise, subject to any restrictions, terms and conditions (including compensation), without limitation, that they deem to be in the best interests of the city. The Mayor and CommonCity Council may refuse to grant a franchise, when, in their opinion, the granting of any such franchise will not be in the best interests of the city. (Ord. 541, passed 11-10-1913; Ord. MC-1135, passed 12-18-2002) § 14.04.040 VIOLATION - PENALTY APPLICATION. Any person, firm or corporation exercising or attempting to exercise any franchise for any of the purposes mentioned in § 14.04.010, or laying or maintaining any pipes or conduits in or upon any street in the city, for the transmission of gas, water, heat, steam or other substance, or erecting any telephone, telegraph or electric light or power poles, wires or system, within the city, in violation of any provision of this chapter, is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. In addition, any person, firm or corporation exercising or attempting to exercise any franchise for any of such purposes after a franchise or license (issued pursuant to this chapter) has expired shall be subject to a civil penalty of three 3 Packet Page 1284 San Bernardino - Franchises4 times the compensation required under the expired franchise or license prorated on a “per day” basis. Such civil penalty shall be in addition to any other terms and conditions set out in the franchise or license, and shall not, in any way, limit or otherwise restrict any other legal or equitable remedy available to city. (Ord. 541, passed 11-10-1913; Ord. MC-460, passed 5-15-1985; Ord. MC-1135, passed 12-18-2002) § 14.04.050 OPERATION AFTER FRANCHISE EXPIRATION - REVOCABLE LICENSE. If a franchise is to expire within 60 days according to the franchise terms, and a new franchise has been requested, but has not yet been granted, the franchisee may request the Mayor and CommonCity Council to issue the franchisee a written revocable license, for a renewable term not to exceed 120 days from the expiration of the franchise, permitting the franchisee to continue to locate its existing facilities in or upon public property in the city during the term of the license. The Mayor and CommonCity Council may issue such a revocable license, subject to any restrictions, terms and conditions (including compensation), without limitation, that they deem to be in the best interests of the city. Nothing herein requires the Mayor and CommonCity Council to grant such a revocable license, nor does the issuance of such a revocable license require that the Mayor and CommonCity Council grant the franchisee a new franchise. Upon request of the franchisee, the City Clerk shall provide a revocable license application form. (Ord. MC-1135, passed 12-18-2002) Packet Page 1285 CHAPTER 14.08: CABLE, VIDEO AND TELECOMMUNICATIONS SERVICE PROVIDERS Section Article I. General Provisions 14.08.01 Short title 14.08.02 Authority 14.08.03 Defined terms and phrases Article II. Procedures for Granting, Renewing and Transferring Franchises for Cable Systems 14.08.04 Franchise required 14.08.05 City grants of cable franchises 14.08.06 Franchise duration and renewal 14.08.07 Limitations of franchise 14.08.08 Rights reserved to the city 14.08.09 Transfers and assignments 14.08.10 Franchise service area; annexations 14.08.11 Application for new franchise; contents 14.08.12 Franchise approval 14.08.13 Franchise renewal 14.08.14 Multiple franchises 14.08.15 Franchise application processing costs 14.08.16 Franchise fee for cable services 14.08.17 Contents of cable television franchise agreement Article III. Open Video Systems 14.08.18 Applicability 14.08.19 Application required 14.08.20 Review of application 14.08.21 Agreement required Article IV. Other Video and Telecommunications Services and Systems 14.08.22 Other multi-channel video programming distributors 14.08.23 Video providers - registration; customer service standards 14.08.24 Telecommunications service provided by telephone corporations 14.08.25 Public, educational and governmental support fee (“PEG fee”) and requirement to provide PEG channels Article V. Definitions 14.08.26 Defined terms and phrases Article VI. Violations; Enforcement 14.08.27 Violations; enforcement ARTICLE I. GENERAL PROVISIONS § 14.08.01 SHORT TITLE. This chapter is known and may be cited as the “Cable, Video and Telecommunications Service Providers Ordinance” of the city. § 14.08.02 AUTHORITY. This chapter is enacted by the city pursuant to the Communications Act, the city’s police powers under its Charter, its authority to control the use of the 5 Packet Page 1286 San Bernardino - Franchises6 public rights-of-way within the city and all other applicable laws. Cross-reference: Communications Act defined, see § 14.08.26 § 14.08.03 DEFINED TERMS AND PHRASES. Various terms and phrases used in this chapter are defined in § 14.08.26. ARTICLE II. PROCEDURES FOR GRANTING, RENEWING AND TRANSFERRING FRANCHISES FOR CABLE SYSTEMS § 14.08.04 FRANCHISE REQUIRED. It is unlawful for any person to construct, install, maintain or operate a cable television system within any street or public way in the city without first obtaining a franchise under the provisions of this article or, if applicable, under the provisions of the Digital Infrastructure and Video Competition Act of 2006; provided, however, that any cable operator authorized to provide cable service under a franchise granted by the city prior to the effective date of this chapter may continue to exercise that authority until the expiration or termination of that franchise. Statutory reference: Digital Infrastructure and Video Competition Act of 2006, see Cal. Stats 2006, Assembly Bill No. 2987, Ch. 700 codified at Cal. Public Utilities Code, §§ 5800 et seq. § 14.08.05 CITY GRANTS OF CABLE FRANCHISES. Subject to applicable law, the city may, by ordinance or resolution, grant a franchise to any person, whether or not operating under an existing franchise, or who elects to provide cable service pursuant to the provisions of this chapter. The franchise shall be subject to all ordinances and regulations of general application now in effect or subsequently enacted, including, without limitation, those related to encroachment permits, business licenses, zoning and building. § 14.08.06 FRANCHISE DURATION AND RENEWAL. (A) The term of the franchise or of any franchise renewal shall be established in the franchise agreement. (B) A franchise may be renewed by the city upon application of the grantee pursuant to procedures established by the city, subject to applicable federal and state law. In the event the city does not establish such renewal procedures, the franchise renewal procedures set forth in federal law shall apply. § 14.08.07 LIMITATIONS OF FRANCHISE. (A) A franchise granted under this chapter shall be non-exclusive. (B) The grant of a franchise, right or license to use public rights-of-way for purposes of providing cable service shall not be construed as a right or license to use such public rights-of-way for any other purpose. (C) Any right or privilege claimed by a grantee under a franchise in public rights-of-way or other public property shall be subordinate to any prior or subsequent lawful occupancy or use thereof, or easement therein, by the city or other governmental entity. (D) A franchise granted under this chapter shall not relieve a grantee of any obligation to obtain pole space from any city department, utility company or others maintaining poles in the public rights-of-way. Packet Page 1287 Cable, Video and Telecommunications Service Providers 7 § 14.08.08 RIGHTS RESERVED TO THE CITY. (A) Subject to any restrictions that are mandated by state or federal law, neither the granting of any franchise nor any provisions of this chapter shall be construed to preclude the city from granting additional franchises. (B) By its acceptance of a franchise, a grantee agrees to comply with all lawful ordinances and regulations of general application now in effect or subsequently enacted; provided, however, that such ordinances and regulations shall not materially affect grantee’s rights or obligations under the franchise. (C) Neither the granting of a franchise, nor any provisions of this chapter, shall constitute a waiver or bar to the city’s lawful exercise of any governmental right or power. (D) This chapter shall not be construed to impair or affect, in any way, the right of the city to acquire the grantee’s property through the exercise of the power of eminent domain, in accordance with applicable law. (E) The Mayor and City Council may do all things necessary in the exercise of its jurisdiction under this chapter and may determine any question of fact that may arise during the term of any franchise granted under this chapter. (F) Any right or power in, or duty imposed upon, any officer, employee, department or board of the city shall be subject to transfer by the city to any other officer, employee, department or board of the city. (Ord. MC-1484, passed 4-18-2018) § 14.08.09 TRANSFERS AND ASSIGNMENTS. (A) Grantee may not sell, transfer, lease, assign, sublet or dispose of, in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation or otherwise, the franchise or any of the rights or privileges therein granted, without the prior written consent of the Mayor and City Council. Any attempt to sell, transfer, lease, assign or otherwise dispose of the franchise without the written consent of the Mayor and City Council is null and void. The granting of a security interest in any assets of the grantee, or any mortgage or other hypothecation, will not be deemed a transfer for the purposes of this section. (B) The requirements of division (A) above apply to any change in control of the grantee. The word “control,” as used herein, is not limited to the ownership of major stockholder or partnership interests, but includes actual working control in whatever manner exercised. If the grantee is a partnership or a corporation, prior authorization of the city is required where ownership or control of 25% or more of the partnership interests or of the voting stock of the corporation, or any company in the tier of companies controlling the grantee, whether directly or indirectly, is acquired by a person or a group of persons acting in concert, none of whom, individually or collectively, owns or controls those partnership interests or that voting stock of the grantee, or the grantee’s upper tier of controlling companies, as of the effective date of the franchise. (C) Unless precluded by federal law, the grantee must give prior written notice to the city of any proposed foreclosure or judicial sale of all or a substantial part of the grantee’s franchise property. That notification will be considered by the city as notice that a change in control of ownership of the franchise will take place, and the provisions of this section that require the prior written consent of the Mayor and City Council to that change in control of ownership will apply. (D) For the purpose of determining whether it will consent to an acquisition, transfer or change in control, the city may inquire about the qualifications of the prospective transferee or controlling party, and the Packet Page 1288 San Bernardino - Franchises8 grantee must assist the city in that inquiry. In seeking the city’s consent to any change of ownership or control, the grantee or the proposed transferee, or both, must complete Federal Communications Commission Form 394 or its equivalent. This application must be submitted to the city not less than 120 days prior to the proposed date of transfer. The transferee must establish that it possesses the legal, financial and technical capability to remedy all then-existing defaults and deficiencies, and during the remaining term of the franchise, to operate and maintain the cable system and to comply with all franchise requirements. If the legal, financial and technical qualifications of the proposed transferee are determined to be satisfactory, then the city will consent to the transfer of the franchise. (E) Any financial institution holding a pledge of the grantee’s assets to secure the advance of money for the construction or operation of the franchise property has the right to notify the city that it, or a designee satisfactory to the city, will take control of and operate the cable television system upon the grantee’s default in its financial obligations. Further, that financial institution must also submit a plan for such operation within 90 days after assuming control. The plan must ensure continued service and compliance with all franchise requirements during the period that the financial institution will exercise control over the system. The financial institution may not exercise control over the system for a period exceeding one year, unless authorized by the city, in its sole discretion, and during that period, it will have the right to petition the city to transfer the franchise to another grantee. (F) Unless prohibited by applicable law, the grantee must reimburse the city for the city’s reasonable review and processing expenses incurred in connection with any transfer or change in control of the franchise, as provided for in § 14.08.15. (Ord. MC-1484, passed 4-18-2018) § 14.08.10 FRANCHISE SERVICE AREA; ANNEXATIONS. (A) The franchise service area shall be established in the franchise agreement. (B) Territory annexed to the city that is not within the service area of a franchised or licensed cable operator at the time of annexation may be included within the franchise service area of an incumbent cable operator, as determined by Mayor and City Council resolution. (C) Territory annexed to the city that is included within the service area of a franchise or license issued by a local franchising authority other than the city is subject to the following provisions. (1) If the franchisee or licensee has not commenced construction or installation of a cable system before the annexation becomes effective, then all rights acquired by a cable operator under that franchise or license will terminate by operation of law. (2) If the franchisee or licensee has commenced construction or installation of a cable system before the annexation becomes effective, then that franchisee or licensee may continue to provide cable service to the annexed territory in accordance with the terms and conditions of the existing franchise or license; provided that all obligations thereunder, including the timely payment of franchise fees and PEG support fees, if any, shall be due and owing to the city by operation of law. (Ord. MC-1484, passed 4-18-2018) § 14.08.11 APPLICATION FOR NEW FRANCHISE; CONTENTS. (A) An application for the grant of a new franchise may be submitted by any person pursuant to Packet Page 1289 Cable, Video and Telecommunications Service Providers 9 the requirements of this chapter and subject to the terms of the city’s schedule of fees, as such schedule may, from time to time, be amended. The city may, by advertisement or any other means, solicit applications for a new franchise by issuing a request for proposals. (B) An application for a new franchise to construct, install, operate or maintain a cable system in the city shall be filed with the Department of Finance and Management Services and shall be on forms prescribed by the city. The city reserves the right to waive all application formalities where the city determines that the best interests of the city would be served by such waiver. (C) Unless waived in writing by the city, all applications for a franchise shall contain the following: (1) The name, address and telephone number of the applicant; (2) A detailed statement concerning the applicant’s business entity, including, but not limited to, the following: (a) The names and business addresses of all officers and directors; (b) The names and business addresses of all persons having an ownership interest of 5% or more in the applicant and the respective ownership interest of each such person; and (c) The names and addresses of any parent or subsidiary of the applicant, namely, any other business entity owning or controlling applicant in whole or in part, or owned or controlled in whole or in part by the applicant, and a statement describing the business of any such parent or subsidiary, including, but not limited to, cable systems owned or controlled by the parent or subsidiary, and the geographic areas served. (3) A description of the applicant’s previous experience in providing cable service or similar communications services; (4) A detailed financial statement of the applicant, certified by an independent certified public accountant, for the fiscal year preceding the date of the application. The city may require a statement from an independent certified public accountant, or a recognized lending institution, certifying that the applicant has sufficient financial resources available to construct and operate the proposed cable system in the city; (5) A detailed pro forma financial plan for the operation of the cable system during the term of the proposed franchise, in a format prescribed by the city; (6) A description of any cable system franchises awarded to the applicant, its parent or subsidiary, including the location and term of these franchises, the status of their completion, the total cost of completion of each cable system and the amount of applicant’s and its parent’s or subsidiary’s resources committed to the completion of these cable systems; (7) A detailed description of the applicant’s proposed plan of operation which shall include, but not be limited to, the following: (a) A detailed map that describes all areas of the city proposed to be served, and a proposed schedule for the construction of the cable system and the installation of all equipment necessary to become operational throughout the area to be served; (b) A schedule setting forth all proposed classifications of rates and charges to be paid by subscribers, including installation and other service charges; (c) A description of the equipment and operational standards proposed by the applicant; (d) A description of the applicant’s plan to provide public, educational and governmental access channel capacity, services, facilities and equipment, including a description of the method to be Packet Page 1290 San Bernardino - Franchises10 used by the applicant in reserving and inserting PEG programming; and (e) A description of the applicant’s plans to address the city’s institutional network needs. (8) A copy of any existing agreement covering the proposed franchise service area between the applicant and local telephone or electric utilities that provides for applicant’s use of any facilities of that utility, including, but not limited to, poles, lines or conduits; and (9) Any additional information that the city deems to be reasonably necessary to evaluate the applicant’s qualifications. (D) The applicant’s failure to comply with the requirements of this section may be grounds for rejection of an application at the city’s sole discretion. (Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 14.08.12 FRANCHISE APPROVAL. (A) The city may make such investigation as it deems necessary to determine the ability of an applicant to satisfactorily perform its obligations under a franchise. The applicant shall timely furnish to the city such additional information as the city may request. (B) Upon receipt of a complete application, and following the city’s investigation and review of that application, the City Manager shall prepare a report and make recommendations to the Mayor and City Council concerning the application. (C) The Mayor and City Council shall hold a noticed public hearing on the application. Written notice shall be given to the applicant at least ten days prior to the hearing by United States mail, postage prepaid, and by publication once in a newspaper of general circulation within the city. Within 60 days after the close of the hearing, unless an extension of time is mutually agreed upon by the city and the applicant, the Mayor and City Council shall make a written decision on whether the franchise should be granted, and if granted, subject to what conditions. (D) In determining whether to grant an application for a new franchise, the city may consider all factors that affect the interests of the community, including, but not limited to, the quality of the proposed cable service; the areas to be served; the rates to be charged; the amount of franchise fees to be generated; the experience, character, background, performance history and financial responsibility of an applicant (and its management and owners); the technical performance and quality of equipment; the applicant’s willingness and ability to meet construction requirements; and all other matters deemed relevant by the city to protect the interests of the city and the public. (E) The decision of the Mayor and City Council concerning the granting or denial of a franchise pursuant to this chapter shall be final. (Ord. MC-1484, passed 4-18-2018) § 14.08.13 FRANCHISE RENEWAL. Franchise renewals shall be processed in accordance with then-applicable law and with the renewal terms, if any, of the franchise agreement. The city and the grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the franchise. § 14.08.14 MULTIPLE FRANCHISES. (A) In its sole discretion, the city may limit the number of franchises granted at any one time based upon its consideration of all appropriate criteria, which shall include, but not be limited to, the following: (1) The capability of the public rights-of-way to accommodate the facilities of any proposed additional cable systems; and (2) The advantages and disadvantages that may result from additional cable system competition. (B) The city may require that a grantee be responsible for its own underground trenching and any Packet Page 1291 Cable, Video and Telecommunications Service Providers 11 associated costs if, in the city’s opinion, the public rights-of-way in any area cannot reasonably accommodate the additional cables, machinery, equipment or other facilities contemplated in connection with the construction, maintenance and operation of a proposed new cable system. § 14.08.15 FRANCHISE APPLICATION PROCESSING COSTS. (A) In connection with any application for a new franchise, a franchise modification requesting entry into a new area of the city, a franchise renewal or a franchise transfer, the applicant shall pay an application fee deposit equal to the city’s estimated costs in processing and reviewing the application, as such costs may be established, from time to time, by resolution of the Mayor and City Council. Such costs shall include all estimated administrative, consultant, noticing and document preparation expenses. No application shall be considered without payment of the application fee deposit. If the application fee deposit is less than the city’s actual costs, the applicant shall pay such additional costs to the city within 30 days after written notice from the city that such additional payment is required. If payment of such amount is not made within such time, the city shall cease all further proceedings related to the application. If actual costs are less than the application fee deposit, the remaining balance will be refunded to the applicant. (B) Application fee deposits are exclusive of an applicant’s or grantee’s obligation to pay other costs and fees required by this chapter or the franchise agreement, including, without limitation, construction inspection fees, permit fees and franchise fees. (Ord. MC-1484, passed 4-18-2018) § 14.08.16 FRANCHISE FEE FOR CABLE SERVICES. (A) In consideration for the privilege to use the city’s public rights-of-way in the operation of its cable system, and because the city will incur costs and expenses in regulating and administering the franchise, the grantee shall pay to the city a franchise fee in an amount equal to 5% of the grantee’s gross revenues, unless a greater amount is authorized by applicable law. (B) The franchise fee shall be paid quarterly and must be received by the city not later than 45 days after the close of each calendar quarter. (C) Concurrently with the payment of franchise fees, the grantee shall provide to the city a statement verified by a financial officer of grantee that sets forth gross revenues for the previous calendar quarter, listing every revenue source and describing gross revenue computations. (D) (1) On an annual basis, the grantee shall file a statement certified by a financial officer that sets forth all gross revenues for the previous calendar year, listing every revenue source and describing gross revenue computations. (2) If the city has any objections relating to that report, the city shall have 30 days to notify the grantee and to request additional information. The grantee shall have 30 days to provide additional information to resolve any objections to the city’s satisfaction. (E) (1) At any time during the term of a franchise, the city has the right to conduct, or require the grantee to obtain, an independent audit by certified public accountants approved by the city of all records of the grantee related to gross revenue reports or computations. The grantee shall pay all costs of that audit. The grantee shall cooperate with any such audit and shall make readily available all information requested by the city without regard as to whether information is contained in documents (as defined in the Public Records Act) or other media in the possession or under the control of the grantee. (2) The certified public accountants shall be required to certify in the audit that the grantee is in compliance with this chapter and the franchise agreement. The grantee shall maintain, in a readily accessible place, all relevant financial records for a minimum of four years after any payment period that such records pertain to. (F) If any franchise fee payment is not made by Packet Page 1292 San Bernardino - Franchises12 the due date, interest shall be charged monthly at a rate of 1%. In addition, if any franchise fee is not paid in full within 15 days after the grantee’s receipt of notice from the city concerning the delinquency of that payment, a late fee in the amount of 5% of the delinquent amount shall be assessed. Editor’s note: Utility usage data is not subject to PRA requests, with certain exceptions under Cal. Gov’t Code, § 7927.410 (formerly Cal. Gov’t Code, § 6254.4). Statutory reference: Public Records Act, see Cal. Gov’t Code, §§ 7920.000 et seq. § 14.08.17 CONTENTS OF CABLE TELEVISION FRANCHISE AGREEMENT. (A) The provisions of a franchise agreement for the operation of a cable television system may relate to or include, without limitation, the following subject matters: (1) The geographical area, duration and non-exclusive nature of the franchise; (2) The applicable franchise fee to be paid to the city, including the percentage amount, the method of computation and the time for payment; (3) Requirements relating to compliance with and implementation of state and federal laws and regulations pertaining to the operation of the cable television system; (4) Requirements relating to the construction, upgrade or rebuild of the cable television system, as well as the provision of special services, such as outlets for public buildings, emergency alert capability and parental control devices; (5) Requirements relating to the maintenance of a performance bond, a security fund, a letter of credit or similar assurances as determined by the city to secure the performance of the grantee’s obligations under the franchise agreement; (6) Requirements relating to liability insurance, workers’ compensation insurance and indemnification; (7) Requirements relating to consumer protection and customer service standards, including the resolution of subscriber complaints and disputes and the protection of subscribers’ privacy rights, which requirements may include, without limitation, compliance with the statutes, rules and regulations set forth below in § 14.08.23; (8) Requirements relating to the grantee’s support of local cable usage, including the provision of public, educational or governmental access channels; the coverage of public meetings and special events; interconnection requirements; and financial support for the required access channel facilities and activities that is consistent with this title; (9) Requirements relating to construction, operation and maintenance of the cable system within the public rights-of-way, including compliance with all applicable building codes and permit requirements; the abandonment, removal or relocation of facilities; and compliance with FCC technical standards; (10) Requirements relating to record-keeping, accounting procedures, reporting, periodic audits, performance reviews and the inspection of grantee’s books and records; (11) Acts or omissions constituting material breaches of or defaults under the franchise agreement, and the applicable penalties or remedies for those breaches or defaults, including fines, penalties, liquidated damages, suspension, revocation and termination; (12) Requirements relating to the sale, assignment or other transfer or change in control of the franchise; (13) The grantee’s obligation to maintain continuity of service and to authorize, under certain specified circumstances, the city’s operation and management of the cable system; and (14) Such additional requirements, conditions, policies and procedures as may be Packet Page 1293 Cable, Video and Telecommunications Service Providers 13 mutually agreed upon by the parties to the franchise agreement and that will, in the judgment of the city, best serve the public interest and protect the public health, welfare and safety. (B) If there is any conflict or inconsistency between the provisions of a franchise agreement authorized by the Mayor and City Council and provisions of this section, the provisions of the franchise agreement will control. (Ord. MC-1484, passed 4-18-2018) ARTICLE III. OPEN VIDEO SYSTEMS § 14.08.18 APPLICABILITY. The provisions of this article apply to an open video system operator that intends to deliver video programming to consumers in the city over an open video system. § 14.08.19 APPLICATION REQUIRED. (A) Before commencing the delivery of video programming services to consumers in the city over an open video system, the open video system operator must file an application with the city. That application must include or be accompanied by the following, as applicable: (1) The identity of the applicant, including all affiliates of the applicant; (2) Copies of FCC Form 1275, all “notices of intent” filed under 47 C.F.R. § 76.1503(b)(1) and the order of the FCC, all of which relate to certification of the applicant to operate an open video system in accordance with § 653(a)(1) of the Communications Act, being 47 U.S.C. § 573(a)(1), and the FCC’s rules; (3) The area or areas of the city that the applicant desires to serve; (4) A description of the open video system services that will be offered by the applicant over its existing or proposed facilities; (5) A description of the transmission medium that will be used by the applicant to deliver the open video system services; (6) Information in sufficient detail to establish the applicant’s technical qualifications, experience and expertise regarding the ownership and operation of the open video system described in the application; (7) Financial statements prepared in accordance with generally accepted accounting principles that demonstrate the applicant’s financial ability to: (a) Construct, operate, maintain and remove any new physical plant that is proposed to be constructed in the city; (b) Comply with the city’s PEG access channel requirements as specified below in § 14.08.21(B)(4); and (c) Comply with the city’s requirement that gross revenue fees be paid in the sum of 5%, as specified below in § 14.08.21(B)(2). (8) An accurate map showing the location of any existing telecommunications facilities in the city that the applicant intends to use, to purchase or to lease; (9) If the applicant’s operation of the open video system will require the construction of a new physical plant in the city, the following additional information must be provided: (a) A preliminary construction schedule and completion dates; (b) Preliminary engineering plans, specifications and a network map of any new facilities to be constructed in the city, in sufficient detail to identify: 1. The location and route Packet Page 1294 San Bernardino - Franchises14 requested for the applicant’s proposed facilities; 2. The locations, if any, for interconnection with the facilities of other telecommunications service providers; and 3. The specific structures, improvements, facilities relocate on a temporary or permanent basis. (c) The applicant’s statement that, in constructing any new physical plant, the applicant will comply with all applicable ordinances, rules and regulations of the city, including the payment of all required permit and processing fees. (10) The information and documentation that is required to be submitted to the city by a video provider, as specified below in § 14.08.23(B); (11) Such additional information as may be required by the City Manager; and (12) A non-refundable filing fee in an amount established by resolution of the Mayor and City Council. (B) If any item of information specified in division (A) above is determined under paramount federal or state law to be unlawful, the City Manager is authorized to waive the requirement that such information be included in the application. (Ord. MC-1484, passed 4-18-2018) § 14.08.20 REVIEW OF APPLICATION. Within 30 days after receipt of an application filed under § 14.08.19 that is deemed to be complete, the City Manager will give written notice to the applicant of the city’s intent to negotiate an agreement setting forth the terms and conditions under which the operation of the proposed open video system will be authorized by the city. The commencement of those negotiations will be on a date that is mutually acceptable to the city and to the applicant. § 14.08.21 AGREEMENT REQUIRED. (A) No video programming services may be provided in the city by an open video system operator unless the operator and the city have executed a written agreement, which may be designated as a franchise, setting forth the terms and conditions under which the operation of the proposed open video system will be authorized by the city. (B) The agreement between the city and the open video system operator may contain terms and conditions that relate to the following subject matters, to the extent that such terms, conditions and subject matters are not preempted by federal statute or regulations: (1) The nature, scope and duration of the agreement, including provisions for its renewal or extension; (2) The obligation of the open video system operator to pay to the city, at specified times, fees on the gross revenue received by the operator, as authorized by 47 C.F.R. § 76.1511, in accordance with the following standards and procedures. (a) The amount of the fees on the gross revenue will be 5%, and will be paid in lieu of the franchise fees authorized under § 622 of the Communications Act, being 47 U.S.C. § 542. (b) The term GROSS REVENUE means: 1. All gross revenue received by an open video system operator or its affiliates, including all revenues received from subscribers and all carriage revenues received from unaffiliated video programming providers; and 2. All advertising revenues received by the operator or its affiliates in connection with the provision of video programming, where such revenues are included in the calculation of the cable franchise fee paid to the city by the franchised cable operator. The term GROSS REVENUE does not include revenue, such as subscriber or advertising revenue, collected by unaffiliated video programming providers. Packet Page 1295 Cable, Video and Telecommunications Service Providers 15 (3) The obligation of the open video system operator to comply with requirements relating to information collection and record-keeping, accounting procedures, reporting, periodic audits and inspection of records in order to ensure the accuracy of the fees on the OVS gross revenue that are required to be paid as specified above in division (B)(2) above; (4) The obligation of the open video system operator to meet the city’s requirements with respect to PEG access facilities, as provided for in 47 C.F.R. § 76.1505. In this regard, the following standards and procedures are applicable. (a) The open video system operator is subject to the same PEG access channel requirements that apply within the cable television franchise service area with which its system overlaps. (b) The open video system operator must ensure that all subscribers receive all PEG access channels within the franchise service area in which the city’s subscribers are located. (c) The open video system operator may negotiate with the city to establish the operator’s obligations with respect to PEG access facilities. These negotiations may include the city’s franchised cable operator if the city, the open video system operator and the franchised cable operator so desire. (d) If the open video system operator and the city are unable to reach an agreement regarding the operator’s obligations with respect to public, educational and government access channel capacity, services, facilities and equipment within the city’s jurisdiction, then the following obligations will be imposed. 1. The open video system operator must satisfy the same PEG access channel obligations as the city’s franchised cable operator by providing the same amount of channel capacity for PEG access and by matching the city’s franchised cable operator’s annual financial contributions in support of public, educational and government access services, facilities and equipment that are actually used by the city. For in-kind contributions, such as cameras or production studios, the open video system operator may satisfy its statutory obligation by negotiating mutually agreeable terms with the city’s franchised cable operator, so that PEG access services to the city are improved or increased. If such terms cannot be agreed upon, the open video system operator must pay to the city the monetary equivalent of the franchised cable operator’s depreciated in-kind contribution, or, in the case of facilities, the annual amortization value. Any matching contributions provided by the open video system operator must be used to fund activities arising under § 611 of the Communications Act, being 47 U.S.C. § 531. 2. The city will impose upon the open video system operator the same rules and procedures that it imposes upon the franchised cable operator with regard to the open video system operator’s use of channel capacity designated for PEG access channel use when that capacity is not being used for such purposes. (e) The city’s franchised cable operator is required under federal law to permit the open video system operator to connect with its PEG access channel feeds. The open video system operator and the franchised cable operator may decide how to accomplish this connection, taking into consideration the physical and technical characteristics of the cable and the open video systems involved. If the franchised cable operator and the open video system operator cannot agree on how to accomplish the connection, the city has the right to decide. The city may require that the connection occur on city owned property or on public rights-of-way. (f) All costs of connection to the franchised cable operator’s PEG access channel feed must be borne by the open video system operator. These costs will be counted towards the open video system operator’s matching financial contributions set forth above in division (B)(4)(d)1. above. Packet Page 1296 San Bernardino - Franchises16 (g) The city will not impose upon the open video system operator any public, educational or government access channel obligations that are more favorable or less burdensome than those imposed upon the franchised cable operator. (h) If there is no existing franchised cable operator, the provisions of 47 C.F.R. § 76.1505(d)(6) will be applicable in determining the obligations of the open video system operator. (i) The open video system operator must adjust its system to comply with new public, educational, governmental and access channel obligations imposed on the city’s franchised cable operator following a renewal of the cable television franchise; provided, however, that the open video system operator will not be required to displace other programmers using its open video system to accommodate PEG access channels. The open video system operator must comply with such new PEG access channel obligations whenever additional capacity is or becomes available, whether it is due to increased channel capacity or to decreased demand for channel capacity. (5) If the city and the open video system operator cannot agree on the application of the FCC’s rules regarding the open video system operator’s obligations to provide PEG access under the provisions of division (B)(4) above, then either party may file a complaint with the FCC in accordance with the dispute resolution procedures set forth in 47 C.F.R. § 76.1514. No agreement will be executed by the city until the dispute has been finally resolved; (6) If the open video system operator intends to maintain an institutional network, as defined in § 611(f) of the Communications Act, being 47 U.S.C. § 531(f), the city will require that educational and government access channels be designated on that institutional network to the same extent that those channels are designated on the institutional network of the city’s franchised cable operator. In addition, to the extent authorized by federal law, the open video system operator may be required by the city to satisfy the same financial obligations and other requirements that are imposed upon the franchised cable operator to support data-transmission and related services that are provided by the institutional network; (7) The authority of an open video system provider to exercise editorial control over any public, educational or government use of channel capacity will be restricted in accordance with the provisions of 47 C.F.R. § 76.1505(f); (8) The obligation of the open video system operator to comply with all applicable federal, state and local statutes, ordinances and regulations, relating to customer service standards, including the Cable Television and Video Provider Customer Service and Information Act (Cal. Gov’t Code, §§ 53054 et seq.); the Video Customer Service Act (Cal. Gov’t Code, §§ 53088 et seq.); and the consumer protection and service standards of this chapter, commencing with § 14.08.22; (9) If new physical plant is proposed to be constructed within the city, the obligation of the open video system operator to comply with the following rights-of-way use and management responsibilities that are also imposed by the city upon other telecommunications service providers in a non-discriminatory and competitively neutral manner: (a) Compliance with all applicable city laws, including applications for excavation, encroachment and construction permits and the payment of all required permit and inspection fees; (b) The coordination of construction activities; (c) Compliance with established standards and procedures for constructing lines across private property; (d) Compliance with all applicable insurance and indemnification requirements; (e) The repair and resurfacing of construction-damaged streets; and Packet Page 1297 Cable, Video and Telecommunications Service Providers 17 (f) Compliance with all public safety requirements that are applicable to telecommunications service providers using public property or public rights-of-way. (10) Acts or omissions constituting breaches or defaults of the agreement, and the applicable penalties, liquidated damages and other remedies, including fines or the suspension, revocation or termination of the agreement; (11) Requirements relating to the sale, assignment or transfer of the open video system; (12) Requirements relating to the open video system operator’s compliance with and implementation of state and federal laws, rules and regulations pertaining to the operation of the open video system; and (13) Such additional requirements, conditions, terms, policies and procedures as may be mutually agreed upon by the city and the open video system operator and that will, in the judgment of the Mayor and CommonCity Council, best serve the public interest and protect the public health, welfare and safety. ARTICLE IV. OTHER VIDEO AND TELECOMMUNICATIONS SERVICES AND SYSTEMS § 14.08.22 OTHER MULTI-CHANNEL VIDEO PROGRAMMING DISTRIBUTORS. The term CABLE SYSTEM does not include a facility that serves subscribers without using any public rights-of-way. Consequently, the categories of multi-channel video programming distributors identified below are not deemed to be CABLE SYSTEMS and are, therefore, exempt from the city’s franchise requirements and from certain other local regulatory provisions authorized by federal law; provided that their distribution or transmission facilities do not involve the use of the city’s public rights-of-way. (A)MULTI-CHANNEL MULTI-POINT DISTRIBUTION SERVICE (“MMDS”), also known as WIRELESS CABLE, which typically involves the transmission by an FCC-licensed operator of numerous broadcast stations from a central location using line-of-sight technology. (B)LOCAL MULTI-POINT DISTRIBUTION SERVICE (“LMDS”), another form of over-the-air, wireless video service for which licenses are auctioned by the FCC and that offers video programming, telephone and data networking services. (C)DIRECT BROADCAST SATELLITE (“DBS”), also referred to as DIRECT-TO-HOME SATELLITE SERVICES, which involves the distribution or broadcasting of programming or services by satellite directly to the subscriber’s premises without the use of ground receiving or distribution equipment, except at the subscriber’s premises or in the up-link process to the satellite. Local regulation of direct-to-home satellite services is further proscribed by the following federal statutory provisions. (1) 47 U.S.C. § 303(v) confers upon the FCC exclusive jurisdiction to regulate the provisions of direct-to-home satellite services. (2) Section 602 of the Communications Act, being 47 U.S.C. § 522, states that a provider of direct-to-home satellite service is exempt from the collection or remittance, or both, of any tax or fee imposed by any local taxing jurisdiction on direct-to-home satellite service. The terms TAX and FEE are defined by federal statute to mean any local sales tax, local use tax, local intangible tax, local income tax, business license tax, utility tax, privilege tax, gross receipts tax, excise tax, franchise fees, local telecommunications tax or any other tax, license or fee that is imposed for the privilege of doing business, regulating or raising revenue for a local taxing jurisdiction. § 14.08.23 VIDEO PROVIDERS - REGISTRATION; CUSTOMER SERVICE STANDARDS. Packet Page 1298 San Bernardino - Franchises18 (A) Unless the customer protection and customer service obligations of a video provider are specified in a franchise with the city, a video provider must comply with all applicable provisions of the following state statutes: (1) The Cable Television and Video Provider Customer Service and Information Act (Cal. Gov’t Code, §§ 53054 et seq.); and (2) The Video Customer Service Act (Cal. Gov’t Code, §§ 53088 et seq.). (B) (1) All video providers that are operating in the city on the effective date of this chapter, or that intend to operate in the city after the effective date of this chapter, and are not required under applicable law to operate under a franchise, license, lease or similar written agreement with the city, must register with the city. (2) The registration form must include or be accompanied by the following: (a) The video provider’s name, address and local telephone numbers; (b) The names of the officers of the video provider; (c) A copy of the video provider’s written policies and procedures relating to customer service standards and the handling of customer complaints, as required by Cal. Gov’t Code, §§ 53054 et seq. These customer service standards must include, without limitation, standards regarding the following: 1. Installation, disconnection, service and repair obligations, employee identification and service call response time and scheduling; 2. Customer telephone and office hours; 3. Procedures for billing, charges, refunds and credits; 4. Procedures for termination of service; 5. Notice of the deletion of a programming service, the changing of channel assignments or an increase in rates; 6. Complaint procedures and procedures for bill dispute resolution; 7. The video provider’s written acknowledgment of its obligation under Cal. Gov’t Code, § 53055.1 to provide to new customers a notice describing the customer service standards specified in divisions (B)(2)(c)1. through (B)(2)(c)6. above at the time of installation or when service is initiated. The notice must also include, in addition to all of the information described above in divisions (B)(2)(c)1. through (B)(2)(c)6. above, all of the following: a. A listing of the services offered by the video provider that clearly describes all levels of service and the rates for each level of service; b. The telephone number or numbers through which customers may subscribe to, change or terminate service; request customer service; or seek general or billing information; and c. A description of the rights and remedies that the video provider may make available to its customers if the video provider does not materially meet its customer service standards. 8. The video provider’s written commitment to distribute annually to its employees and customers, and to the city, a notice describing the customer service standards specified above in divisions (B)(2)(c)1. through (B)(2)(c)6. above. This annual notice must include the report of the video provider on its performance in meeting its customer service standards, as required by Cal. Gov’t Code, § 53055.2. (d) Unless a video provider is exempt under federal law from its payment, a registration fee in an amount established by resolution of the Mayor and CommonCity Council to cover the reasonable costs incurred by the city in reviewing and processing the registration form; and (e) In addition to the registration fee specified above in division (B)(2)(d) above, the written Packet Page 1299 Cable, Video and Telecommunications Service Providers 19 commitment of the video provider to pay to the city, when due, all costs and expenses reasonably incurred by the city in resolving any disputes between the video provider and its subscribers, which dispute resolution is mandated by Cal. Gov’t Code, § 53088.2(p). (C) The customer service obligations imposed upon video providers by the Video Customer Service Act, Cal. Gov’t Code, §§ 53088 et seq. consist of the following. (1) Every video provider must render reasonably efficient service, make repairs promptly and interrupt service only as necessary. (2) All video provider personnel contacting subscribers or potential subscribers outside the office of the provider must be clearly identified as associated with the video provider. (3) At the time of installation, and annually thereafter, all video providers must provide to all customers a written notice of the programming offered, the prices for that programming, the provider’s installation and customer service policies and the name, address and telephone number of the city’s office that is designated for receiving complaints. (4) All video providers must have knowledgeable, qualified company representatives available to respond to customer telephone inquiries Monday through Friday, excluding holidays, during normal business hours. (5) All video providers must provide to customers a toll-free or local telephone number for installation, service and complaint calls. These calls must be answered promptly by the video providers. (6) All video providers must render bills that are accurate and understandable. (7) All video providers must respond promptly to a complete outage in a customer’s service. The response must occur within 24 hours of the reporting of such outage to the provider, except in those situations beyond the reasonable control of the video provider. A video provider will be deemed to respond to a complete outage when a company representative arrives at the outage location within 24 hours and begins to resolve the problem. (8) All video providers must provide a minimum of 30 days’ written notice before increasing rates or deleting channels. All video providers must make every reasonable effort to submit the notice to the city in advance of the distribution to customers. The 30-day notice is waived if the increases in rates or deletion of channels are outside the control of the video provider. In those cases, the video provider must make reasonable efforts to provide customers with as much notice as possible. (9) Every video provider must allow every residential customer who pays his or her bill directly to the video provider at least 15 days from the date the bill for services is mailed to the customer, to pay the listed charges unless otherwise agreed to pursuant to a residential rental agreement establishing tenancy. Customer payments must be posted promptly. No video provider may terminate residential service for non-payment of a delinquent account unless the video provider furnishes notice of the delinquency and impending termination at least 15 days prior to the proposed termination. The notice must be mailed, postage prepaid, to the customer to whom the service is billed. Notice must not be mailed until the sixteenth day after the date the bill for services was mailed to the customer. The notice of delinquency and impending termination may be part of a billing statement. Additionally, no video provider may assess a late fee any earlier than the twenty-second day after the bill for service has been mailed. (10) Every notice of termination of service, pursuant to the preceding division (C)(9) above, must include all of the following information: (a) The name and address of the customer whose account is delinquent; (b) The amount of the delinquency; (c) The date by which payment is required in order to avoid termination of service; and (d) The telephone number of a Packet Page 1300 San Bernardino - Franchises20 representative of the video provider who can provide additional information and handle complaints or initiate an investigation concerning the service and charges in question. (11) Service may only be terminated on days in which the customer can reach a representative of the video provider either in person or by telephone. (12) Any service terminated without good cause must be restored without charge for the service restoration. Good cause includes, but is not limited to, failure to pay, payment by check for which there are insufficient funds, theft of service, abuse of equipment or system personnel or other similar subscriber actions. (13) All video providers must issue requested refund checks promptly, but no later than 45 days following the resolution of any dispute, and following the return of the equipment supplied by the video provider, if service is terminated. (14) All video providers must issue security or customer deposit refund checks promptly, but no later than 45 days following the termination of service, less any deductions permitted by law. (15) Video providers must not disclose the name and address of a subscriber for commercial gain to be used in mailing lists or for other commercial purposes not reasonably related to the conduct of the businesses of the video providers or their affiliates, unless the video providers have provided to the subscriber a notice, separate or included in any other customer notice, that clearly and conspicuously describes the subscriber’s ability to prohibit the disclosure. Video providers must provide an address and telephone number for a local subscriber to use without toll charge to prevent disclosure of the subscriber’s name and address. (D) As authorized by Cal. Gov’t Code, § 53088.2(r), the following schedule of penalties is adopted. These penalties may be imposed for the material breach by a video provider of the consumer protection and service standards that are set forth in division (C) above; provided that the breach is within the reasonable control of the video provider. These penalties are in addition to any other remedies authorized by this chapter or by any other law, and the city has discretion to elect the remedy that it will apply. The imposition of penalties authorized by this division (D) will not prevent the city or any other affected party from exercising any other remedy to the extent permitted by law, including, but not limited to, any judicial remedy as provided in division (D)(2) below. (1)Schedule of penalties. (a) For a first material breach: the maximum penalty is $200 for each day of material breach, but not to exceed a cumulative total of $600 for each occurrence of material breach, irrespective of the number of customers affected; (b) For a second material breach of the same nature for which a monetary penalty was previously assessed within the preceding 12-month period: the maximum penalty is $400 per day, not to exceed a cumulative total of $1,200 for each occurrence of the material breach, irrespective of the number of customers affected; (c) For a third or further material breach of the same nature for which a monetary penalty was previously assessed within the preceding 12-month period: the maximum penalty is $1,000 per day, not to exceed a cumulative total of $3,000 for each occurrence of the material breach, irrespective of the number of customers affected; and (d) The maximum penalties referenced above may be increased by any additional amount authorized by state law. (2)Judicial remedies not affected. The imposition of penalties in accordance with the provisions of division (D)(1) above do not preclude any affected party from pursuing any judicial remedy that is available to that party. (3)Administration, notice and appeal. (a) The City Manager is authorized to administer this division (D). Decisions by the City Manager to assess penalties against a video provider Packet Page 1301 Cable, Video and Telecommunications Service Providers 21 must be in writing and must contain findings supporting the decisions. Decisions by the City Manager are final, unless appealed to the Mayor and City Council. (b) If the video provider or any interested person is aggrieved by a decision of the City Manager, the aggrieved party may, within ten days of the written decision, appeal that decision in writing to the Mayor and City Council. The appeal letter must be addressed to the City Clerk and must be accompanied by any applicable fee established by the Mayor and City Council for processing the appeal. The Mayor and City Council may affirm, modify or reverse the decision of the City Manager. (c) The imposition of monetary penalties under division (D)(1) above is subject to the following requirements and limitations. 1. The city must give the video provider written notice of any alleged material breach of the consumer service standards and must allow the video provider at least 30 days from receipt of that notice to remedy the breach. 2. For the purpose of assessing monetary penalties, a material breach will be deemed to have occurred for each day following the expiration of the period for cure specified in division (D)(3)(c)1. above that the material breach has not been remedied by the video provider, irrespective of the number of customers affected. 3. In assessing monetary penalties under this division (D), the City Manager, any designated hearing officer or the Mayor and City Council, as applicable, may take into account the nature, circumstances, extent and gravity of the violation and, with respect to the video provider, the degree of culpability, any history of prior violations and such other matters as may be relevant. If warranted under the circumstances, the monetary penalty to be assessed may be less than the maximum penalty authorized in division (D)(1) above. (Ord. MC-1484, passed 4-18-2018) § 14.08.24 TELECOMMUNICATIONS SERVICE PROVIDED BY TELEPHONE CORPORATIONS. Any video programming provided by a telephone corporation that uses public rights-of-way in the delivery of that video programming, regardless of the technology used, will be considered a cable service under this chapter unless such programming is otherwise expressly authorized by state or federal law. (A) In recognition of and in compliance with statutory requirements that are set forth in state law, the following regulatory provisions are applicable to a telephone corporation that desires to provide telecommunications service by means of facilities that are proposed to be constructed within the city’s public rights-of-way. (1) The telephone corporation must apply for and obtain, as may be applicable, an excavation permit, an encroachment permit or a building permit (“ministerial permit”). (2) In addition to the information required by this chapter, in connection with an application for a ministerial permit, a telephone corporation must submit to the city the following supplemental information: (a) A copy of the certificate of public convenience and necessity issued by the State Public Utilities Commission (“CPUC”) to the applicant, and a copy of the CPUC decision that authorizes the applicant to provide the telecommunications service for which the facilities are proposed to be constructed in the city’s public rights-of-way; and (b) If the applicant has obtained from the CPUC a certificate of public convenience to operate as a “competitive local carrier,” the following additional requirements are applicable. Packet Page 1302 San Bernardino - Franchises22 1. As required by the CPUC, the applicant must establish that it has filed with the city, in a timely manner, a quarterly report that describes the type of construction and the location of each construction project proposed to be undertaken in the city during the calendar quarter in which the application is filed, which information is sufficient to enable the city to coordinate multiple projects, as may be necessary. 2. If the applicant’s proposed construction project will extend beyond the utility rights-of-way into undisturbed areas or other rights-of-way, the applicant must establish that it has filed a petition with the CPUC to amend its certificate of public convenience and necessity and that the proposed construction project has been subjected to a full-scale environmental analysis by the CPUC, as required by Decision No. 95-12-057 of the CPUC. 3. The applicant must inform the city whether its proposed construction project will be subject to any of the mitigation measures specified in the negative declaration (“Competitive Local Carriers (“CLCs”) Projects for Local Exchange Communication Service throughout California”) or to the mitigation monitoring plan adopted in connection with Decision No. 95-12-057 of the CPUC. The city’s issuance of a ministerial permit will be conditioned upon the applicant’s compliance with all applicable mitigation measures and monitoring requirements imposed by the CPUC upon telephone corporations that are designated as “competitive local carriers.” (B) In recognition of the fact that numerous excavations in the public rights-of-way diminish the useful life of the surface pavement, and for the purpose of mitigating the adverse impacts of numerous excavations on the quality and longevity of public street maintenance within the city, the following policies and procedures are adopted. (1) The City Manager is directed to ensure that all public utilities, including telephone corporations, comply with all local design, construction, maintenance and safety standards that are contained within, or are related to, a ministerial permit that authorizes the construction of facilities within the public rights-of-way. (2) The City Manager is directed to coordinate the construction and installation of facilities by public utilities, including telephone corporations, in order to minimize the number of excavations in the public rights-of-way. In this regard, based upon projected plans for street construction or renovation projects, the City Manager is authorized to establish, on a quarterly basis, one or more construction time periods or “windows” for the installation of facilities within the public rights-of-way. Telephone corporations and other public utilities that submit applications for ministerial permits to construct facilities after a predetermined date may be required to delay such construction until the next quarterly “window” that is established by the city. (C) Subject to applicable provisions of state and federal law, any video programming provided by a telephone corporation that uses public rights-of-way in the transmission or delivery of that video programming, regardless of the technology used, will be deemed to be a video service subject to the franchise requirements set forth in § 14.08.04. (D) Telephone corporations that apply for and receive a state franchise to provide video service within all or any part of the city must comply with the provisions of this title, and all applicable provisions of the Digital Infrastructure and Video Competition Act of 2006 (Division 2.42.5 of the Cal. Public Utilities Code, commencing with § 5800). § 14.08.25 PUBLIC, EDUCATIONAL AND GOVERNMENTAL SUPPORT FEE (“PEG FEE”) AND REQUIREMENT TO PROVIDE PEG CHANNELS. (A)PEG fee. A fee of 1% of gross revenues shall be assessed on all video service providers that Packet Page 1303 Cable, Video and Telecommunications Service Providers 23 use the public rights-of-way, including all local franchisees and all holders of state franchises as consistent with state or federal law. The PEG fee shall be paid quarterly, to be received by the city not later than 45 days after the close of each quarter of grantee’s fiscal year. (1) On a quarterly basis, the grantee shall provide the city a complete and accurate statement verified by a financial officer of the grantee indicating gross revenues for the past quarter, listing every revenue source and depicting gross revenue computations. (2) A video service provider subject to this section may recover the amount of any fee by billing a recovery fee as a separate line item on the regular bill of each subscriber. (B)Channel designation. All video service providers that use the public rights-of-way shall designate sufficient amount of capacity on its network to allow the carriage of at least three public, educational or governmental access (“PEG”) channels. For the purposes of this section, a PEG channel is deemed activated if it is being utilized for PEG programming within the city for at least eight hours per day. (1) PEG channels shall be for the exclusive use of the city or its designee to provide public, educational or governmental channels. (2) Advertising, underwriting or sponsorship recognition may be carried on the channels for the purpose of funding PEG-related activities. (3) The PEG channels shall all be carried on the basic service tier of the grantee. (4) To the extent feasible, the PEG channels shall not be separated numerically from other channels carried on the basic service tier and the channel numbers for the PEG channels shall be the same channel numbers used by the incumbent cable operator unless prohibited by federal law. (5) After the initial designation of PEG channel numbers, the channel numbers shall not be changed without the agreement of the city unless the change is required by federal law. (6) Each channel shall be capable of carrying a National Television System Committee (“NTSC”) television signal. (C)Interconnection. Where technically feasible, all grantee’s video service providers shall negotiate in good faith to interconnect their networks for the purpose of providing PEG programming. Interconnection may be accomplished by direct cable, microwave link, satellite or other reasonable method of connection. Holders of a state franchise and incumbent cable operators shall provide interconnection of the PEG channels on reasonable terms and conditions and may not withhold the interconnection. If a holder of a state franchise and an incumbent cable operator cannot reach a mutually acceptable interconnection agreement, the city may require the incumbent cable operator to allow the holder to interconnect its network with the incumbent’s network at a technically feasible point on the holder’s network as identified by the holder. If no technically feasible point for interconnection is available, the holder of a state franchise shall make an interconnection available to the channel originator and shall provide the facilities necessary for the interconnection. The cost of any interconnection shall be borne by the holder of a state franchise requesting the interconnection unless otherwise agreed to by the parties. ARTICLE V. DEFINITIONS § 14.08.26 DEFINED TERMS AND PHRASES. (A) For the purpose of this chapter, the following definitions shall apply unless the context clearly Packet Page 1304 San Bernardino - Franchises24 indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future tense and words in the singular include the plural number. AFFILIATE. When used in relation to any person, another person who owns or controls, is owned or controlled by or is under common ownership or control with, such person. CABLE SERVICE. The one-way transmission to subscribers of video programming, or other programming services, and subscriber interaction, if any, that is required for the selection or use of that video programming or other programming service. For the purposes of this definition, VIDEO PROGRAMMING means programming provided by, or generally considered comparable to programming provided by, a television broadcast station; and OTHER PROGRAMMING SERVICE means information that a cable system operator makes available to all subscribers generally. C A B L E S Y S T E M , C A B L E COMMUNICATIONS SYSTEM or CABLE TELEVISION SYSTEM. A facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community. The term CABLE SYSTEM does not include: (a) A facility that serves only to retransmit the television signals of one or more television broadcast stations; (b) A facility that serves subscribers without using any public rights-of-way; (c) A facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act, being 47 U.S.C. pt. I, commencing with §§ 201 et seq., except that such facility will be considered a cable system (other than for purposes specified in § 621(c) of the Communications Act), being 47 U.S.C. § 541(c)), to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; (d) An open video system that complies with § 653 of the Communications Act, being 47 U.S.C. § 573; or (e) Any facilities of an electric utility that are used solely for operating its electric utility system. CABLE SYSTEM OPERATOR or CABLE OPERATOR. Any person or group of persons: (a) Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in that cable system; or (b) Who otherwise controls or is responsible for, through any arrangement, the management and operation of that cable system. C.F.R. The Code of Federal Regulations. Thus, the citation of “47 C.F.R. § 80.1” refers to title 47, part 80, section 1 of the Code of Federal Regulations. CITY. The City of San Bernardino, California as represented by its Mayor and CommonCity Council or by any delegate acting within the scope of its delegated authority. CITY MANAGER. The City Manager of the City of San Bernardino, or the City Manager’s designee. COMMUNICATIONS ACT. The Communications Act of 1934 (47 U.S.C. §§ 153 et seq.), as amended by the Cable Communications Policy Act of 1984, being Pub. Law No. 98-549, the Cable Television Consumer Protection and Competition Act of 1992, being Pub. Law. No. 102-385, and the Telecommunications Act of 1996, being Pub. Law No. 104-104, amending various sections of U.S.C. Titles 15, 18 and 47. Packet Page 1305 Cable, Video and Telecommunications Service Providers 25 FCC or FEDERAL COMMUNICATIONS COMMISSION. The federal administrative agency, or any lawful successor, that is authorized to regulate cable and telecommunications services and cable and telecommunications service providers on a national level. FRANCHISE. An initial authorization, or the renewal of an initial authorization, granted by the Mayor and CommonCity Council, whether such authorization is designated as a franchise, agreement, permit, license, resolution, contract, certificate or otherwise, that authorizes the construction or operation of a cable system or an open video system. FRANCHISE FEE. (a) Means any fee or assessment of any kind that is authorized by state or federal law to be imposed by the city on a grantee as compensation in the nature of rent for the grantee’s use of the public rights-of-way. (b) The term FRANCHISE FEE does not include: 1. Any tax, fee or assessment of general applicability (including any such tax, fee or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee or assessment which is unduly discriminatory against cable operators or cable subscribers); 2. Capital costs that are required by the franchise to be incurred by a grantee for public, educational or governmental access facilities; 3. Requirements or charges that are incidental to the award or enforcement of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties or liquidated damages; or 4. Any fee imposed under Title 17 U.S.C. FRANCHISE SERVICE AREA or SERVICE AREA. The entire geographic area of the city as it is now constituted, or may in the future be constituted, unless otherwise specified in the ordinance or resolution granting a franchise, or in a franchise agreement. GRANTEE. Any person that is awarded a franchise in accordance with this chapter, and that person’s lawful successor, transferee or assignee. GROSS REVENUE. (a) Means all revenue that is received, directly or indirectly, by the grantee from, or in connection with, the distribution of any cable service within the franchise service area, and any other service provided within the franchise service area that may, under existing or future federal law, be included in the Communications Act definition for the purpose of calculating and collecting the maximum allowable franchise fee for operation of the system, whether or not authorized by any franchise, including, without limitation, leased or access channel revenue received, directly or indirectly, from or in connection with the distribution of any cable service. It is intended that all revenue collected by the grantee from the provision of cable service over the system, whether or not authorized by the franchise, be included in this definition. GROSS REVENUE also specifically includes any revenue received, as reasonably determined, from time to time, by the city, through any means that is intended to have the effect of avoiding the payment of compensation that would otherwise be paid to the city for the franchise granted, including the fair market value of any non-monetary (i.e., barter) transactions between the grantee and any person, but not less than the customary prices paid in connection with equivalent transactions. GROSS REVENUE also includes any bad debts recovered, payments received for the lease or license to third parties of excess capacity in fiber optic cables or similar transmission facilities and all revenue that is received by the grantee, or its subsidiaries or affiliated companies, directly or indirectly, from or in Packet Page 1306 San Bernardino - Franchises26 connection with the distribution of any service over the system or the conduct of any service-related activity involving the system, including, without limitation, revenues derived from advertising sales, the sale of products or services on home shopping channels and the sale of program guides. (b)GROSS REVENUE does not include: 1. The revenue of any person to the extent that such revenue is also included in the gross revenue of grantee; 2. Taxes imposed by law on subscribers that grantee is obligated to collect; 3. Amounts that must be excluded pursuant to applicable law; 4. Bad debt; and 5. Deposits and refunds. M U L T I - C H A N N E L V I D E O PROGRAMMING DISTRIBUTOR or VIDEO PROGRAMMING DISTRIBUTOR. A person, such as, but not limited to, a cable system operator, an open video system operator, a multi-channel multi-point distribution service, a direct broadcast satellite service or a television receive-only satellite program distributor, who makes available multiple channels of video programming for purchase by subscribers or customers. OPEN VIDEO SYSTEM. A facility consisting of a set of transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service, including video programming, and that is provided to multiple subscribers within the city; provided that the FCC has certified that such system is authorized to operate in the city and complies with 47 C.F.R. §§ 1500 et seq., titled “Open Video Systems.” OPEN VIDEO SYSTEM OPERATOR. Any person or group of persons who provides cable service over an open video system and directly or through one or more affiliates owns a significant interest in that open video system, or otherwise controls or is responsible for the management and operation of that open video system. PERSON. An individual, partnership, limited liability company, association, joint stock company, trust, corporation or governmental entity. PUBLIC, EDUCATIONAL OR GOVERNMENT ACCESS FACILITIES, PEG ACCESS FACILITIES or PEG ACCESS. The total of the following: (a) Channel capacity designated for non-commercial public, educational or government use; and (b) Facilities and equipment for the use of that channel capacity. STREET or PUBLIC RIGHT-OF-WAY. Each of the following that has been dedicated to the public and maintained under public authority or by others and is located within the city limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and similar public property that the city, from time to time, authorizes to be included within the definition of a street. SUBSCRIBER or CUSTOMER or CONSUMER. Any person who, for any purpose, subscribes to the services provided by a multi-channel video programming distributor and who pays the charges for those services. TELECOMMUNICATIONS. The transmission, between or among points specified by the user, of information of the user’s choosing, without change. Packet Page 1307 Cable, Video and Telecommunications Service Providers 27 TELECOMMUNICATIONS EQUIPMENT. Equipment, other than customer premises equipment, used by a telecommunications service provider to provide telecommunications service, including software that is integral to that equipment. TELECOMMUNICATIONS SERVICE. The offering of telecommunications directly to the public for a fee, or to such classes of users as to be effectively available directly to the public, regardless of the equipment or facilities that are used. TELECOMMUNICATIONS SERVICE PROVIDER. Any provider of telecommunications service. U.S.C. The United States Code. Thus, the citation of “47 U.S.C. § 153” refers to title 47, section 153 of the United States Code. VIDEO PROGRAMMING PROVIDER. Any person or group of persons who has the right under the federal copyright laws to select and to contract for the carriage of specific video programming on a cable system or an open video system. VIDEO PROVIDER. Any person, company or service that provides one or more channels of video programming to a residence, including a home, multi-family dwelling complex, congregate-living complex, condominium, apartment or mobile home, where some fee is paid for that service, whether directly or as included in dues or rental charges, and whether or not public rights-of-way are used in the delivery of that video programming. A VIDEO PROVIDER includes, without limitation, providers of cable television service, open video system service, master antenna television, satellite master antenna television, direct broadcast satellite, multi-point distribution services and other providers of video programming, whatever their technology. (B) Unless otherwise expressly stated, words, terms, phrases and abbreviations not defined in this section will be given their meaning as used in 47 U.S.C., as amended, and, if not defined in that Code, their meaning as used in 47 C.F.R. ARTICLE VI. VIOLATIONS; ENFORCEMENT § 14.08.27 VIOLATIONS; ENFORCEMENT. (A) Any person who willfully violates any provision of this chapter is guilty of a misdemeanor and is punishable as provided for in Chapter 1.12. (B) The misdemeanor penalty specified in division (A) above is not applicable to a violation of any provision of this chapter for which another sanction or penalty may be imposed under any franchise, license, lease or similar written agreement between the city and a multi-channel video programming distributor or other telecommunications service provider. (C) The city may initiate a civil action in any court of competent jurisdiction to enjoin any violation of this chapter. (Ord. 3934, passed 5-12-1980; Ord. 3952, passed 7-22-1980; Ord. MC-258, passed 3-28-1983; Ord. MC-460, passed 5-15-1985; Ord. MC-492, passed 1-22-1986; Ord. MC-667, passed 7-19-1989; Ord. MC-870, passed 4-20-1993; Ord. MC-1242, passed 3-20-2007; Ord. MC-1484, passed 4-18-2018) Packet Page 1308 TITLE 15: BUILDINGS AND CONSTRUCTION Chapter 15.04. BUILDING CODES 15.05. PROPERTY MAINTENANCE CODE 15.08. LIQUEFACTION 15.10. FOOTHILL FIRE ZONE BUILDING STANDARDS 15.11. BUILDING SAFETY ENHANCEMENT AREA BUILDING STANDARDS 15.12. EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS 15.16. UNIFORM FIRE CODE 15.20. CERTIFICATE OF OCCUPANCY 15.24. PROPERTY MAINTENANCE REQUIREMENTS 15.25. MULTI-FAMILY RENTAL HOUSING FIRE INSPECTION PROGRAM 15.26. SINGLE-FAMILY RENTAL PROPERTY INSPECTION PROGRAM 15.27. MULTI-FAMILY RENTAL HOUSING PROGRAM MAINTENANCE STANDARDS 15.28. DANGEROUS BUILDINGS 15.32. RESERVED 15.34. REMOVAL OR DESTRUCTION OF TREES 15.36. DEMOLITION AND MOVING OF BUILDINGS AND STRUCTURES 15.37. HISTORIC BUILDING DEMOLITION ORDINANCE 1 Packet Page 1309 San Bernardino - Buildings and Construction2 15.38. RESERVED 15.40. RESERVED 15.44. RESERVED 15.48. SWIMMING POOLS 15.52. RESERVED 15.55. CITY ASSUMPTION OF CODE ENFORCEMENT IN MOBILE HOME PARKS 15.56. RESERVED 15.57. CULTURAL DEVELOPMENT CONSTRUCTION TAX 15.60. RESERVED 15.64. RESERVED 15.68. WASHERS, DRYERS, EXTRACTORS AND COMPRESSORS 15.72. RESERVED 15.73. VERDEMONT AREA - INFRASTRUCTURE FEE 15.74. VIOLATION - PENALTY Statutory reference: For provisions authorizing cities to adopt codes by reference, see Cal. Gov’t Code, §§ 50022.1 et seq. For provisions authorizing cities to regulate buildings and construction, see Cal. Gov’t Code, §§ 38601 and 38660. For provisions on the construction of housing, see Cal. Health and Safety Code, §§ 17910 et seq. Packet Page 1310 CHAPTER 15.04: BUILDING CODES Section 15.04.010 Citation 15.04.020 Adoption of codes 15.04.030 Applicability 15.04.040 Definition 15.04.050 CBC Chapter 1, Section 105.5.1 is added - prima facie evidence of abandoned work 15.04.060 CBC Chapter 1, Section 112.1.1 is added - Board of Appeals designated 15.04.070 CBC Chapter 1, Section 105.2, Item 2 is amended - fences not requiring a building permit 15.04.080 Reserved 15.04.090 CBC Section 2204.1.1 is added - qualification of welding operators 15.04.100 CBC Section 3109.1.1 is added - barriers for swimming pools 15.04.110 CBC Appendix J, Section J101.3 is added - Alquist-Priolo earthquake fault zones 15.04.120 CBC Appendix J, Section J101.4 is added - enforcement authority 15.04.130 On-site improvement permit 15.04.140 Preparation of grading plans 15.04.150 On-site improvement plans and specifications 15.04.160 Information on on-site improvement plans 15.04.170 On-site improvement plan review and permit fees 15.04.180 Inspection of on-site improvements 15.04.190 Bonds required 15.04.200 CBC Appendix J, Section J110.1 is added - planting of slopes 15.04.210 CBC Appendix J, Section J112 is added - grading operations 15.04.220 CBC Appendix J, Section J110.3 is added - final reports 15.04.230 Driveway configurations 15.04.240 Location of slopes 15.04.250 Automatic fire sprinkler systems - residential additions 15.04.260 Stop work order Editor’s note: This chapter is added by Ord. MC-1433, passed 12-21-2016. § 15.04.010 CITATION. The ordinance codified in this chapter shall be known as the “San Bernardino Building Code” hereinafter referred to as the “Building Code.” (Ord. MC-1433, passed 12-21-2016) § 15.04.020 ADOPTION OF CODES. (A) Except as provided in this chapter, the code currently adopted the State Building Code under Title 24 Sections Parts 1-6, 81, 9 and 11 of the CCR, known and designated as the 2019 California Building Codes (“CBC”), as adopted by the State of California, based on the 2018 International Building Code, published by the International Code Council and the Plumbing and Mechanical Codes, written by IAPMO, and the National Electrical Code and Fire Code, as written by NFPA, shall become the administrative provisions of the city for regulating the construction, erection, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment use and occupancy and maintenance of all buildings and/or structures in the city. Chapter 1 of the 2019 California Building Code and all other formally adopted Building Codes will be on file for public examination in the offices of the Building Official, as required by state law.Except as provided in this chapter, the code currently adopted State Building 3 Packet Page 1311 San Bernardino - Buildings and Construction4 Code under Title 24 Sections Parts 1—6, 8, 9 and 11 of the CCR known and designated as the 2022 California Building Codes (“CBC”), as adopted by the State of California, based on the 2021 International Building Code published by the International Code Council and the Plumbing and Mechanical Codes written by IAPMO and the National Electrical Code and Fire Code as written by NFPA, shall become the administrative provisions of the city for regulating the construction, erection, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use and occupancy and maintenance of all buildings and/or structures in the city. Chapter 1 of the 2022 California Building Code and all other formally adopted building codes will be on file for public examination in the offices of the Building Official, as required by state law. (B) The city does formally adopt the state model building codes into local law as listed below:The city does hereby formally adopt the state model building codes into local law as listed below: (1) 2019 California Administrative Code, Title 24, Part 1;2022 California Administrative Code, Title 24, Part 1; (2) 2019 California Building Code, Title 24, Part 2 (Volumes 1 and 2);2022 California Building Code, Title 24, Part 2 (Volumes 1 and 2); (3) 2019 California Electrical Code, Title 24, Part 3 (based on 2017 NEC);2022 California Electrical Code, Title 24, Part 3 (based on 2017 NEC); (4) 2019 California Mechanical Code, Title 24, Part 4 (based on 2018 Uniform Mechanical Code);2022 California Mechanical Code, Title 24, Part 4 (based on 2018 Uniform Mechanical Code); (5) 2019 California Plumbing Code, Title 24, Part 5;2022 California Plumbing Code, Title 24, Part 5; (6) 2019 California Energy Code, Title 24, Part 6;2022 California Energy Code, Title 24, Part 6; (7) 2019 California Historical Building Code, Title 24, Part 8;2022 California Historical Building Code, Title 24, Part 8; (8) 2019 California Fire Code, Title 24, Part 9 (specific amendments to the California Fire Code are to be adopted by district for the greater County Fire District and will include office of the State Fire Marshal requested amendments);2022 California Fire Code, Title 24, Part 9 (specific amendments to the California Fire Code are to be adopted by district for the greater County Fire District and will include office of the State Fire Marshall requested amendments); (9) 2019 California Green Building Standards Code, Part 11;2022 California Green Building Standards Code, Part 11; (10) Uniform Code for the Abatement of Dangerous Buildings (“UCADB”), 1997 edition;Uniform Code for the Abatement of Dangerous Buildings (“UCADB”), 1997 edition; (11) International Residential Code, Appendix H, 2018 edition;International Residential Code, Appendix H, 2021 edition; (12) International Property Maintenance Code (“IPMC”), 2018 edition.International Property Maintenance Code (“IPMC”), 2021 edition; and (13) International Existing Building Code (“IEBC”), 2021 edition. (C) Copies of all codes listed above shall be on file in the Community and Economic Development Department office for inspection and reference and copies of each code shall be furnished to the Building Official and each deputy. These codes are also available for view on the International Code Conference website: http://www.ICCsafe.orgCopies of all codes listed above shall be on file in the Community and Economic Development Department office for inspection and reference and copies of each code shall be furnished to the Building Official and each deputy. These codes are also available for view on the International Code Conference website: http://www.ICCsafe.org Packet Page 1312 Building Codes 5 (D) All sections of the codes listed here and legally, adopted by the State Building Standards Commission or by the office of the State Fire Marshal, shall be formally adopted by the city as the California Building Code to be enforced within the city limits, as required by state law. Sections and appendices not specifically adopted by the aforementioned state offices are adopted by reference.All sections of the code listed here and legally adopted by the State Building Standards Commission or by the office of the State Fire Marshal shall be formally adopted by the city as the California Building Code to be enforced within the city limits as required by state law. Sections and appendices not specifically adopted by the aforementioned state offices are hereby adopted by reference. (Ord. MC-1433, passed 12-21-2016; Ord. MC-1521, passed 9-18-2019; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024) § 15.04.030 APPLICABILITY. (A) It shall be unlawful to erect, construct, change the occupancy, alter, repair, rehabilitate, remove, move or maintain any building or structure, or grade or alter any land, in the city in violation of, or without complying with, the appropriate provisions of this chapter. (B) The California Building Standards Code shall govern and prevail in the event of any inconsistency or conflict between the building standards within the California Building Standards Code, as adopted and amended by the city, and the building standards in any other code. (Ord. MC-1433, passed 12-21-2016; Ord. MC-1521, passed 9-18-2019) § 15.04.040 DEFINITION. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. CITY. In the above mentioned section and codes, shall be deemed to refer to and designate the City of San Bernardino, and any reference to any act or legislative enactments herein referred to shall be deemed to designate and embrace the statutes of the state, and the amendments thereof, dealing with the subject matter thereby and therein referred to. (Ord. MC-1433, passed 12-21-2016) § 15.04.050 CBC CHAPTER 1, SECTION 105.5.1 IS ADDED - PRIMA FACIE EVIDENCE OF ABANDONED WORK. Section 105.5.1, “Prima facie evidence of abandoned work:” Failure on the part of the permittee to obtain an inspection and to demonstrate substantial progress to the satisfaction of the Building Official within any 180day period shall be prima facie evidence that the work has been abandoned and the permit shall have expired.Failure on the part of the permittee to obtain an inspection and to demonstrate substantial progress to the satisfaction of the Building Official within any 180-day period shall be prima facie evidence that the work has been abandoned and the permit shall have expired. (Ord. MC-1433, passed 12-21-2016; Ord. MC-1521, passed 9-18-2019; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024) § 15.04.060 CBC CHAPTER 1, SECTION 112.1.1 IS ADDED - BOARD OF APPEALS DESIGNATED. Section 113.1.1, “Board of Appeals designated:” 1. The Board of Building Commissioners of the City of San Bernardino shall serve as the Board of Appeals. The Building Official or his designee shall be Clerk of the Board. The Board shall have such duties as are delegated to it by the California Building Code (CBC) as adopted by the City, and other duties as may be delegated by other provisions of the San Bernardino Municipal Code.The Board of Building Commissioners of the City of San Bernardino shall serve as the Board of Appeals. The Building Official or his designee shall be Clerk of the Board. The Board shall have such duties as are delegated to it by the California Building Code (CBC) Section 113 as adopted by the City, and other duties as may be delegated by other provisions of the San Bernardino Municipal Code. (Ord. MC-1433, passed 12-21-2016; Ord. MC-1521, passed 9-18-2019; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024) Packet Page 1313 San Bernardino - Buildings and Construction6 § 15.04.070 CBC CHAPTER 1, SECTION 105.2, ITEM 2 IS AMENDED - FENCES NOT REQUIRING A BUILDING PERMIT. 2. Fences not over 6 feet high, except concrete and masonry fences greater than three (3) feet above grade. Masonry fences shall be constructed in accordance with the standard design specifications approved by the Building Official, unless an alternate engineered design is submitted and approved. Exemption from the permit requirements shall not be deemed as a waiver of the design requirements contained in the San Bernardino Development Code as it relates to the use or configuration of materials, or to the height of fences in front, side or rear yards.Fences not over 6 feet high, except concrete and masonry fences greater than three (3) feet above grade. Masonry fences shall be constructed in accordance with the standard design specifications approved by the Building Official, unless an alternate engineered design is submitted and approved. Exemption from the permit requirements shall not be deemed as a waiver of the design requirements contained in the San Bernardino Development Code as it relates to the use or configuration of materials, or to the height of fences in front, side or rear yards. (Ord. MC-1433, passed 12-21-2016; Ord. MC-1521, passed 9-18-2019; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024) § 15.04.080 RESERVED. [Reserved] (Ord. MC-1433, passed 12-21-2016; Ord. MC-1521, passed 9-18-2019) § 15.04.090 CBC SECTION 2204.1.1 IS ADDED - QUALIFICATION OF WELDING OPERATORS. Section 2204.1.1, “Qualification of welding operators:” In addition to Section 2204.1, the following subsections shall govern all welding work: 1. All welding shall be done by qualified operators approved by the Building Official. The Building Official shall prescribe rules and regulations for the tests of welders, and no operator shall be approved by the Building Official unless and until he/she has first successfully completed such tests as may be given by the Department of Adult Vocational Education of the San Bernardino City Schools, or San Bernardino Valley College, or has obtained such approval because he/she holds a current welding certificate issued by an accredited testing agency based upon the requirements of the California Department of Adult-Vocational Education. A certificate shall be issued to operators by the Building Official upon successful completion of the required test or tests and/or approval as aforesaid being obtained. Requests for the certificate shall be made by the operator within thirty (30) days after completion of the test. The certificate shall be valid for two years. Subsequent certificates may be obtained by successful completion of required tests, or when the approved operator submits sufficient evidence to the Department of Adult-Vocational Education of the San Bernardino City Schools, or San Bernardino Valley College that he/she has regularly engaged in such work and that such work has been satisfactorily performed during the past year. 2. Every welder employed for welding of steel plate of No. 8 gauge thickness or less shall be qualified for light gauge welding. Every welder employed for field welding shall be qualified to weld in the flat, vertical and overhead positions. Welders, including light gauge welders who are employed for shop welding, shall be qualified in the flat, vertical and horizontal positions. 3. Structural steel welding operators shall be qualified as prescribed by the latest edition of the Structural Welding Code of the American Welding Society. 4. After a welder has passed the required tests, he/ she must be capable of performing neat and consistently good work in actual operation. Carelessness, inability to maintain a uniform arc and poor workmanship will be deemed sufficient cause for revocation of the welder’s certificate. 5. A fee of forty dollars ($ 40) will be charged by the City of San Bernardino for each original or renewed certificate, which shall be valid for two (2) years. 6. At the time application is made, a certificate may be issued without examination upon presentation of proper evidence that the welder is currently approved for the position either by the Department of Adult-Vocational Education or other acceptable proof of qualification. 7. Testing shall be done under the supervision of the San Bernardino City Schools, Department of Adult-Vocational Education of San Bernardino Valley College or other accredited testing agency. (Ord. MC-1433, passed 12-21-2016) Packet Page 1314 Building Codes 7 § 15.04.100 CBC SECTION 3109.1.1 IS ADDED - BARRIERS FOR SWIMMING POOLS. The requirements of CBC Section 3109, shall apply to single-family swimming pool barriers. Swimming pools, spas, and hot tubs for which an application for a building permit was submitted prior to July 23, 1993 shall comply with the requirements contained in Chapter 15.48 of the San Bernardino Municipal Code. (Ord. MC-1433, passed 12-21-2016) § 15.04.110 CBC APPENDIX J, SECTION J101.3 IS ADDED - ALQUIST-PRIOLO EARTHQUAKE FAULT ZONES. J101.3 Alquist-Priolo Earthquake Fault Zones. This chapter shall also include those requirements set forth in the “Alquist-Priolo Earthquake Fault Zoning Act (Division 2, Chapter 7.5, California Public Resources Code). This Act is intended to represent minimum criteria for all structures that fall within the boundaries as shown on the “Earthquake Fault Zones Maps” as prepared by the California Division of Mines and Geology. (Ord. MC-1433, passed 12-21-2016) § 15.04.120 CBC APPENDIX J, SECTION J101.4 IS ADDED - ENFORCEMENT AUTHORITY. J101.4 Enforcement Authority. The Building Official of the City of San Bernardino or his/ her designee shall have the authority for the enforcement of CBC Appendix J and any amendments thereto. (Ord. MC-1433, passed 12-21-2016; Ord. MC-1521, passed 9-18-2019) § 15.04.130 ON-SITE IMPROVEMENT PERMIT. No person shall construct any on-site improvement for motor vehicle parking or vehicle circulation, the disposal of waste through a private sewer main, the conveyance of storm waters or landscaping and irrigation systems, without first obtaining a permit from the Building Official. A permit issued by the Building Official, for the purpose of construction of the improvements, set forth herein, shall hereafter be known as an “on-site improvement permit.” (Ord. MC-1433, passed 12-21-2016) § 15.04.140 PREPARATION OF GRADING PLANS. A grading plan and a grading permit shall be required for any grading activity involving more than 50 cubic yards. All grading plans shall be prepared by a registered civil engineer. (Ord. MC-1433, passed 12-21-2016) § 15.04.150 ON-SITE IMPROVEMENT PLANS AND SPECIFICATIONS. When required by the Building Official, plans and specifications, and verification of land use entitlement, shall accompany each application for an on-site improvement permit. Plans and specifications required by the Building Official shall be prepared and signed by a registered civil engineer. Specifications may be incorporated into the plans as general notes in lieu of a separate document. Verification of land use entitlement requirements are incorporated into the Grading Policy promulgated by the Department of Community Development and Housing. (Ord. MC-1433, passed 12-21-2016; Ord. MC-1625, passed 2-21-2024) § 15.04.160 INFORMATION ON ON-SITE IMPROVEMENT PLANS. On-site improvement plans shall contain all information set forth in CBC Chapter 1, § 105.3 and shall include additional information as required by the Building Official. (Ord. MC-1433, passed 12-21-2016) Packet Page 1315 San Bernardino - Buildings and Construction8 § 15.04.170 ON-SITE IMPROVEMENT PLAN REVIEW AND PERMIT FEES. (A) When an on-site improvement plan is required to be submitted, a plan review fee shall be paid at the time of submittal of plans and specifications. Items to be reviewed shall be improvements including, but not limited to, paving, curbs, sidewalks, private sewer mains, drainage facilities, landscaping and irrigation systems. (B) Fees for each on-site improvement permit shall be paid to the city at the time of permit issuance. Said on-site plan review and permit fees shall be in an amount established by resolution of the Mayor and CommonCity Council. (Ord. MC-1433, passed 12-21-2016) § 15.04.180 INSPECTION OF ON-SITE IMPROVEMENTS. All on-site improvements for which a permit is required shall be subject to inspection by the Building Official, or his or her designee. (Ord. MC-1433, passed 12-21-2016) § 15.04.190 BONDS REQUIRED. (A) A grading permit shall not be issued unless the applicant has first posted with the Building Official a good and sufficient surety bond, cash, letter of credit (ColLC) or certificate of deposit in such an amount as the Building Official shall estimate and determine to be necessary to cover the total cost of the project, including corrective work necessary to remove and eliminate geological hazards. The Building Official shall require a written itemized estimate of the costs of the grading. The amount of the required bond, cash, instrument of credit or certificate of deposit is based on the estimate of cost and shall be given to the owner or applicant prior to the issuance of the permit. (B) When security for the grading is provided for a development on the site where the grading is to be done, the bond for the grading required shall be released upon submission of evidence by the permittee to the Building Official that the grading work is complete and signed off by the construction engineer. (C) An agreement between the Redevelopment Agency, the Inland Valley Development Agency or the San Bernardino International Airport Authority, and the city, approved by the City Attorney and unconditionally providing and guaranteeing that said Agency shall provide those grading and other improvements and pay the costs thereof required, may be filed with the Building Official as security in lieu of said bond, cash or certificate of deposit wherever said project is located in a redevelopment project area and the agreement recites that the street improvements are in compliance with the Redevelopment Plan for said area and in furtherance of the public interest in promoting public or private development. (Ord. MC-1433, passed 12-21-2016) § 15.04.200 CBC APPENDIX J, SECTION J110.1 IS ADDED - PLANTING OF SLOPES. J110.1.1 Planting of Slopes. The Building Official may waive the planting of any slope less than 5 feet in vertical height. An automatic irrigation system shall be installed for planted slopes unless recommended otherwise in the preliminary soils report or waived by the Building Official. If required by the Building Official, a recommendation for types of planting materials shall be obtained from a Landscape Architect. The Landscape Architect shall, prior to final inspection, provide the Building Official with a statement that the planting has been done in accordance with his recommendations approved by the Building Official. (Ord. MC-1433, passed 12-21-2016) § 15.04.210 CBC APPENDIX J, SECTION J112 IS ADDED - GRADING OPERATIONS. J112.1 General. All parties performing grading operations, under a grading permit issued by the Building Official, shall have verification of land use entitlement and shall take reasonable preventive measures, as directed by the Building Official and Packet Page 1316 Building Codes 9 incorporated into the Grading Policy promulgated by the Community and Economic Development Department, to avoid earth or other materials from the premises being deposited onto adjacent streets or properties, by the action of storm waters or wind, by spillage from conveyance vehicles or by other causes.J112.1 General. All parties performing grading operations, under a grading permit issued by the Building Official, shall have verification of land use entitlement and shall take reasonable preventive measures, as directed by the Building Official and incorporated into the Grading Policy promulgated by the Community Development Department, to avoid earth or other materials from the premises being deposited onto adjacent streets or properties, by the action of storm waters or wind, by spillage from conveyance vehicles or by other causes. Grading operations of 50 cubic yards or more shall be performed by qualified individuals/entities demonstrating proficiency in grading operations to the satisfaction of the Building Official or the Building officials designated representative or observed and supervised by such an individual. Typical qualified individuals would include a licensed contractor, geologist or engineer.Grading operations of 50 cubic yards or more shall be performed by qualified individuals/entities demonstrating proficiency in grading operations to the satisfaction of the Building Official or the Building officials designated representative or observed and supervised by such an individual. Typical qualified individuals would include a licensed contractor, geologist or engineer. J112.2 Removal of Materials Within 24 Hours. Earth or other materials which are deposited on adjacent streets or properties shall be completely removed by the permittee as soon as practical, but in any event within 24 hours after receipt of written notice from the Building Official, or NPDES Coordinator, or their designees, to remove the earth or materials, or within such additional time as may be allowed by written notice.J112.2 Removal of Materials Within 24 Hours. Earth or other materials which are deposited on adjacent streets or properties shall be completely removed by the permittee as soon as practical, but in any event within 24 hours after receipt of written notice from the Building Official, or NPDES Coordinator, or their designees, to remove the earth or materials, or within such additional time as may be allowed by written notice. J112.3 Noncompliance. In the event that any party performing grading shall fail to comply with the requirements of this Section, the Building Official shall have the authority to engage the services of a contractor to remove the earth or other materials. All charges incurred for the services of the contractor shall be paid to the City by the permittee prior to acceptance of the grading.J112.3 Noncompliance. In the event that any party performing grading shall fail to comply with the requirements of this Section, the Building Official shall have the authority to engage the services of a contractor to remove the earth or other materials. All charges incurred for the services of the contractor shall be paid to the City by the permittee prior to acceptance of the grading. (Ord. MC-1433, passed 12-21-2016; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024) § 15.04.220 CBC APPENDIX J, SECTION J110.3 IS ADDED - FINAL REPORTS. J110.3 Final Reports. A statement from the Landscape Architect s h a ll be submitted to the City Engineer stating that the planting and irrigation system(s) have been installed in accordance with his recommendations. (Ord. MC-1433, passed 12-21-2016) § 15.04.230 DRIVEWAY CONFIGURATIONS. (A) Driveways to residential garages of more than 30 feet in length shall extend for a minimum distance of 20 feet from the garage on a maximum grade of 5%. Driveways less than 30 feet in length shall have a maximum grade of 8% for a minimum distance of 20 feet from the garage. No portion of a driveway shall exceed a grade of 20%. (B) Driveways shall be designed so that the algebraic difference in grades will not cause a car to drag or hang up. (Ord. MC-1433, passed 12-21-2016) § 15.04.240 LOCATION OF SLOPES. Slopes shall be positioned on the downhill lot unless waived by the City Engineer. (Ord. MC-1433, passed 12-21-2016) § 15.04.250 AUTOMATIC FIRE SPRINKLER SYSTEMS - RESIDENTIAL ADDITIONS. That authority to require passive fire suppression (sprinklers) for residential additions will be determined by the acting Fire Authority based on availability of water and existing hydrants fire flow within the area of the proposed structure.The authority to require passive fire suppression (sprinklers) for residential additions will be determined by the acting Fire Authority based on availability of water and existing hydrants fire flow within the area of the proposed structure. (Ord. MC-1433, passed 12-21-2016; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024) § 15.04.260 STOP WORK ORDER. Packet Page 1317 San Bernardino - Buildings and Construction10 (A) Any person, firm or corporation who continues work on a building or structure after a stop work order has been issued by any of the employees listed in § 9.90.010(A)(2), (A)(3), (A)(4), (A)(5), (A)(6) or (A)(8) shall be guilty of a misdemeanor. (B) Each day during any part of which the activity prohibited by division (A) above continues shall be a distinct and separate offense. (Ord. MC-1433, passed 12-21-2016) Packet Page 1318 CHAPTER 15.05: PROPERTY MAINTENANCE CODE Section 15.05.010 Citation of sections 15.05.020 Section 102.3 amended 15.05.030 Section 103.1 amended 15.05.040 Section 104.3 amended 15.05.050 Section 106.4 amended 15.05.060 Section 107.1 amended 15.05.070 Section 111 amended 15.05.080 Section 112.4 amended 15.05.090 Section 201.3 amended 15.05.100 Section 302.4 amended 15.05.110 Section 302.9 amended 15.05.120 Section 304.3 amended 15.05.130 Section 304.14 amended 15.05.140 Section 304.18 amended 15.05.150 Section 307 amended 15.05.160 Section 401.3 amended 15.05.170 Section 502.5 amended 15.05.180 Section 505.1 amended 15.05.190 Section 602.2 amended 15.05.200 Section 602.3 amended 15.05.210 Section 602.4 amended 15.05.220 Section 604.2 amended 15.05.230 Section 604.3.1.1 amended 15.05.240 Section 604.3.2.1 amended 15.05.250 Section 702.1 amended 15.05.260 Section 702.2 amended 15.05.270 Section 702.3 amended 15.05.280 Section 704.1 amended 15.05.290 Section 704.2 amended 15.05.300 Vacant building board-up standards Cross-reference: Adoption of International Property Maintenance Code (“IPMC”), 2018 edition, see § 15.04.020. § 15.05.010 CITATION OF SECTIONS. This chapter shall be known as the “Property Maintenance Code,” and may be cited as such. For purposes of citation, the International Property Maintenance Code, 2018 edition published by the International Code Conference, adopted by reference and amended by the city, is renumbered by adding “15.05.” before each section.This chapter shall be known as the “Property Maintenance Code,” and may be cited as such. For purposes of citation, the International Property Maintenance Code, 2021 edition, published by the International Code Conference, adopted by reference and amended by the city, is renumbered by adding “15.05.” before each section. (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024) § 15.05.020 SECTION 102.3 AMENDED. International Property Maintenance Code, § 102.3 is amended to read as follows. 102.3 “Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Administrative Code, California Building Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, and California Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the San Bernardino Municipal Code.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.030 SECTION 103.1 AMENDED. 11 Packet Page 1319 San Bernardino - Buildings and Construction12 International Property Maintenance Code, § 103.1 is amended to read as follows. 103.1 “The Chief of Police or the Director of Community Development and Housing or their authorized representatives shall be known as the code official as referenced in the International Property Maintenance Code.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019; Ord. MC-1625, passed 2-21-2024) § 15.05.040 SECTION 104.3 AMENDED. International Property Maintenance Code, § 104.3 is amended to add the following phrase to the end of the last sentence: “including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.050 SECTION 106.4 AMENDED. International Property Maintenance Code, § 106.4 is amended to read as follows. 106.4 “Violation penalties. Any person violating any of the provisions of this title, including, but not limited to, adopted model codes, as amended in this title, shall be subject to the penalty provisions of Chapters 1.12, 9.92 and 9.93 of the San Bernardino Municipal Code.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.060 SECTION 107.1 AMENDED. International Property Maintenance Code, § 107.1 is amended to read as follows. 107.1 “Notice to Person Responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3, or in the manner provided by San Bernardino Municipal Code Section 9.92.050, to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.070 SECTION 111 AMENDED. International Property Maintenance Code, § 111 and subsections are amended to read as follows. 111 “A party aggrieved by a notice or order issued under this code may appeal in the manner set forth in Chapter 9.94 of the San Bernardino Municipal Code.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.080 SECTION 112.4 AMENDED. International Property Maintenance Code, § 112.4, “Failure to comply,” is amended to read as follows. 112.4 Failure to Comply “Any person, firm or corporation who continues work on a building or structure after a stop work order has been issued by any of the employees listed in [SBMC] 9.90.010 A(2, 3, 4, 5, 6 or 8) shall be guilty of a misdemeanor, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) for each day of the violation. Each day during any part of which the activity prohibited by subdivision 112. 1 of this section continues shall be a distinct and separate offense.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.090 SECTION 201.3 AMENDED. International Property Maintenance Code, § 201.3 is amended to read as follows. 201.3 Definitions. “Where terms are not defined in this code and are defined in the California Administrative Code, California Building Code, California Residential Code, California Green Building Standards Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, or California Electrical Code, or any code adopted by reference under Chapter 15 of the San Bernardino Municipal Code, such terms shall have the meanings ascribed to them as stated in those codes.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) Packet Page 1320 Property Maintenance Code 13 § 15.05.100 SECTION 302.4 AMENDED. International Property Maintenance Code, § 302.4, paragraph number one, is amended to read as follows. 302.4 Weeds “Weed and rubbish abatement shall be as set forth in the San Bernardino Municipal Code, Chapter 8.30, Abatement of Public Nuisances.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.110 SECTION 302.9 AMENDED. International Property Maintenance Code, § 302.9, “Defacement of property,” is deleted. (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.120 SECTION 304.3 AMENDED. International Property Maintenance Code, § 304.3 is amended to read as follows. 304.3 Premises Identification “Premises identification shall be as set forth in the San Bernardino Municipal Code sections 12.32.030 and/or 15.16.126.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.130 SECTION 304.14 AMENDED. International Property Maintenance Code, § 304.14 is deleted. (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.140 SECTION 304.18 AMENDED. International Property Maintenance Code, § 304.18 is deleted. (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.150 SECTION 307 AMENDED. International Property Maintenance Code, § 307, “Handrails and guardrails,” is amended to read as follows. 307 Handrails and Guardrails “Every exterior and interior flight of stairs shall have a handrail and guard per the requirements of the adopting code at the time the building was permitted. Handrails and guardrails shall be maintained in a safe and useful condition.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.160 SECTION 401.3 AMENDED. International Property Maintenance Code, § 401.3 is amended to read as follows. 401.3 Alternative Devices “In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the California Building Code or California Residential Code shall be permitted.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.170 SECTION 502.5 AMENDED. International Property Maintenance Code, § 502.5, “Public toilet facilities,” is amended to read as follows. 502.5 Public Toilet Facilities “Public toilet facilities shall be maintained in a safe sanitary and working condition in accordance with the California Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.180 SECTION 505.1 AMENDED. International Property Maintenance Code, § 505.1, “Plumbing Fixture Connections,” is amended to read as follows. Packet Page 1321 San Bernardino - Buildings and Construction14 505.1 Plumbing Fixture Connections “General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the California Plumbing Code.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.190 SECTION 602.2 AMENDED. International Property Maintenance Code, § 602.2, “Heating facilities,” is amended to read as follows. 602.2 Heating Facilities “Residential occupancies. Interior spaces intended for human occupancy shall be provided with permanently-installed heating facilities capable of maintaining a room temperature of 68 degrees F (20 C) in all habitable rooms.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.200 SECTION 602.3 AMENDED. International Property Maintenance Code, § 602.3, “Heat supply,” Exceptions #1 and #2 are deleted. (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.210 SECTION 602.4 AMENDED. International Property Maintenance Code, § 602.4, “Occupiable work spaces,” is deleted. (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.220 SECTION 604.2 AMENDED. International Property Maintenance Code, § 604.2, “Service,” is amended to read as follows. 604.2 “Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the California Electrical Code. Dwelling units shall be served by a three- wire, 120/ 240 volt, single phase electrical service having a rating of not less than 60 amperes.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.230 SECTION 604.3.1.1 AMENDED. International Property Maintenance Code, § 604.3.1.1, “Electrical equipment,” is amended to read as follows. 604.3.1.1 Electrical Equipment “Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, arc fault circuit interruptors, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the California Electrical Code. The exception provisions of section 604.3.1.1 of the IPMC are hereby deleted.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.240 SECTION 604.3.2.1 AMENDED. (A) International Property Maintenance Code, § 604.3.2.1, “Electrical equipment,” is amended to read as follows. 604.3.2.1 Electrical Equipment “Electrical switches, receptacles and fixtures, including furnace, waterheating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the California Building Code, or California Electrical Code.” (B) The exception provisions of § 604.3.2.1 of the IPMC are deleted. (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.250 SECTION 702.1 AMENDED. International Property Maintenance Code, § 702.1, “General,” is amended to read as follows. Packet Page 1322 Property Maintenance Code 15 702.1 General “General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the California Fire Code, California Residential Code, or the California Building Code, whichever is more restrictive.” § 15.05.260 SECTION 702.2 AMENDED. International Property Maintenance Code, § 702.2, “Aisles,” is amended to read as follows. 702.2 Aisles “Aisles. The required width of aisles in accordance with the California Fire Code, California Residential Code, California Building Code, or Civil Code 304.18, whichever is more restrictive, shall be unobstructed.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.270 SECTION 702.3 AMENDED. International Property Maintenance Code, § 702.3, “Locked doors,” is amended to read as follows. 702.3 Locked Doors “Locked Doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the California Fire Code, California Building Code, or California Residential Code, whichever is more restrictive.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.280 SECTION 704.1 AMENDED. International Property Maintenance Code, § 704.1, “General,” is amended to read as follows. 704.1 Fire Protection Systems “General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the California Fire Code.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.290 SECTION 704.2 AMENDED. International Property Maintenance Code, § 704.2, “Smoke alarms,” is amended to read as follows. 704.2 Smoke Alarms “Smoke alarms. Smoke alarms shall be installed and maintained in accordance with the California Fire Code, California Residential Code, or the California Building Code, whichever is more restrictive (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521, passed 9-18-2019) § 15.05.300 VACANT BUILDING BOARD-UP STANDARDS. (A) Vacant and abandoned buildings shall be boarded pursuant to the following guidelines, which are modeled after, in part, guidelines of the United States Department of Housing and Urban Development. (1)Board requirements. (a) All first floor windows and doors and all basement windows and doors should have plywood covering the entire opening and frame. (b) The covering should be secured with carriage bolts. (c) Any health and safety hazard caused by any protruding bolts used to secure boarding must be eliminated. (d) The use of nails is prohibited. (e) There shall be no boarding above the first floor unless entry is possible without use of a ladder, and the opening is large enough for a person to easily pass through; openings above the first floor that do not meet this test should be secured but not boarded. Packet Page 1323 San Bernardino - Buildings and Construction16 (f) If security bars are located on windows/doors, boarding is not required. (g) Openings too small for a person to pass through, particularly pet openings in doors, should be secured but not boarded. (h) To ensure that no hazards exist, remove all broken glass from the windows and surrounding interior and exterior areas. (2)Specifications for plywood boarding. (a) Exterior plywood should be of un-sanded CDX grade. (b) Plywood thickness should be one-half-inch for window openings, five-eighths-inch for door openings and three-fourths inch for sliding door and French door openings. When extra large window openings are encountered, use five-eighths-inch or three-fourths-inch, as necessary. (c) All holes should be drilled to accommodate bolts. The holes in the top of the plywood should be 12 inches down from the top and 20% of the width of the plywood cover, in from the side. (d) The holes in the bottom should be 25% of the height of the plywood, up from the bottom and the same distance in from the side as the top. (e) Carriage bolts mated with nut and two three-inch flat washers as shown in the side view. Washers to be of sufficient size to fully accept the square portion of bolt beneath head. Bolt and mating hardware may be galvanized or cadmium plated. Three-eighths-inch by 12-inch bolts should be supplied with each two-foot, eight-inch door; three-foot door; and glass sliding door cover. Three-eighths by ten-inch bolts should be supplied with the rest. (f) Two-inch by four-inch lumber should be graded and should be a minimum of 16 inches longer than the width of the plywood cover. (Note: two by fours will be drilled with one-half-inch diameter holes that line up with the holes in the plywood covers.) (g) All windows and doors, except the front door, through which access to the interior of the dwelling is made, should be secured. All window boards will be cut to fit inside the concrete block or brick opening with a maximum one-eighth-inch clearance. The plywood covering should be of one continuous piece when possible. (h) All fabricated parts and ancillary materials become property of the Department of Housing and Urban Development. (i) All coverings are to be fabricated according to the attached drawing and specifications. (3)Boarding windows. (a) Except as noted below, all window sashes, frames, glass and hardware are to be undamaged by the boarding installation. (b) All screen inserts are to be removed, marked as to location and stored in a convenient closet or in the utility room. (c) In all cases where it is possible to adjust the position of the sashes to accommodate the specifications for boarding above, the sashes are to remain in the frame. (d) In instances wherein the sashes cannot be adjusted to accommodate the boarding specifications above, the sashes are to be removed from the frames and stored in a convenient closet or in the utility room. This includes all stationary lights secured by stops. (e) In cases wherein the sash cannot be removed and/or the frame is permanently built into the house and cannot be removed (i.e., Fenestra Packet Page 1324 Property Maintenance Code 17 windows), it will be necessary to break the corner panes to accommodate the boarding and bolts. If the location of bolt holes, in the plywood, requires modification because of the muntin bar (a small bar that divides a windows glass), these locations are to be modified. In no case, in any type of window, is any sash or frame part to be damaged. (f) In all instances where items should be removed from the frame and stored, the items should be clearly marked as to the area from which it was removed. (g) All items are to be stored on edge and braced to prevent accidental tipping, sliding and the like. In no instance is any item to be stored laid flat. (h) Hinged windows are to be completely removed from the frame and stored as stated in (A)(3)(g) above. If possible, the hinge pins are to be removed and remain with the removed item. (i) Faced nailing of panels to wood frame windows is prohibited. (B) Any person violating any of the provisions of this section shall be subject to the penalty provisions of Chapters 1.12, 9.92 and 9.93. (Ord. MC-1576, passed 5-4-2022) Packet Page 1325 San Bernardino - Buildings and Construction18 Packet Page 1326 CHAPTER 15.08: LIQUEFACTION Section 15.08.010 Findings 15.08.020 Purpose 15.08.030 Scope - map 15.08.040 Liquefaction defined 15.08.050 Reports required 15.08.060 Reserved 15.08.070 Administration and enforcement 15.08.080 Compliance required prior to issuance of permits 15.08.090 Appeal § 15.08.010 FINDINGS. Local governing bodies are required to adopt policies for the protection of the community against geologic and seismic hazards, pursuant to Cal. Gov’t Code, § 65302. The primary geologic and seismic hazards that could potentially affect the city include fault rupture, ground shaking, historic high ground water and soil matrix. These hazards could cause liquefaction resulting in extensive property damage and loss of life in susceptible areas of the city. Liquefaction reports, plus mitigation measures, for new development in susceptible areas will greatly reduce the risk of damage from liquefaction induced building failures during an earthquake occurrence. (Ord. MC-676, passed 9-19-1989) § 15.08.020 PURPOSE. The purpose of this code is to reduce the potential risk of property damage and loss of life due to liquefaction induced building failures during an earthquake occurrence by requiring liquefaction reports and mitigation measures for development in areas susceptible to liquefaction within this jurisdiction. (Ord. MC-676, passed 9-19-1989) § 15.08.030 SCOPE - MAP. The map is included in the general plan indicating areas of liquefaction susceptibility. All new development projects, or structural modifications over 25% of the building area, which are located within the areas of liquefaction susceptibility as determined by the latest adopted edition of the general plan map (“map”) may be required to provide liquefaction reports and mitigation measures. The liquefaction susceptibility areas indicated on the map have a historic high ground water table within 30 feet of the surface. (Ord. MC-676, passed 9-19-1989) § 15.08.040 LIQUEFACTION DEFINED. LIQUEFACTION is defined as the transformation of a granular material from a solid state into a liquefied state as a consequence of increased pore-water pressures. Soils and clastic sediment with particle size in the medium sand to silt range, as determined by the Unified Soils Classification System, are particularly susceptible to LIQUEFACTION when they are saturated with water and shaken by an earthquake. LIQUEFACTION at or near the surface can result in foundation failure and property damage. (Ord. MC-676, passed 9-19-1989) § 15.08.050 REPORTS REQUIRED. A liquefaction report, plus mitigation measures, prepared by a Registered Civil Engineer shall be required by the Director of Community and Economic Development for new construction or structural modification of more than 25% of the building area for the buildings or structures listed below which fall 19 Packet Page 1327 San Bernardino - Buildings and Construction20 within the high liquefaction susceptibility areas as indicated on the map:A liquefaction report, plus mitigation measures, prepared by a Registered Civil Engineer shall be required by the Director of Development Services for new construction or structural modification of more than 25% of the building area for the buildings or structures listed below which fall within the high liquefaction susceptibility areas as indicated on the map: (A) Essential facilities, as defined in Section 1604.5 Risk Category, which includes Table 1604.4 “Risk Category of Buildings and Other Structures” of the California Building Code, including, but not limited to, hospitals and other emergency medical facilities, fire and police stations and government disaster operation and communication centers;Essential facilities, as defined in Section 1604.5 Risk Category, which includes Table 1604.5 “Risk Category of Buildings and Other Structures” of the California Building Code, including, but not limited to, hospitals and other emergency medical facilities, fire and police stations and government disaster operation and communication centers. (B) Buildings where the primary occupancy is for assembly use for more than 50 persons in one room;Buildings where the primary occupancy is for assembly use for more than 50 persons in one room; (C) Buildings over two stories in height;Buildings over two stories in height; (D) Buildings with the following occupancies, as listed in the California Building Code:Buildings with the following occupancies, as listed in the California Building Code: (1) Group A, (Assembly) Divisions 1, 2 and 2.1;Group A, (Assembly) Divisions 1, 2 and 2.1; (2) Group E, (Educational) Division 1;Group E, (Educational) Division 1; (3) Group H, (High Hazard) Divisions 1 and 2; andGroup H, (High Hazard) Divisions 1 and 2; and (4) Group I, (Institutional) Divisions 1 and 2.Group I, (Institutional) Divisions 1 and 2. (E) Buildings with an occupant load of more than 300, as determined by Table 1004.1.2 of the California Building Code;Buildings with an occupant load of more than 300, as determined Table 1004.1.2 of the California Building Code; (F) Underground tanks of more than 5,000 gallons, for storage of toxic, hazardous or flammable materials;Underground tanks of more than 5,000 gallons, for storage of toxic, hazardous or flammable materials; (G) Tanks with a height of more than 35 feet; andTanks with a height of more than 35 feet; and (H) Towers with a height more than 35 feet.Towers with a height of more than 35 feet. (Ord. MC-676, passed 9-19-1989; Ord. MC-1027, passed 9-9-1998; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024) § 15.08.060 RESERVED. [Reserved] (Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024) § 15.08.070 ADMINISTRATION AND ENFORCEMENT. The Director of Development Services shall promulgate written procedures, regulations, guidelines and fees pertaining to the implementation and enforcement of this chapter. Such procedures, regulations, guidelines and fees shall not become effective until they have been approved by the Mayor and CommonCity Council. (Ord. MC-676, passed 9-19-1989; Ord. MC-1027, passed 9-9-1998) § 15.08.080 COMPLIANCE REQUIRED PRIOR TO ISSUANCE OF PERMITS. Any person, business, organization or corporation Packet Page 1328 Liquefaction 21 failing to provide the required liquefaction reports and mitigation measures to the Director of Development Services in compliance with this chapter shall be denied issuance of grading and building permits. (Ord. MC-676, passed 9-19-1989; Ord. MC-1027, passed 9-9-1998) § 15.08.090 APPEAL. Any interested person aggrieved by the determination of the Director of Development Services may appeal the decision to the Mayor and CommonCity Council in accordance with the provisions of Chapter 2.64. (Ord. MC-676, passed 9-19-1989; Ord. MC-1027, passed 9-9-1998) Packet Page 1329 San Bernardino - Buildings and Construction22 Packet Page 1330 CHAPTER 15.10: FOOTHILL FIRE ZONE BUILDING STANDARDS Section 15.10.020 Purpose 15.10.030 Very high fire hazard severity zones 15.10.040 CBC Section 701A.3.2 is added - existing structures 15.10.060 Applicability 15.10.080 Applicable building standards § 15.10.020 PURPOSE. The purpose of this chapter is to promote public safety and welfare by reducing the risk of injury, death or property damage that may result from wild-land fires in the foothill areas of the city. The building standards contained in this chapter are intended to prevent the ignition of, or otherwise reduce the spread of fire on developed properties, by controlling the use of materials and methods of construction. (Ord. MC-960, passed 3-6-1996; Ord. MC-1162, passed 1-6-2004; Ord. MC-1163, passed 1-23-2004) § 15.10.030 VERY HIGH FIRE HAZARD SEVERITY ZONES. Very high fire hazard severity zones are designated in the city as recommended by the Director of the State Department of Forestry and Fire Protection within the city, as depicted on a map titled “City of San Bernardino Very High Fire Hazard Severity Zones,” dated October 29, 2008, on file at the office of the City Clerk, 300 N. D Street, San Bernardino, California. (Ord. MC-1309, passed 7-6-2009) § 15.10.040 CBC SECTION 701A.3.2 IS ADDED - EXISTING STRUCTURES. 701A.3.2 Existing Structures. For existing structures, retrofitting of an element is required when more than 60% replacement of that element occurs. An addition to an existing structure need not comply with these standards if the addition does not exceed 60% of the floor are of the existing structure and the existing structure was not required to meet these construction standards when originally constructed. Retrofitting of an entire structure is required when a combination of elements are replaced or other repairs are made equal in value to 60% or more of the replacement cost of the structure as determined by the building official. Alterations made to a structure shall not increase the degree of non-conformity in regards to these standards. (Ord. MC-1337, passed 11-15-2010; Ord. MC-1395, passed 1-6-2014) § 15.10.060 APPLICABILITY. The requirements of this chapter shall apply to those properties located in foothill fire zones A, B or C, as defined in Chapter 19.15, and those properties located in a very high fire hazard severity zone, as designated by the state. (Ord. MC-960, passed 3-6-1996; Ord. MC-1162, passed 1-6-2004; Ord. MC-1163, passed 1-23-2004; Ord. MC-1261, passed 12-4-2007; Ord. MC-1262, passed 12-18-2007) 23 Packet Page 1331 San Bernardino - Buildings and Construction24 § 15.10.080 APPLICABLE BUILDING STANDARDS. (A) The building standards contained in the California Building Code, Chapter 7A, shall apply in the foothill fire zones and in state designated very high fire hazard severity zones.The building standards contained in the California Building Code, Chapter 7A, shall apply in the foothill fire zones and in state designated very high fire hazard severity zones. (B) In addition, the following requirements shall apply as noted herein:In addition, the following requirements shall apply as noted herein. (1) Fencing shall be of approved non-combustible or ignition-resistant material. Fencing shall be of approved noncombustible or ignition-resistant material. (2) Vinyl window frame assemblies shall have the following characteristics:Vinyl window frame assemblies shall have the following characteristics: (a) Frames shall have welded corners and metal reinforcement in the interlock area;Frames shall have welded corners and metal reinforcement in the interlock area; (b) Dual-paned insulated glazed units with at least one pane of tempered glass;Dual-paned insulated glazed units with at least one pane of tempered glass; (c) Frame and sash profiles are certified in AAMA lineal certification program (verified by an AAMA product label or a certified products directory); andFrame and sash profiles are certified in AAMA Lineal Certification Program (verified by an AAMA product label or a Certified Products Directory); and (d) Certified and labeled to ANSI/AAMA/NWWDA 101/I.S.2-97 for structural requirements.Certified and labeled to ANSI/AAMA/NWWDA 101/I.S.2-97 for structural requirements. (3) Roof mounted turbine vents shall not be permitted.Roof mounted turbine vents shall not be permitted (4) All roof coverings shall be of non-wood materials with at least a Class A fire-retardant rating.. All roof coverings shall be of non-wood materials with at least a Class A fire-retardant rating. (5) Paper-faced insulation shall be prohibited in attics or ventilated spaces. (Ord. MC-960, passed 3-6-1996; Ord. MC-1162, passed 1-6-2004; Ord. MC-1163, passed 1-23-2004; Ord. MC-1261, passed 12-4-2007; Ord. MC-1262, passed 12-18-2007; Ord. MC-1337, passed 11-15-2010; Ord. MC-1395, passed 1-6-2014; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024) Packet Page 1332 Foothill Fire Zone Building Standards 25 Packet Page 1333 San Bernardino - Buildings and Construction26 Packet Page 1334 CHAPTER 15.11: BUILDING SAFETY ENHANCEMENT AREA BUILDING STANDARDS Section 15.11.020 Purpose 15.11.040 Scope/applicability 15.11.080 Building safety enhancement area building standards § 15.11.020 PURPOSE. The purpose of this chapter is to promote public safety and welfare by reducing the risk of injury, death or property damage that may result from urban conflagrations spread by high winds. The building standards contained in this chapter are intended to prevent the ignition of or otherwise reduce the spread of urban fire by controlling the use of materials and methods of construction. § 15.11.040 SCOPE/APPLICABILITY. The Building Safety Enhancement Area Building Standards shall apply to all newly constructed buildings, structures or appurtenances outside the foothill fire zones (as defined in Chapter 19.15) and located in any of the following areas: (A) Those areas of the city designated by Council resolution after a noticed public hearing as being located within a building safety enhancement area as follows: (1) Four or more abutting (as defined in Chapter 19.02 of the Development Code) parcels with at least four dwellings with each dwelling damaged over 60% by fire or other catastrophe; and (2) All dwellings and commercial structures damaged over 60% by fire or other catastrophe that are located within a block (as defined in Chapter 19.02 of the Development Code) in which 50% or more of the dwellings and commercial structures have each incurred damage over 60% by fire or other catastrophe. (B) Those new residential housing tracts comprised of four or more dwelling units for which building permit applications are submitted after the effective date of this chapter; and (C) Those new commercial structures that are 5,000 square feet or larger, for which building permit applications are submitted after the effective date of this chapter. § 15.11.080 BUILDING SAFETY ENHANCEMENT AREA BUILDING STANDARDS. (A)Exterior walls. Exterior walls shall be constructed of non-combustible materials or shall provide the equivalent to a minimum of one-hour fire resistance rated construction on the exterior side. (B)Eaves. Eaves shall be enclosed with a minimum seven-eighths-inch stucco or equivalent protection. (C)Exterior glazing. Exterior glazing shall comply with the provisions of the California Building Code and with the following additional requirements. (1) Exterior windows, window walls and glazed doors, and windows within exterior doors, shall be tempered glass, or multi-layered glass panels (dual- or triple-paned), or other assemblies approved by the Building Official. (2) Vinyl window frame assemblies shall be prohibited, except when they have the following 27 Packet Page 1335 San Bernardino - Buildings and Construction28 characteristics: (a) Frame and sash are comprised of vinyl material with welded corners; (b) Metal reinforcement in the interlock area; (c) Glazed with insulated glass or tempered; (d) Frame and sash profiles are certified in AAMA lineal certification program (verified with either an AAMA product label or certified products directory); (e) Certified and labeled to ANSI/AAMA/NWWDA 101/I.S.2-97 for structural requirements; and (f) Except when needed to meet the requirements of the California Energy Code at Title 24, Part 6 of the Cal. Code of Regulations. (D)Garage doors. Garage doors shall be constructed of non-combustible materials or fire retardant treated wood. (E)Vents. (1) All vents shall be covered with one-eighths-inch mesh corrosion-resistant metal screen or other approved material that offers equivalent protection. (2) Roof-mounted turbine vents shall not be permitted. (F)Insulation. Paper-faced insulation shall be prohibited in attics or ventilated spaces. (G)Roof covering. All roof covering shall be of non-wood materials with at least a Class A or B fire-retardant rating. The open ends of high-profile tile roofs shall be capped with non-ignitable material to prevent birds’ nests or other combustible material from accumulating. Gutters and downspouts shall be constructed of non-combustible material. (H)Fences. Where wood or vinyl fencing is used, there shall be a minimum of five feet separation between the wood or vinyl fencing and the wall of the nearest structure, except on those properties where previous construction occurred pursuant to a previous code. Fencing within the five feet separation area shall be of non-combustible material or one-hour fire-resistance-rated construction. (Ord. MC-1162, passed 1-6-2004; Ord. MC-1163, passed 1-23-2004) Packet Page 1336 Building Safety Enhancement Area Building Standards 29 Packet Page 1337 San Bernardino - Buildings and Construction30 Packet Page 1338 CHAPTER 15.12: EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS Section 15.12.010 Reserved 15.12.020 Reserved 15.12.030 Reserved 15.12.040 Reserved 15.12.050 Reserved 15.12.060 Reserved 15.12.070 Reserved 15.12.080 Reserved 15.12.090 Reserved 15.12.100 Reserved 15.12.110 Reserved 15.12.120 Reserved 15.12.130 Reserved 15.12.140 Reserved 15.12.200 Sign posting 15.12.300 Vacant unreinforced masonry buildings § 15.12.010 RESERVED. [Reserved] (Repealed by Ord. MC-1261, passed 12-4-2007 and Ord. MC-1262, passed 12-18-2007) § 15.12.020 RESERVED. [Reserved] (Repealed by Ord. MC-1053, passed 8-4-1999) § 15.12.030 RESERVED. [Reserved] (Repealed by Ord. MC-1053, passed 8-4-1999) § 15.12.040 RESERVED. [Reserved] (Repealed by Ord. MC-1053, passed 8-4-1999) § 15.12.050 RESERVED. [Reserved] (Repealed by Ord. MC-873, passed 5-26-1993) § 15.12.060 RESERVED. [Reserved] (Repealed by Ord. MC-873, passed 5-26-1993) § 15.12.070 RESERVED. [Reserved] (Repealed by Ord. MC-873, passed 5-26-1993) § 15.12.080 RESERVED. [Reserved] (Repealed by Ord. MC-873, passed 5-26-1993) § 15.12.090 RESERVED. [Reserved] (Repealed by Ord. MC-873, passed 5-26-1993) § 15.12.100 RESERVED. [Reserved] (Repealed by Ord. MC-1053, passed 8-4-1999) 31 Packet Page 1339 San Bernardino - Buildings and Construction32 § 15.12.110 RESERVED. [Reserved] (Repealed by Ord. MC-1053, passed 8-4-1999) § 15.12.120 RESERVED. [Reserved] (Repealed by Ord. MC-1053, passed 8-4-1999) § 15.12.130 RESERVED. [Reserved] (Repealed by Ord. MC-1053, passed 8-4-1999) § 15.12.140 RESERVED. [Reserved] (Repealed by Ord. MC-1053, passed 8-4-1999) § 15.12.200 SIGN POSTING. (A) Any building owner who has received actual or constructive notice from the Building Official that a building located in the city is constructed of unreinforced masonry shall post, in a conspicuous place at the entrance of said building, on a sign not less than five inches by seven inches, the following statement, pursuant to Cal. Gov’t Code, § 8875.8, printed in not less than 30-point bold type: This is an unreinforced masonry building. Unreinforced masonry buildings may be unsafe in the event of a major earthquake. (B) Pursuant to Cal. Gov’t Code, § 8875.9, this section shall not apply to unreinforced masonry construction if the walls are non-load bearing with steel or concrete frame. (C) Section 15.74.010 shall not apply to any violation of this section. (D) (1) If the owner of a building is not in compliance with the posting requirements of division (A) above on or after December 31, 2004, and the owner has received actual or constructive notice from the Building Official that their building is of unreinforced masonry construction and has not been retrofitted to the standards identified in § 15.12.010, the owner shall post and maintain, in a conspicuous place at the entrance of the building, a sign not less than eight inches by ten inches with the following statement, with the first two words printed in 50-point bold type and the remaining words in at least 30-point type: “Earthquake Warning. This is an unreinforced masonry building. You may not be safe inside or near unreinforced masonry buildings during an earthquake.” (2) The posting shall be visible from the exterior entrance of the building. (3) An owner who is subject to this section and who does not comply with the posting requirements shall be subject to an administrative citation pursuant to Chapter 9.92 and subject to an administrative fine of $250 no sooner than 15 days after notification by the Building Official that the owner is subject to the administrative fine. (4)Thereafter, if the owner does not comply with and maintain compliance with the posting requirements, within 30 days of the first administrative fine, the owner shall be subject to an additional administrative citation and an additional administrative fine of $1,000. (Ord. MC-1053, passed 8-4-1999; Ord. MC-1215, passed 2-22-2006) § 15.12.300 VACANT UNREINFORCED MASONRY BUILDINGS. (A) Any unreinforced masonry building that has been continuously vacant or abandoned for a period of one year or more shall be strengthened to comply with the standards identified in § 15.12.010 prior to re-occupancy. A vacancy, as determined by the Building Official, has occurred when there is no lawful occupancy or business activity within the structure for Packet Page 1340 Earthquake Hazard Reduction in Existing Buildings 33 one year. The lack of business registration records, business receipts, utility and other records for a given period may be used to determine if a vacancy has occurred. (B) Any unreinforced masonry building that has been continuously vacant or abandoned for a period of three years or more shall be considered a public nuisance and shall be subject to abatement as a public nuisance in accordance with Chapter 8.30. Once deemed to be a public nuisance, the building shall be strengthened in accordance with the standards identified in § 15.12.010, or demolished, or the hazards associated with the building shall be otherwise mitigated to the satisfaction of the Building Official. (Ord. MC-1215, passed 2-22-2006) Packet Page 1341 San Bernardino - Buildings and Construction34 Packet Page 1342 CHAPTER 15.16: UNIFORM FIRE CODE (Repealed by Ord. MC-1422, passed 5-16-2016) Editor’s note: On July 1, 2016 the city annexed into the County Fire Protection District. The County Fire Code, and other ordinances, were ratified by the Mayor and CommonCity Council pursuant to Ord. MC-1422. 35 Packet Page 1343 San Bernardino - Buildings and Construction36 Packet Page 1344 CHAPTER 15.20: CERTIFICATE OF OCCUPANCY Section 15.20.010 Purpose 15.20.020 Definitions 15.20.030 Certificate of occupancy required 15.20.040 Conditions requiring application 15.20.050 Application process 15.20.070 Temporary certificate of occupancy 15.20.080 Revocation of certificate of occupancy 15.20.090 Hearings 15.20.100 Connection/disconnection of utilities 15.20.110 Violation § 15.20.010 PURPOSE. The purpose of this chapter is to protect the public from unsafe and substandard buildings, to prevent the deterioration of buildings and to prevent future blight and decline of property values through a program of required inspection and certification. (Ord. MC-670, passed 7-19-1989; Ord. MC-671, passed 7-26-1989) § 15.20.020 DEFINITIONS. Except as otherwise defined in this chapter, all terms used in this chapter, which are defined by applicable state law, the Uniform Code or this code, are used in this chapter as so defined, unless from the context it clearly appears that a different meaning is intended. OCCUPANCY. The purpose for which a building, structure or property is used or intended to be used. OCCUPANT. Any person who occupies a unit, building, structure or property, whether as an owner, or tenant or permittee of the owner. OWNER. Any person having a legal or equitable interest in the property. PERSON. An individual, partnership, corporation, association or organization, or the agent of any of the foregoing. (Ord. MC-670, passed 7-19-1989; Ord. MC-671, passed 7-26-1989; Ord. MC-1027, passed 9-9-1998; Ord. MC-1372, passed 4-17-2012) § 15.20.030 CERTIFICATE OF OCCUPANCY REQUIRED. (A)Buildings and structures. No relocated, or hereafter erected structure shall be occupied, or no change in occupancy shall be inaugurated until a certificate of occupancy has been issued by the Department of Community Development and Housing. (B)Valid certificate. A certificate of occupancy or temporary certificate of occupancy shall not be deemed to be valid if it has expired, been denied, withheld, revoked, failed to pass a fire inspection or a new certificate of occupancy was required but had not been obtained. (C)Posting certificate. The owner of the business, building or structure shall display this certificate in a conspicuous place. In addition, the owner of a building or structure shall provide a copy of the certificate to all lessees, renters and purchasers of the property. (Ord. MC-670, passed 7-19-1989; Ord. MC-671, passed 7-26-1989; Ord. MC-781, passed 4-22-1991; Ord. MC-782, passed 5-3-1991; Ord. MC-1027, passed 9-9-1998; Ord. MC-1373, passed 5-24-2012; 37 Packet Page 1345 San Bernardino - Buildings and Construction38 Ord. MC-1625, passed 2-21-2024) § 15.20.040 CONDITIONS REQUIRING APPLICATION. A new certificate of occupancy shall be required whenever: (A) A new building is constructed; (B) A change in use affecting a building’s existing zoning approval or conformity, or a change in the nature of use of a building which would place it in a different occupancy classification, or division thereof; (C) A building or structure has been vacant for more than 180 days; (D) Whenever a building is ordered to be vacated by the Building Official due to substandard or dangerous conditions; and (E) Undeveloped or vacant property is to be used or occupied. (Ord. MC-670, passed 7-19-1989; Ord. MC-671, passed 7-26-1989; Ord. MC-781, passed 4-22-1991; Ord. MC-782, passed 5-3-1991; Ord. MC-880, passed 6-23-1993; Ord. MC-1373, passed 5-24-2012) § 15.20.050 APPLICATION PROCESS. (A) The owner shall file a written application accompanied by payment of a fee with the Department of Community Development and Housing prior to use or occupancy of the premises or 30 days prior to expiration of an existing certificate of occupancy or temporary certificate of occupancy. The Building Official shall cause an inspection to be made of the premises within ten working days for compliance with city codes. If the premises are in compliance with said codes, the Building Official shall issue a certificate of occupancy. (B) When an inspection discloses that the premises are not in compliance with the codes, the Building Official shall give written notice of each deficiency to the owner. No certificate of occupancy shall be issued to the owner until all deficiencies are corrected. If the owner fails to correct all said deficiencies within 60 days after the original application was filed, the application shall expire and a new application, plus fees, will be required. (C) The owner shall be responsible for making the premises available for inspection by the city. (Ord. MC-670, passed 7-19-1989; Ord. MC-671, passed 7-26-1989; Ord. MC-741, passed 9-17-1990; Ord. MC-1027, passed 9-9-1998; Ord. MC-1373, passed 5-24-2012; Ord. MC-1625, passed 2-21-2024) § 15.20.070 TEMPORARY CERTIFICATE OF OCCUPANCY. (A) If the Building Official finds that no substantial hazard will result from use or occupancy of any building or portion thereof, any structure or any vacant property, and upon a showing of good cause by the owner, the Building Official may issue a temporary certificate of occupancy for up to 180 days. (B) When a temporary certificate of occupancy is issued for more than 30 days, the Building Official shall require a cash bond payable to the city in an amount equal to the cost of doing the required work as determined by the Building Official. (Ord. MC-670, passed 7-19-1989; Ord. MC-671, passed 7-26-1989; Ord. MC-1373, passed 5-24-2012) § 15.20.080 REVOCATION OF CERTIFICATE OF OCCUPANCY. The Building Official, in writing, may deny or revoke a certificate of occupancy when it is determined that the building, structure or property is in violation of the codes, or when the certificate was issued in error or on false information supplied by the applicant. The certificate of occupancy is automatically revoked when there is a change of use or occupancy classification, when the building or structure has been vacant for more than 180 days or when a building is ordered vacated by the Building Official due to substandard or dangerous conditions. (Ord. MC-670, passed 7-19-1989; Ord. MC-671, Packet Page 1346 Certificate of Occupancy 39 passed 7-26-1989; Ord. MC-880, passed 6-23-1993; Ord. MC-1373, passed 5-24-2012) § 15.20.090 HEARINGS. Any person aggrieved by the revocation of any certificate of occupancy by the Building Official may appeal that decision in the manner set forth in Chapter 9.94, as such revocation is an administrative enforcement action. Any person aggrieved by the denial of a certificate of occupancy may appeal that decision in the manner set forth in Chapter 2.45, as such denial is an order, decision or determination of the Building Official relating to the building standards of the California Building Standards Code. (Ord. MC-670, passed 7-19-1989; Ord. MC-671, passed 7-26-1989; Ord. MC-1373, passed 5-24-2012; Ord. MC-1521, passed 9-18-2019) § 15.20.100 CONNECTION/DISCONNECTION OF UTILITIES. (A) Buildings, structures or property shall be issued a certificate of occupancy or a temporary certificate of occupancy prior to connection of public utilities. The Building Official may approve the connection of utilities prior to the issuance of a certificate of occupancy when requested, in writing, by the applicant for good cause shown, and when he or she finds that no unsafe conditions exist or will be created by such connection. (B) The Building Official may disconnect or order discontinuance of any utility service to any buildings, structures or premises lacking a valid certificate of occupancy or a valid temporary certificate of occupancy pursuant to the state codes. (Ord. MC-670, passed 7-19-1989; Ord. MC-671, passed 7-26-1989; Ord. MC-880, passed 6-23-1993; Ord. MC-1373, passed 5-24-2012) § 15.20.110 VIOLATION. Any person who violates or causes the violation of any provision of this chapter shall be deemed guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. MC-670, passed 7-19-1989; Ord. MC-671, passed 7-26-1989; Ord. MC-1373, passed 5-24-2012) Packet Page 1347 San Bernardino - Buildings and Construction40 Packet Page 1348 CHAPTER 15.24: PROPERTY MAINTENANCE REQUIREMENTS Section 15.24.010 Findings 15.24.020 Purpose 15.24.030 Definitions 15.24.040 Maintenance requirements for single-family residences, multi-residential, commercial and industrial property 15.24.050 Enforcement - penalty 15.24.060 Severability § 15.24.010 FINDINGS. (A)The citizens of the city have become increasingly concerned with the unsightliness, the deterioration and the degradation of certain properties, whether residential, commercial or any other zoning designation in their neighborhoods and have sought the help of city government in their effort to preserve their neighborhoods. (B)Local governments have the authority to establish minimum requirements for property maintenance to protect the health, safety and appearance of neighborhoods. Enforcement of these minimum maintenance requirements can reduce and eliminate blight and deterioration of neighborhoods, protecting both property values and neighborhood integrity. (C)The Mayor and CommonCity Council find that the deterioration of neighborhoods by the failure to maintain properties to minimum standards results in an adverse effect on the health, safety and welfare of the citizens of this city. (Ord. MC-679, passed 9-19-1989; Ord. MC-1292, passed 2-3-2009) § 15.24.020 PURPOSE. The purpose of this chapter is to establish and enforce minimum maintenance standards for all property within the city in order to protect and preserve neighborhood integrity. (Ord. MC-679, passed 9-19-1989; Ord. MC-1292, passed 2-3-2009) § 15.24.030 DEFINITIONS. For the purpose of this chapter, unless otherwise apparent from context, certain words and phrases used in this chapter shall have the meanings hereinafter designated. The definitions in this chapter are included for reference purposes only and are not intended to narrow the scope of definitions set forth in applicable laws or regulations. All terms used in this chapter, which are not defined in this section, but are defined by applicable laws, shall have the same meaning as the definition in the applicable law, unless from context it clearly appears that a different meaning is intended. APPLICABLE LAWS. Any applicable state or federal law, any uniform or state codes adopted by the municipal code, including, but not limited to, the California Building Code, Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings and California Fire Code. GRAFFITI. Any inscription, word, figure, mark or design that is written, marked, etched, scratched, drawn or painted on real property, buildings, structures (permanent or temporary) or other fixtures thereon, or on any personal property placed on such real property, including vehicles. INOPERABLE or ABANDONED VEHICLE. Any vehicle, operative or inoperative, that is: 41 Packet Page 1349 San Bernardino - Buildings and Construction42 (1) Mechanically incapable of being driven; (2) Prohibited from being operated on a public street or highway, pursuant to the provisions of the California Vehicle Code, concerning license plates, registration, equipment, safety and related matters; (3) Has been left by the owner or responsible person for over 72 hours and has indicia of being inoperable, including, but not limited to, flat or deflated tires, cobwebs and accumulated dirt, trash or debris in and on the vehicle; or (4) Wrecked and/or dismantled. OWNER. Any person having a legal or equitable interest in the property. PERSON. An individual, partnership, corporation, association or organization, or the agent of any of the foregoing. PROPERTY. Any real property zoned for any of the uses set forth in the Development Code and includes sidewalks and parkways adjacent to the property. RECREATIONAL VEHICLE. (1) Means any vehicles towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for recreational or sporting purposes or exclusively for hauling personal property. (2) The term RECREATIONAL VEHICLE includes, but is not limited to, motor homes, fifth-wheels, campers, camp trailers, trailers, boats, water craft and all terrain vehicles. VISIBLE. Viewable from the public right-of-way, from property open to the general public, common areas on a property or viewable from another property in proximity to the property in question. (Ord. MC-679, passed 9-19-1989; Ord. MC-1187, passed 10-5-2004; Ord. MC-1292, passed 2-3-2009) § 15.24.040 MAINTENANCE REQUIREMENTS FOR SINGLE-FAMILY RESIDENCES, MULTI-RESIDENTIAL, COMMERCIAL AND INDUSTRIAL PROPERTY. Any person owning, renting, occupying, managing or otherwise having charge of any single-family residence, multi-residential, commercial and industrial property shall maintain the property in accordance with the following minimum standards. Failure to comply with these minimum standards shall constitute a violation of this code. (A)Exterior requirements. (1)Lack of landscaping. All required setbacks abutting a public right-of-way and front and visible side yards shall be landscaped (except for improved surfaces, including, but not limited to, walks and driveways) with trees, shrubs, ground cover, decorative rock, redwood bark and/or grass. (2)Unmaintained landscaping. Trees, shrubs, lawns and other planted vegetation shall be maintained, including regular irrigation, pruning of trees, trimming of shrubs and cutting of lawns. (3)Weeds, dry brush and overgrown vegetation. Property shall be free of overgrown or dead vegetation, including, but not limited to, weeds, trees or limbs, bushes and other planted vegetation. Weeds include sage brush, dry grass, chaparral and any other brush or vegetation which attains extensive growth and becomes a fire menace when dry. (4)Trash, debris and improper storage. Property shall be free of trash, litter, debris, packing boxes, lumber, junk, salvage materials (except where otherwise permitted by this code), broken or inoperative furniture, appliances, machinery, equipment, any furniture (except for furniture specifically designed for outdoor use), including, but not limited to, furniture on porches, balconies, sun decks and in front yards, and any other improperly stored personal property causing an unsightly appearance. (5)Vehicle and recreational vehicle storage. All operable vehicles and recreational Packet Page 1350 Property Maintenance Requirements 43 vehicles shall be parked or stored in designated, screened areas, a garage, carport or on an improved surface. None of the above shall be occupied. (6)Inoperable and abandoned vehicles. Property shall be free of inoperable or abandoned vehicles and parts of vehicles unless they are safely stored in a garage or other enclosed storage area. This section shall not apply to a vehicle, or part thereof, which is stored or parked in a lawful manner on private property in connection with the lawfully authorized and permitted business of a licensed dismantler, licensed vehicle dealer or a licensed junkyard; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined by applicable laws. (7)Condition of structures. All improvements on the property, including, but not limited to, buildings, garages, carports, porches, gates, fences, doors, windows, roofs, gutters, signs, permanent or temporary structures, stairs, handrails, retaining walls and trash enclosures shall be painted/preserved and maintained in good repair and condition. Paint or preservatives shall not be worn, peeling or cracking. (8)Improved surfaces. Walkways on private property, driveways, parking areas and all improved surfaces shall be maintained in good repair and safe condition. Parking lot striping and handicap markings shall be maintained in good condition. (9)Graffiti. Buildings, structures, sidewalks, driveways, other improved surfaces and any other personal property placed on real property, including vehicles, shall be free of graffiti. (10)Rodent and vermin control. Property shall be free from infestation of termites, insects, vermin or rodents. (11)Sewage. Improved property shall be properly connected to a sewage disposal system or a sanitary sewer and free from sewage seepage. (12)Pools and spas. Pools and spas shall be securely fenced and adequately maintained in accordance with the Development Code and other applicable laws. (13)Construction. All buildings or structures in a state of partial construction, repair or rehabilitation shall have an active/valid permit and shall be completed during the term of an active/valid building permit or other time frame ordered by the city. The owner or responsible person shall be progressing diligently to complete the repair, construction or rehabilitation of the building or structure. (14)Fencing. All fencing shall be constructed in compliance with the Development Code and other applicable laws with acceptable fencing materials such as wood, vinyl, masonry or wrought iron. (B)Interior requirements. The interiors of all buildings and structures on the property, both existing and new, and all parts thereof, shall be maintained in good repair and safe, sanitary conditions in conformance with the building code under which it was built or remodeled and any retroactive codes. (Ord. MC-679, passed 9-19-1989; Ord. MC-1292, passed 2-3-2009) § 15.24.050 ENFORCEMENT - PENALTY. (A) Any person who violates or causes violation of any provision of this chapter shall be deemed guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (B) Nothing in this chapter shall be deemed to prevent the City Attorney from commencing a civil action to abate a nuisance in addition to, alternatively to or in conjunction with the proceedings set forth in this chapter; nor shall anything in this chapter be deemed to prevent the city from commencing a criminal action with respect to the nuisance in addition to, alternatively to or in conjunction with the proceedings set forth in this chapter, or other ordinance, statute or state law. (C) Payment of any fine or service of jail sentence herein provided shall not relieve a person, Packet Page 1351 San Bernardino - Buildings and Construction44 firm, partnership, corporation or other entity from the responsibility of correcting the condition resulting from the violation. In addition to the above penalties, the court may order that the guilty party reimburse the city for all costs of investigating, analyzing and prosecuting the enforcement action against the guilty party. The court shall fix the amount of any such reimbursement upon submission of proof of such costs by the city. (Ord. MC-679, passed 9-19-1989; Ord. MC-1029, passed 9-22-1998; Ord. MC-1292, passed 2-3-2009) § 15.24.060 SEVERABILITY. The provisions of this chapter are severable, and if any sentence, section or other part of this chapter should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect. (Ord. MC-679, passed 9-19-1989; Ord. MC-1292, passed 2-3-2009) Packet Page 1352 CHAPTER 15.25: MULTI-FAMILY RENTAL HOUSING FIRE INSPECTION PROGRAM Section 15.25.010 Purpose 15.25.020 Definitions 15.25.030 Scope 15.25.040 Annual inspection required 15.25.050 Administrative citations 15.25.080 Enforcement - public nuisance 15.25.090 Enforcement - alternatives § 15.25.010 PURPOSE. The multi-family rental housing fire inspection program is a part of the city’s overall effort to encourage upkeep of multi-family rental housing units. Owners of these types of structures will be required to maintain these units in accordance with applicable housing, building and property maintenance standards as adopted by the city. Recent fires in the city have resulted in property damage, personal injuries and loss of life in multi-family rental housing units. Cal. Health and Safety Code, § 13146.2(a) requires city fire departments to inspect multi-family rental housing units annually. (Ord. MC-930, passed 1-11-1995; Ord. MC-1176, passed 7-22-2004) § 15.25.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CITY. The City of San Bernardino. FIRE MARSHAL. The division head of the San Bernardino City Fire Department Fire Prevention Division, or his or her designee. MULTI-FAMILY RENTAL HOUSING COMPLEX. A multi-unit residential structure consisting of four or more units existing on one parcel of land. MULTI-FAMILY RENTAL HOUSING UNIT or UNIT. Any residential dwelling unit, as defined in Chapter 19.02 of the Development Code, in a single structure, or in a group of attached or detached structures containing two or more such dwelling units on the same parcel of land, and is occupied or intended to be occupied on a rental basis. For the purpose of this chapter, the following types of dwelling units or facilities are not considered MULTI-FAMILY RENTAL HOUSING UNITS: (1) Hotels or motels; (2) Accommodations in any hospital, extended care facility, residential care facility, convalescent home, non-profit home for the aged or dormitory that is owned and operated by an education institution; and (3) Mobile home parks. OCCUPANT. Any person who occupies a unit, whether as an owner or tenant or permittee of the owner. OWNER. A single individual or entity that has any kind of ownership interest, whether as an individual, partner, joint venturer, stock owner or some other capacity. PERSON. The individual, partnership, 45 Packet Page 1353 San Bernardino - Buildings and Construction46 corporation or association or the rental agent of any of the foregoing. (Ord. MC-930, passed 1-11-1995; Ord. MC-1027, passed 9-9-1998; Ord. MC-1176, passed 7-22-2004) § 15.25.030 SCOPE. The provisions of this chapter shall apply to all multi-family rental housing complexes containing four or more units on a single parcel. (Ord. MC-930, passed 1-11-1995; Ord. MC-1176, passed 7-22-2004) § 15.25.040 ANNUAL INSPECTION REQUIRED. (A) Pursuant to Cal. Health and Safety Code, § 13146.2, any multi-family rental housing complex, containing four or more units on a single parcel, shall be subject to an annual inspection of the interior and exterior by the Fire Marshal for compliance with applicable sections of state and local fire codes relating to housing, building and property maintenance. (B) The Fire Marshal shall mail written notice to the owner(s) of the multi-family rental housing complex at least three weeks before the scheduled annual inspection. The owner(s) of the multi-family rental housing complex shall give written notice to all tenants at least one week before the scheduled annual inspection. (C) The owner(s) of the multi-family rental housing complex shall pay a fee to the city, in an amount set by resolution of the CommonCity Council, sufficient to pay the costs of the Fire Marshal’s annual inspection pursuant to this chapter. (D) Any owner(s) of a multi-family rental housing complex who fails to permit the annual inspection by the Fire Marshal, pursuant to this chapter, shall be guilty of an infraction or misdemeanor punishable in accordance with Chapter 1.12. (E) Any owner(s) of a multi-family rental housing complex who fails to pay the fee charged for the costs of the Fire Marshal’s annual inspection, pursuant to this chapter, shall be guilty of an infraction punishable in accordance with Chapter 1.12. (Ord. MC-1176, passed 7-22-2004) § 15.25.050 ADMINISTRATIVE CITATIONS. Where the Fire Marshal’s annual inspection, pursuant to this chapter, identifies a violation(s) of state or local Fire Codes, relating to housing, building or property maintenance, the Fire Marshal may issue an administrative citation to the property owner(s) in accordance with Chapter 9.92. (Ord. MC-1176, passed 7-22-2004) § 15.25.080 ENFORCEMENT - PUBLIC NUISANCE. (A) It shall be considered a public nuisance to have or maintain any rental property which fails to comply with state and local laws as they relate to Fire Codes, housing standards, property maintenance, Building Codes or local zoning requirements. (B) The Fire Marshal shall have the power to require correction of violations identified through the annual inspection by using the procedure set forth in the California Fire Code, Article 1Title 24, Part 9, Part 1 (Chapters 1 and 2) and Chapter 8.30 of the municipal code. (Ord. MC-930, passed 1-11-1995; Ord. MC-1176, passed 7-22-2004) § 15.25.090 ENFORCEMENT - ALTERNATIVES. (A) Nothing herein shall prevent the enforcement of this chapter by criminal, civil or administrative actions either undertaken individually or in conjunction with other remedies. (B) The enforcement of this chapter by a criminal, civil or administrative action shall not relieve the property owner of his or her obligations under this chapter. (Ord. MC-930, passed 1-11-1995; Ord. MC-1176, passed 7-22-2004) Packet Page 1354 Multi-Family Rental Housing Fire Inspection Program 47 Packet Page 1355 San Bernardino - Buildings and Construction48 Packet Page 1356 CHAPTER 15.26: SINGLE-FAMILY RENTAL PROPERTY INSPECTION PROGRAM Section 15.26.010 Purpose 15.26.020 Applicability 15.26.030 Rebuttable presumption 15.26.040 Definitions 15.26.050 Compliance with business registration requirements 15.26.060 Biennial inspection required 15.26.070 Inspection fees 15.26.080 Notice of inspection 15.26.090 Violations 15.26.100 Re-inspections 15.26.110 Administrative citations 15.26.120 Appeals 15.26.130 Self-certification program 15.26.140 Complaint-based inspections 15.26.150 Voluntary inspection requests 15.26.160 Enforcement - public nuisance 15.26.170 Enforcement - alternatives 15.26.180 Penalties § 15.26.010 PURPOSE. The single-family rental property inspection program is a part of the city’s overall effort to encourage upkeep of all rental property, as defined herein. Owners of any rental property will be required to maintain these units in accordance with all applicable laws. § 15.26.020 APPLICABILITY. (A) The provisions of this chapter shall apply to all single-family rental property, as that term is defined herein, within the city. This chapter also applies to the premises on which a rental property is located, including, but not limited to, parking lots, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs and spas. (B) The provisions of this chapter are supplementary and complementary to other provisions of this code and applicable laws. Nothing in this chapter may be construed to limit any existing right of the city to abate nuisances or to enforce any provisions of applicable law, statute or this code, including provisions of uniform codes adopted by reference in this code. § 15.26.030 REBUTTABLE PRESUMPTION. [Reserved] (Repealed by Ord. MC-1371, passed 3-20-2012) § 15.26.040 DEFINITIONS. For the purpose of this chapter, unless otherwise apparent from their context, certain words and phrases used in this chapter shall have the meanings hereinafter designated. The definitions in this chapter are included for reference purposes only and are not intended to narrow the scope of definitions set forth in federal or state laws or regulations. Words used in this chapter in the singular may include the plural and the plural may include the singular. Use of the masculine shall also mean feminine and neuter. APPLICABLE LAWS. The City’s Municipal Code, the California Fire Code, the California Building Code, the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Building and any other laws or regulations relating to the health or safety of city residents or the general public. CITY. The City of San Bernardino. DIRECTOR. The Director of Community Development and Housing of the City of San 49 Packet Page 1357 San Bernardino - Buildings and Construction50 Bernardino, or his or her designee. OCCUPANT. Any person who occupies a rental property, whether as a tenant or permittee of the owner. OWNER or PROPERTY OWNER. A single individual, partnership or joint venture or any entity that has any kind of ownership interest in a rental property, whether as an individual, partner, joint venture, stock owner or ownership interest in some other capacity or the owner’s designee. If more than one person or an entity owns the subject real property, OWNER or PROPERTY OWNER refers to each person or entity holding any kind of ownership interest in the property, and the property owners’ obligations in this chapter are joint and several as to each property owner. SINGLE-FAMILY RENTAL PROPERTY, RENTAL PROPERTY or RENTAL UNIT. A dwelling unit, as defined in Chapter 19.02 of the San Bernardino Development Code, in a single structure, or in a group of attached or detached structures containing three or less such dwelling units on the same parcel of land, and is occupied or for occupancy by a person(s) other than the owner of the unit and includes the premises on which said rental property is situated and any common areas, including, but not limited to, parking lots, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs and spas. For the purpose of this chapter, the following types of dwelling units or facilities are not considered SINGLE-FAMILY RENTAL HOUSING UNITS: (1) Multi-family rental housing complexes, as defined in Chapter 15.25; (2) Hotels or motels; (3) Condominiums, as defined in Chapter 19.02 of the Development Code, that are used for residential dwellings. This exception only applies if the condominium has a bona fide home owner’s association (“HOA”). For purposes of this exemption, an HOA is “bona fide” if the HOA has approved and recorded covenants, conditions and restrictions (“CC&Rs”); holds meetings on a regular (at least bi-monthly) basis; and/or contracts with a property management company to ensure the maintenance of the common areas; (4) Accommodations in any hospital, extended care facility, residential care facility, convalescent home, non-profit home for the aged or dormitory that is owned and operated by an education institution; and (5) Mobile home parks. (Ord. MC-1371, passed 3-20-2012; Ord. MC-1625, passed 2-21-2024) § 15.26.050 COMPLIANCE WITH BUSINESS REGISTRATION REQUIREMENTS. Every property owner subject to this chapter must comply with the business registration requirements of Title 5. (Ord. MC-1371, passed 3-20-2012) § 15.26.060 BIENNIAL INSPECTION REQUIRED. All rental property located in the city shall be subject to an annual inspection by the Director for compliance with applicable laws. § 15.26.070 INSPECTION FEES. (A) Any fees established by this chapter shall be set by separate resolution of the CommonCity Council and may be adjusted, from time to time, by the CommonCity Council to ensure that the fee adequately finances the costs of inspections and enforcement of this chapter. (B) The owner of a rental property shall pay an annual inspection fee to the city sufficient to pay the costs of the Director’s annual inspection pursuant to this chapter. (C) Owners qualified for the self-certification program shall pay the annual inspection fee the first year of participation and thereafter shall not be Packet Page 1358 Single-Family Rental Property Inspection Program 51 required to pay the annual inspection fee for the second and third year of participation in the program. If an owner is removed from the self-certification program, he or she shall become subject to annual inspections and annual inspection fees. § 15.26.080 NOTICE OF INSPECTION. The Director shall mail written notice of the date and time of the inspection to the owner of the rental property at least three weeks before the scheduled annual inspection. Such notice shall provide the address and phone number where additional information concerning the inspection may be obtained. Notice to the owner shall be mailed by certified mail to the owner’s last known address as it appears in the records of the County Assessor’s office. § 15.26.090 VIOLATIONS. (A) Whenever the Director determines that a violation of this chapter exists, the Director shall give notice of violation and an order to correct to the property owner. The notice shall be in writing and shall describe with reasonable detail the violation(s) so that the property owner has the opportunity to correct said violation. (B) Any person who fails to comply with any provisions of this chapter after receiving written notice of the violations(s) and being given a reasonable opportunity to correct such violations(s) shall be deemed to be in violation of this chapter. (C) Any owner of a rental property, who fails to permit the annual inspection by the Director pursuant to this chapter, shall be in violation of this chapter. (D) Any owner of a rental property who fails to pay any applicable fee(s) established to cover the city’s costs pursuant to this chapter shall be in violation of this chapter. § 15.26.100 RE-INSPECTIONS. (A) One or more re-inspections will be conducted to verify that the deficiencies noted by the Director during the annual inspection have been corrected. (B) Violations that were not noted on the initial inspection report, but are discovered on the re-inspection due to subsequent damage or deterioration, shall be subject to correction. § 15.26.110 ADMINISTRATIVE CITATIONS. (A) Owners who fail to correct any deficiencies noted during any inspection or re-inspection may be subject to an administrative citation in accordance with Chapter 9.92 until all deficiencies have been corrected to the satisfaction of the Director. (B) Issuance of an administrative citation is in addition to any other administrative or judicial (civil or criminal) remedy established by law which may be pursued to address any violation of the municipal code. § 15.26.120 APPEALS. (A) Any recipient of an administrative citation may contest the citation by the procedures set forth in § 9.92.080. (B) Any party to an administrative citation hearing may appeal from an adverse ruling to the Board of Building Commissioners as set forth in § 9.92.180. § 15.26.130 SELF-CERTIFICATION PROGRAM. (A) Well-maintained rental property with no outstanding violations of any applicable laws may qualify to participate in the self-certification program. Qualifying properties will not be subject to inspections for a period of three years; provided that conditions of the rental property do not deteriorate during that time to the point where the rental property would no longer meet eligibility standards for the self-certification program. Packet Page 1359 San Bernardino - Buildings and Construction52 (B) To qualify for the self-certification program, a property owner must: (1) Complete the self-certification program application packet provided by the city; (2) Pay the annual inspection fee and any other fees required by applicable laws; and (3) Conduct a self-inspection of all exterior and site conditions of all rental property, and certify that conditions at the rental property meet the exterior standards listed on the self-certification program’s checklist. (C) Upon receipt of a request from a property owner to participate in the self-certification program and payment of the appropriate fee(s), the city may inspect the rental property. If the Director determines that the property is qualified to participate in the self-certification program, a certificate of compliance will be issued and the property owner will not be required to pay the annual inspection fee for the second and third years. Recertification in the self-certification program and payment of the annual inspection fee shall be required every three years. (D) If the Director determines that the property is not eligible to participate in the self-certification program, then the residential rental property shall be subject to inspection and the property owner shall be assessed the annual inspection fee as well as any other applicable fees. (E) At all times, the city shall retain the authority to investigate and address any violation of applicable laws. (F) Any owner that fails to maintain a rental property to meet all of the standards listed on the self-certification program’s checklist shall immediately be removed from the self-certification program and become subject to annual inspections. (G) If an officer determines that a property qualifies for self-certification upon inspecting the property in accordance with this chapter, the property shall be automatically enrolled in the self-certification program. (Ord. MC-1371, passed 3-20-2012) § 15.26.140 COMPLAINT-BASED INSPECTIONS. Nothing contained in this chapter shall prevent or restrict the city’s authority to inspect any rental property in response to a complaint alleging code violations or violations of applicable laws and to pursue all remedies permissible under this code or applicable laws. § 15.26.150 VOLUNTARY INSPECTION REQUESTS. Nothing contained in this chapter shall be construed to prohibit a property owner or occupant from voluntarily requesting an inspection pursuant to this chapter to determine whether the rental property complies with applicable laws. § 15.26.160 ENFORCEMENT - PUBLIC NUISANCE. It shall be considered a public nuisance to have or maintain any rental properties that fail to comply with any applicable laws. The Director shall have the power to require correction of violations identified through the annual inspection by using the procedure set forth in Chapter 8.30. § 15.26.170 ENFORCEMENT - ALTERNATIVES. Nothing herein shall prevent the enforcement of this chapter by criminal, civil or administrative actions either undertaken individually or in conjunction with other remedies. The enforcement of this chapter by a criminal, civil or administrative action shall not relieve Packet Page 1360 Single-Family Rental Property Inspection Program 53 the property owner of his or her obligations under this chapter. § 15.26.180 PENALTIES. (A) A violation of this chapter shall be considered a misdemeanor and may be punished as such, however, at the discretion of the City Attorney, the violation of any provisions of this article may be filed as an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (B) Any fees established pursuant to this section, which are more than 30 days delinquent, shall constitute an assessment against the rental property for the inspection of which the fees were billed. Such delinquent fees shall be a lien on the rental property. The Director shall notify the property owner of the affected rental property not less than 30 days prior to notifying the county that a lien will be placed on the property, and shall state the amount then owed. If full payment is not received within 30 days after said notice, the Director shall take whatever action is required for the amount due to be included in the next property tax bill assessment for the rental property. (C) In the event that any provision of this chapter, or any part thereof, or any application thereof, to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by a court of competent jurisdiction on its face or as applied, such holding shall not affect the validity of the remaining provisions of this chapter, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is declared to be the legislative intent of the city that this chapter would have been adopted had such unconstitutional, invalid or ineffective provision not been included herein. (Ord. MC-1266, passed 4-8-2008) Packet Page 1361 San Bernardino - Buildings and Construction54 Packet Page 1362 CHAPTER 15.27: MULTI-FAMILY RENTAL HOUSING PROGRAM MAINTENANCE STANDARDS Section 15.27.010 Purpose 15.27.020 Applicability 15.27.030 Definitions 15.27.040 Scope 15.27.050 Mandatory participation 15.27.060 Notice of inspection 15.27.070 Violations 15.27.080 Re-inspections 15.27.090 Administrative citations 15.27.100 Appeals 15.27.110 Severability § 15.27.010 PURPOSE. The multi-family rental housing maintenance program is part of the city’s overall effort to maintain high property standards for maintenance of multi-family rental properties, as defined herein. Owners of any multi-family rental property will be required to maintain these units in accordance with all applicable laws. (Ord. MC-1619, passed 10-4-2023) § 15.27.020 APPLICABILITY. (A) The provisions of this chapter shall apply to all multi-family rental property, as that term is defined herein, within the city. This chapter also applies to the premises on which a multi-family rental property is located, including, but not limited to, parking lots, driveways, landscaping, accessory structures, fences and walls. (B) The provisions of this chapter are supplementary and complementary to other provisions of this code and applicable laws. Nothing in this chapter may be construed to limit any existing right of the city to abate nuisances or to enforce any provisions of applicable law, statute or this code, including provisions of uniform codes adopted by reference in this code. (Ord. MC-1619, passed 10-4-2023) § 15.27.030 DEFINITIONS. For the purpose of this chapter, unless otherwise apparent from their context, certain words and phrases used in this chapter shall have the meanings hereinafter designated. The definitions in this chapter are included for reference purposes only and are not intended to narrow the scope of definitions set forth in federal or state laws or regulations. Words used in this chapter in the singular may include the plural and the plural may include the singular. Use of the masculine shall also mean feminine and neuter. APPLICABLE LAWS. The City’s Municipal Code, the California Fire Code, the California Building Code, the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Building and any other laws or regulations relating to the health or safety of city residents or the general public, as adopted by the city. CITY. The City of San Bernardino. DIRECTOR. The Director of Community, Housing and Economic Development of the City of San Bernardino, or his or her designee. MANAGER. The person(s) who is responsible for the day-to-day maintenance, upkeep and security of the rental property. MANAGER does not mean those who only physically perform the day-to-day maintenance, upkeep and security functions of the rental property, 55 Packet Page 1363 San Bernardino - Buildings and Construction56 such as, but not limited to, groundskeepers, craft workers and security guards. Rather, the MANAGER is the person(s) who makes the decisions concerning, and who directs and controls those who execute, the day-to-day maintenance, upkeep and security of the rental property. MULTI-FAMILY RENTAL HOUSING COMPLEX. A multi-unit residential structure consisting of four or more units existing on one parcel of land. MULTI-FAMILY RENTAL HOUSING UNIT or UNIT. Any residential dwelling unit, as defined in Chapter 19.02 of the Development Code, in a single structure, or in a group of attached or detached structures containing two or more such dwelling units on the same parcel of land, and is occupied or intended to be occupied on a rental basis. For the purpose of this chapter, the following types of dwelling units or facilities are not considered MULTI-FAMILY RENTAL HOUSING UNITS: (1) Hotels or motels; (2) Accommodations in any hospital, extended care facility, residential care facility, convalescent home, non-profit home for the aged or dormitory that is owned and operated by an education institution; and (3) Mobile home parks. OCCUPANT. Any person who occupies a multi-family rental property, whether as a tenant or permittee of the owner. OWNER or PROPERTY OWNER. A single individual, partnership or joint venture or any entity that has any kind of ownership interest in a multi-family rental property whether as an individual, partner, joint venture, stock owner or ownership interest in some other capacity or the owner’s designee. If more than one person or an entity owns the subject real property, OWNER or PROPERTY OWNER refers to each person or entity holding any kind of ownership interest in the property, and the property owners’ obligations in this chapter are joint and several as to each property owner. (Ord. MC-1619, passed 10-4-2023; Ord. MC-1625, passed 2-21-2024) § 15.27.040 SCOPE. The provisions of this chapter shall apply to all multi-family rental housing complexes containing four or more units on a single parcel. (Ord. MC-1619, passed 10-4-2023) § 15.27.050 MANDATORY PARTICIPATION. (A) All multi-family rental property located in the city shall be subject to an annual inspection by the Director for compliance with the multi-family rental housing program maintenance standards. (B) All property owners and managers of multi-family rental property shall attend the eight-hour rental housing course presented by the city within eight months of the passage of this chapter. If a new owner or manager takes over the property, the new property owner or manager shall complete the eight-hour rental housing course presented by the city within six months of said ownership or employment. (C) Any oral or written communication in the form of educational manuals, guidance, inspection materials, memoranda, reports, worksheets and writings used by the city and its employees and/or agents used in the rental housing course and/or annual inspection shall refrain from referring to the multi-family rental housing program maintenance standards as a crime-free program or crime reduction program. The course and inspection materials shall refrain from pejoratively or derogatorily describing persons with criminal histories. The course and inspection materials shall not instruct property owners and managers to rely upon or use any criminal history information in housing admissions and housing termination of housing decisions that is prohibited by fair housing state and federal laws and regulations, including guidance from applicable state and federal enforcement agencies, which may be amended from time to time. (D) City sworn law enforcement shall not be Packet Page 1364 Multi-Family Rental Housing Program Maintenance Standards 57 involved in conducting the rental housing course or in conducting the annual exterior inspections or re-inspections. City code enforcement officers may be involved in conducting the rental housing course and in conducting the annual exterior inspections and re-inspections as a lawful exercise of their duties, including, but not limited to, enforcement responsibilities under Cal. Civil Code, §§ 1941 et seq. and Cal. Health and Safety Code, §§ 17920.3 and 17975 et seq. (Ord. MC-1619, passed 10-4-2023) § 15.27.060 NOTICE OF INSPECTION. (A) The Director shall mail written notice of the date and time of the inspection to the owner of the multi-family rental property at least three weeks before the scheduled annual inspection. Such notice shall provide the address and phone number where additional information concerning the inspection may be obtained. Notice to the owner shall be mailed by regular mail to the owner’s last known address as it appears in the records of the County Assessor’s office. (B) The notice of inspection for the rental housing maintenance program shall be combined with the multi-family rental housing program notice to the greatest extent possible for the convenience of the property owner. (Ord. MC-1619, passed 10-4-2023) § 15.27.070 VIOLATIONS. (A) Whenever the Director determines that a violation of this chapter exists, the Director shall give notice of violation and an order to correct to the property owner. The notice shall be in writing and shall describe with reasonable detail the violation(s) so that the property owner has the opportunity to correct said violation(s). (B) Any person who fails to comply with any provisions of this chapter after receiving written notice of the violation(s) and being given a reasonable opportunity to correct such violation(s) shall be deemed to be in violation of this chapter. (C) Any owner of a multi-family rental property who fails to permit the annual inspection by the Director pursuant to this chapter shall be in violation of this chapter. (Ord. MC-1619, passed 10-4-2023) § 15.27.080 RE-INSPECTIONS. (A) One or more re-inspections may be conducted to verify that the deficiencies noted by the Director during the annual inspection have been corrected. (B) Violations that were not noted on the initial inspection report, but are discovered on the re-inspection due to subsequent damage or deterioration shall be subject to correction. (Ord. MC-1619, passed 10-4-2023) § 15.27.090 ADMINISTRATIVE CITATIONS. (A) Owners who fail to correct any deficiencies noted during any inspection or re-inspection may be subject to an administrative citation in accordance with Chapter 9.92 until all deficiencies have been corrected to the satisfaction of the Director. (B) Issuance of an administrative citation is in addition to any other administrative or judicial (civil or criminal) remedy established by law which may be pursued to address any violation of the municipal code. (Ord. MC-1619, passed 10-4-2023) § 15.27.100 APPEALS. Any recipient of an administrative citation may contest the citation by the procedures set forth in Chapter 9.94. (Ord. MC-1619, passed 10-4-2023) § 15.27.110 SEVERABILITY. In the event that any provision of this chapter, or any part thereof, or any application thereof to any Packet Page 1365 San Bernardino - Buildings and Construction58 person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by a court of competent jurisdiction on its face or as applied, such holding shall not affect the validity of the remaining provisions of this chapter, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is declared to be the legislative intent of the city that this chapter would have been adopted had such unconstitutional, invalid or ineffective provision not been included herein. (Ord. MC-1619, passed 10-4-2023) Packet Page 1366 CHAPTER 15.28: DANGEROUS BUILDINGS Section 15.28.010 Referenced code 15.28.020 Uniform Code for the Abatement of Dangerous Buildings - amended 15.28.030 Reserved 15.28.040 Reserved 15.28.050 Reserved 15.28.060 Reserved 15.28.070 Reserved 15.28.080 Reserved 15.28.090 Reserved 15.28.100 Reserved 15.28.110 Reserved 15.28.120 Reserved 15.28.130 Reserved 15.28.140 Securing dangerous buildings from entry 15.28.150 Abatement of nuisance by Building Official 15.28.160 Discontinuance of utilities 15.28.170 Filing of notice of pendency of administrative proceedings 15.28.180 Reserved 15.28.190 Post-disaster safety assessment placards 15.28.200 Section 103 amended 15.28.210 Section 205 amended 15.28.220 Section 301 amended § 15.28.010 REFERENCED CODE. The latest edition of the Uniform Code for the Abatement of Dangerous Buildings, as adopted pursuant to § 15.04.020, is incorporated herein, and as hereinafter amended, shall govern the identification and abatement of dangerous buildings. (Ord. 2291, passed 3-29-1960; Ord. 3481, passed 3-12-1975; Ord. MC-880, passed 6-23-1993) § 15.28.020 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS - AMENDED. (A) Chapters 5, 6 and 9 of the Uniform Code for the Abatement of Dangerous Buildings are deleted. (B) Procedures for appeals, hearings, enforcement of orders and abatements related to the administrative enforcement procedures in the UCADB shall be in accordance with Chapter 8.30. Except for vacation orders made under § 404 of the UCADB, enforcement of any notice and order of the Building Official is stayed during the pendency of an appeal therefrom that is properly and timely filed. (Ord. 2291, passed 3-29-1960; Ord. 3481, passed 3-12-1975; Ord. MC-880, passed 6-23-1993; Ord. MC-1521, passed 9-18-2019) § 15.28.030 RESERVED. [Reserved] § 15.28.040 RESERVED. [Reserved] 59 Packet Page 1367 San Bernardino - Buildings and Construction60 § 15.28.050 RESERVED. [Reserved] § 15.28.060 RESERVED. [Reserved] § 15.28.070 RESERVED. [Reserved] § 15.28.080 RESERVED. [Reserved] § 15.28.090 RESERVED. [Reserved] § 15.28.100 RESERVED. [Reserved] § 15.28.110 RESERVED. [Reserved] § 15.28.120 RESERVED. [Reserved] § 15.28.130 RESERVED. [Reserved] § 15.28.140 SECURING DANGEROUS BUILDINGS FROM ENTRY. (A) The Building Official is authorized to secure from entry any structure that is ordered vacated in accordance with Chapter 4 of the Uniform Code for the Abatement of Dangerous Buildings and where the Building Official determines, in his or her sole discretion, that securing the structure is necessary to enforce the order to vacate. The Enforcement Official may secure such structures using any method deemed appropriate under the circumstances in his or her discretion. (B) It is unlawful to remove a notice to vacate posted in accordance with Chapter 4 of the Uniform Code for the Abatement of Dangerous. Any person who removes a notice to vacate without the express written consent of the City Building Official is guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (C) The Building Official’s decision to secure a structure may be appealed in the same manner as the issuance of the underling notice to vacate and as provided in § 15.28.020. (Ord. 2291, passed 3-29-1960; Ord. 3227, passed 1-4-1972; Ord. MC-177, passed 7-7-1982; Ord. MC-228, passed 12-7-1982; Ord. MC-607, passed 9-22-1987; Ord. MC-1521, passed 9-18-2019) § 15.28.150 ABATEMENT OF NUISANCE BY BUILDING OFFICIAL. (A) The same procedures provided in § 15.28.140 for abating nuisances through securing from entry any structure which is determined by the Building Official to be immediately dangerous or hazardous may be used by the Building Official in connection with the summary abatement of all other nuisances upon private property which the Building Official determines, in his or her discretion, to Packet Page 1368 Dangerous Buildings 61 constitute an immediately dangerous or hazardous condition in accordance with California Building Code, § 116.The same procedures provided in § 15.28.140 for abating nuisances through securing from entry any structure which is determined by the Building Official to be immediately dangerous or hazardous may be used by the Building Official in connection with the summary abatement of all other nuisances upon private property which the Building Official determines, in his or her discretion, to constitute an immediately dangerous or hazardous condition in accordance with California Building Code, § 116. (B) The Building Official, or his or her representative, may summarily abate conditions found to be a nuisance under division (A) above, in his or her discretion, in the most appropriate manner under the circumstances.The Building Official, or his or her representative, may summarily abate conditions found to be a nuisance under division (A) above, in his or her discretion, in the most appropriate manner under the circumstances. (1) The manner of abatement may include, but is not limited to, the following methods: fencing, draining water from swimming pools and filling with appropriate ballast, removing the fire hazards, filling or covering open holes and grading or strengthening landfills or excavations.The manner of abatement may include, but is not limited to, the following methods: fencing, draining water from swimming pools and filling with appropriate ballast, removing the fire hazards, filling or covering open holes and grading or strengthening landfills or excavations. (2) Although the manner and method used by the Building Official shall be at his or her discretion, he or she shall, in making his or her determinations, seek the most economical method and endeavor not to place an undue economic hardship upon the owners of the property, using only those measures which will eliminate the dangerous and hazardous conditions.Although the manner and method used by the Building Official shall be at his or her discretion, he or she shall, in making his determinations, seek the most economical method and endeavor not to place an undue economic hardship upon the owners of the property, using only those measures which will eliminate the dangerous and hazardous conditions. (C) (1) The Building Official shall immediately after such abatement action mail notice to the owners as provided in § 15.28.140.The Building Official shall immediately after such abatement action mail notice to the owners as provided in § 15.28.140. (2) The notice shall include:The notice shall include: (a) A description of the action he or she has taken;A description of the action he or she has taken; (b) The cost thereby incurred by the city, including all administrative costs;The cost thereby incurred by the city, including all administrative costs; (c) The reasons why he has taken the action;The reasons why he or she has taken the action; (d) That an appeal may be taken within ten days to the Board of Building Commissioners as provided in § 15.28.140; andThat an appeal may be taken within ten days to the Board of Building Commissioners as provided in § 15.28.140; and (e) That if this action is not annulled by the Board of Building Commissioners, the cost of abating the nuisance on the property shall become a special assessment and lien on the property unless the cost is paid to the city within 30 days of the mailing of the notice.That if this action is not annulled by the Board of Building Commissioners, the cost of abating the nuisance on the property shall become a special assessment and lien on the property unless the cost is paid to the city within 30 days of the mailing of the notice. (D) Fees for processing of demands for information regarding liens imposed under this chapter shall apply in an amount set by resolution of the Mayor and City Council.Fees for processing demands for information regarding liens imposed under this chapter shall apply in an amount set by resolution of the Mayor and City Council. Packet Page 1369 San Bernardino - Buildings and Construction62 (E) The procedures hereunder for appeal, hearing and any other actions shall be as provided in Chapter 3.68* for determination and collection of the assessment for costs of abatement.The procedures hereunder for appeal, hearing and any other actions shall be as provided in Chapter 3.68* for determination and collection of the assessment for costs of abatement. (Ord. 2291, passed 3-29-1960; Ord. 3227, passed 1-4-1972; Ord. 3593, passed 8-2-1976; Ord. MC-177, passed 7-7-1982; Ord. MC-1307, passed 6-2-2009; Ord. MC-1521, passed 9-18-2019; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024) § 15.28.160 DISCONTINUANCE OF UTILITIES. The Building Official may order the discontinuance or disconnection of utilities for unsafe conditions as allowed by the California Building Code.The Building Official may order the discontinuance or disconnection of utilities for unsafe conditions as allowed by the California Building Code. (Ord. 2291, passed 3-29-1960; Ord. 3227, passed 1-4-1972; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024) § 15.28.170 FILING OF NOTICE OF PENDENCY OF ADMINISTRATIVE PROCEEDINGS. At any time after the Building Official has initiated action to locate and serve the owners with the notice and order referred to in § 401 of the Uniform Code for the Abatement of Dangerous Buildings, the Building Official or the City Engineer may file with the County Recorder a notice of pendency of administrative proceedings which shall constitute notice to any subsequent owner, purchaser, encumbrancer of the property described therein or involved in the proceedings, beneficiary of a trust deed, lienholder, mortgagee or any other person holding or claiming any interest of any kind in the property described therein who shall be bound by the administrative proceedings, including liability for all amounts and costs and expenses assessed against the property as a lien for abatement in the same manner as if he or she had been the owner at the time of commencement of the proceedings and had been properly served at that time. (Ord. 2291, passed 3-29-1960; Ord. 3227, passed 1-4-1972; Ord. MC-580, passed 2-4-1987; Ord. MC-880, passed 6-23-1993; Ord. MC-1521, passed 9-18-2019) § 15.28.180 RESERVED. [Reserved] § 15.28.190 POST-DISASTER SAFETY ASSESSMENT PLACARDS. (A)Intent. This section establishes standard placards to be used to indicate the condition of a structure for continued occupancy after any natural or human-made disaster. The chapter further authorizes the Planning and Building Services Department, as well as authorized representatives or designees of that Department, to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment. (B)Application of provisions. The provisions of this section are applicable, following each natural or human-made disaster, to all buildings and structures of all occupancies regulated by the city. The Mayor and CommonCity Council may extend the provisions, as necessary. (C)Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning. SAFETY ASSESSMENT. A visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy following a natural or human-made disaster. (D)Placards. (1) The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or Packet Page 1370 Dangerous Buildings 63 structures. (a) INSPECTED: Lawful occupancy permitted is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure. (b) RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The evaluator who posts this placard will note, in general terms, the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy. (c) UNSAFE: “Do Not Enter or Occupy” is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the department that posted the building. Safety assessment teams shall be authorized to enter these buildings at any time. This placard will note in general terms the type of damage encountered. (2) Each placard shall include the ordinance number, the name of the Department, its address and phone number and a statement regarding the manner in which an appeal may be filed. (3) Once it has been attached to a building or structure, a placard shall not be removed, altered or covered until done so by an authorized representative of the Department or upon written notification from the Department. (4) Any person removing such placard without the express written consent of the City Building Official is guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (E)Notification. (1) The Building Official shall, as soon as practicable but no later than 30 days from the date of posting, mail a notice to the owner of each building posted as “Restricted Use or Unsafe.” Such notice shall be mailed to the owner(s) of record of the property as ascertained from the latest assessment roll of the County Assessor. (2) The notice shall include the following information: (a) A statement indicating that the structure has suffered disaster related damage which constitutes a hazard to its occupants, the public or adjacent property; (b) That the building has been posted with placards in accordance with this section; (c) The restrictions placed on the use or occupancy of the building; (d) A brief description of the damage; (e) That the damage must be repaired and the hazards eliminated prior to re-occupancy; and (f) That an appeal may be filed in accordance with the procedures contained in this chapter. (F)Abatements. If a damaged structure becomes a public nuisance due to abandonment or the failure to repair damage which poses a hazard to the occupants, the public or adjacent property, the Building Official may initiate abatement proceedings in accordance with Chapters 8.30 and this chapter. (Ord. MC-1018, passed 2-4-1998) § 15.28.200 SECTION 103 AMENDED. Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows: “All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of the California Building Standards Code promulgated by the California Building Standards Commission in Title 24 of the California Code of Regulations, as adopted and amended by the City of San Bernardino.” (Ord. MC-1521, passed 9-18-2019) Packet Page 1371 San Bernardino - Buildings and Construction64 § 15.28.210 SECTION 205 AMENDED. Section 205 of the Uniform Code for the Abatement of Dangerous Buildings is amended by deleting the section. (Ord. MC-1521, passed 9-18-2019) § 15.28.220 SECTION 301 AMENDED. Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows: “For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in either this chapter or as specified in the International Building Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Words used in the singular include the plural and plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. BUILDING CODE is the California Building Code, as adopted and amended by the City of San Bernardino. DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code.” (Ord. MC-1521, passed 9-18-2019) Packet Page 1372 CHAPTER 15.32: RESERVED (Repealed by Ord. MC-781, passed 4-22-1991) 65 Packet Page 1373 San Bernardino - Buildings and Construction66 Packet Page 1374 CHAPTER 15.34: REMOVAL OR DESTRUCTION OF TREES Section 15.34.010 Findings 15.34.020 Permit required 15.34.030 Exceptions 15.34.040 Application procedure 15.34.050 Inspection fee 15.34.060 Violation § 15.34.010 FINDINGS. Public safety and welfare and the protection of the environment requires that certain regulations be adopted pertaining to the removal of trees within the city. (Ord. MC-682, passed 11-9-1989) § 15.34.020 PERMIT REQUIRED. It is unlawful for any person, firm, corporation, partnership or association, either as owner, agent or otherwise, to cut down, uproot, destroy and/or remove more than five trees within any 36-month period from a development site or parcel of property without first being issued a permit from the City Development Services Department. (Ord. MC-682, passed 11-9-1989; Ord. MC-1027, passed 9-9-1989) § 15.34.030 EXCEPTIONS. A permit shall not be required when a lawful order to remove the trees for health and safety purposes has been issued by a local, state or federal government agency, nor shall a permit be required if a removal is to be accomplished by, or under the auspices of a governmental entity or employee(s) thereof. Commercial tree farms are also excepted from this chapter. (Ord. MC-682, passed 11-9-1989) § 15.34.040 APPLICATION PROCEDURE. (A) The owner of the property, or his or her agent, shall file a written application with the Planning Official prior to the destruction or removal of the trees. The Planning Official shall cause an inspection to be made of the property within ten working days to determine whether the trees can be removed. If it is determined that the trees can be removed without detriment to the environment and welfare of the community, then the Planning Official shall issue the permit. Such permit may be issued subject to reasonable conditions imposed by the Planning Official. (B) When an inspection discloses that the removal of trees would be detrimental to the environment and harmful to the safety and welfare of the community, the Planning Official shall deny the issuance of a permit. (C) Any person aggrieved by the denial of a permit by the Planning Official may appeal the decision to the Mayor and CommonCity Council in accordance with the provisions of Chapter 2.64. (Ord. MC-682, passed 11-9-1989) § 15.34.050 INSPECTION FEE. Each application for a permit shall be accompanied by an inspection fee which shall be established by resolution of the Mayor and CommonCity Council. (Ord. MC-682, passed 11-9-1989) 67 Packet Page 1375 San Bernardino - Buildings and Construction68 § 15.34.060 VIOLATION. (A) Any person who violates, or causes violation of, any provision of this chapter shall be deemed guilty of an infraction or misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (B) Any person who violates or causes violation of any provision of this chapter, in addition to the above fine, shall pay restitution to the city for unlawful destruction or removal of the trees in an amount not to exceed the replacement value of the trees. (Ord. MC-682, passed 11-9-1989) Packet Page 1376 CHAPTER 15.36: DEMOLITION AND MOVING OF BUILDINGS AND STRUCTURES Section 15.36.010 Permit required - application 15.36.020 Reserved § 15.36.010 PERMIT REQUIRED - APPLICATION. (A) Any person, firm or corporation desiring to demolish, dismantle or tear down any house, building or structure within the city or to move the same outside the city limits shall, before proceeding with such work, file an application with the Building Official for permit to do so. The Building Official, if he or she feels that the granting of such permit is not contrary to public health, safety and welfare, and if he or she determines that the applicant has fully complied with and satisfied each and every other applicable provision of local and state law, shall issue such permit; provided, however, that, as a condition to the issuance of such permit, the applicant shall pay to the Building Official a fee in a sum in accordance with the schedule set forth in § 303 of the California Building Code, which shall be in addition to any other fee required by law, and shall deposit with him or her a surety bond in the amount of $1,000 to ensure the faithful performance by the applicant of the following conditions under which such permit is granted, namely: that upon the moving, demolition, dismantling or tearing down of such house, building or other structure, the lot, parcel or site shall be cleared of all debris, brick, rock, cement work, foundations, weeds, brush, dead or uncared for trees and vegetation and be filled and graded in accordance with the provisions of Chapter 15.04 in such a manner that storm waters and other waters will not accumulate thereon so that the premises are left in a clean and safe condition as determined by the Director of Community and Economic Development.Any person, firm or corporation desiring to demolish, dismantle or tear down any house, building or structure within the city or to move the same outside the city limits shall, before proceeding with such work, file an application with the Department of Community and Economic Development for permit to do so. The Superintendent, if he or she feels that the granting of such permit is not contrary to public health, safety and welfare, and if he or she determines that the applicant has fully complied with and satisfied each and every other applicable provision of local and state law, shall issue such permit; provided, however, that as a condition to the issuance of such permit, the applicant shall pay to the Superintendent a fee in a sum in accordance with the schedule set forth in § 303 of the California Building Code, which shall be in addition to any other fee required by law, and shall deposit with him or her a surety bond in the amount of $1,000 to ensure the faithful performance by the applicant of the following conditions under which such permit is granted, namely: that upon the moving, demolition, dismantling or tearing down of such house, building or other structure, the lot, parcel or site shall be cleared of all debris, brick, rock, cement work, foundations, weeds, brush, dead or uncared for trees and vegetation and be filled and graded in accordance with the provisions of Chapter 15.04 in such a manner that storm waters and other waters will not accumulate thereon so that the premises are left in a clean and safe condition as determined by the Director of Community Development and Housing Department. (B) Any permit issued under this section shall be further conditioned upon completion of the work of moving or demolition, dismantling, tearing down, 69 Packet Page 1377 San Bernardino - Buildings and Construction70 filling, grading and cleaning of the site within a period of 90 days from the date of its issuance, which period may be extended by the Chief Building Inspector upon good cause shown for such additional periods as may be reasonably required to carry out the purposes of the permit.Any permit issued under this section shall be further conditioned upon completion of the work of moving or demolition, dismantling, tearing down, filling, grading and cleaning of the site within a period of 90 days from the date of its issuance, which period may be extended by the Building Official upon good cause shown for such additional periods as may be reasonably required to carry out the purposes of the permit. (C) The permit shall not be issued or approved unless and until the applicant has furnished satisfactory evidence to the Superintendent:The permit shall not be issued or approved unless and until the applicant has furnished satisfactory evidence to the Superintendent: (1) That he or she has fully complied with the provisions of § 119(a) of the Uniform Plumbing Code or other law pertaining to the plugging or capping of abandoned sewer outlets;That he or she has fully complied with the provisions of § 119(a) of the Uniform Plumbing Code or other law pertaining to the plugging or capping of abandoned sewer outlets; (2) That he or she has obtained a permit for such plugging and capping in accordance with § 1.8 of the Uniform Plumbing Code or other law;That he or she has obtained a permit for such plugging and capping in accordance with § 1.8 of the Uniform Plumbing Code or other law; (3) That he or she has completed the plugging and capping thereof in an approved manner as evidenced by a final inspection; andThat he or she has completed the plugging and capping thereof in an approved manner as evidenced by a final inspection; and (4) That he or she has cleaned and filled any abandoned cesspool and has filled and graded the property as required herein.That he or she has cleaned and filled any abandoned cesspool and has filled and graded the property as required herein. (Ord. 2014, passed 1-19-1954; Ord. 2784, passed 11-29-1966; Ord. 3628, passed 2-24-1977; Ord. MC-1027, passed 9-9-1998; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024) § 15.36.020 RESERVED. [Reserved] (Repealed by Ord. MC-460, passed 5-15-1985) Packet Page 1378 CHAPTER 15.37: HISTORIC BUILDING DEMOLITION ORDINANCE Section 15.37.010 Findings and purpose 15.37.020 Definitions 15.37.030 Demolition prohibited 15.37.040 Dangerous buildings exempted under exigent circumstances 15.37.045 Evaluation thresholds and review requirements 15.37.050 Historic resource evaluation report 15.37.055 Criteria for determination of historical significance 15.37.060 Review process 15.37.070 Appeals 15.37.080 Penalty 15.37.085 Reserved 15.37.090 Fees § 15.37.010 FINDINGS AND PURPOSE. The Mayor and City Council find and declare the following. (A) The city’s general plan, adopted on November 1, 2005, includes a Historical and Archaeological Resources Element which provides a basis for historic preservation in the city. (B) This chapter is adopted to establish a procedure for consideration of demolition requests for historic buildings and structures as defined herein. (Ord. MC-694, passed 12-18-1989; Ord. MC-850, passed 9-9-1992; Ord. MC-1306, passed 6-2-2009; Ord. MC-1482, passed 4-18-2018) § 15.37.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BUILDING. Any structure having a roof and walls built and maintained to shelter human activity or property. DEMOLITION. To destroy any building or structure so that it is no longer standing or functional. REPORT. Historic resource evaluation report, a report that evaluates the historical significance of a resource based upon established criteria. RESOURCE. A building or structure as defined in this chapter. STRUCTURE. (1) Any structure having a roof and walls built and maintained to shelter human activity or property; or (2) A work made up of independent and interrelated parts that performs a primary function unrelated to human shelter. SURVEY. Historic Resources Reconnaissance Survey (Volumes 1 through 5 and Attachments, April 30, 1991 and all subsequent revisions), a citywide 71 Packet Page 1379 San Bernardino - Buildings and Construction72 survey of buildings and structures constructed prior to December 31, 1941, which provides baseline information regarding the types and locations of resources, approximate construction dates, representative architectural styles, construction materials and contextual historical themes. THE ARTS AND HISTORICAL PRESERVATION COMMISSION. A commission formed by resolution of the Mayor and City Council whose members are appointed by the Mayor and City Council. (Ord. MC-694, passed 12-18-1989; Ord. MC-850, passed 9-9-1992; Ord. MC-1306, passed 6-2-2009; Ord. MC-1482, passed 4-18-2018) § 15.37.030 DEMOLITION PROHIBITED. No building or structure 50 years old or older shall be demolished unless a valid demolition permit has been issued in accordance with this chapter. (Ord. MC-694, passed 12-18-1989; Ord. MC-850, passed 9-9-1992; Ord. MC-1306, passed 6-2-2009; Ord. MC-1482, passed 4-18-2018) § 15.37.040 DANGEROUS BUILDINGS EXEMPTED UNDER EXIGENT CIRCUMSTANCES. The demolition of any building or structure 50 years old or older shall be exempt from the provisions of this chapter if a determination has been made, supported by findings of fact, by the hearing officer or the building official, pursuant to Chapter 15.28, declaring that the building or structure is a dangerous building and constitutes an imminent threat to the health and safety of the public. In lieu of immediate demolition of a structure posing an imminent hazard, feasible mitigation measures should be employed where practicable in order to preserve the structure and site until the historical review process is completed. (Ord. MC-694, passed 12-18-1989; Ord. MC-850, passed 9-9-1992; Ord. MC-1306, passed 6-2-2009; Ord. MC-1482, passed 4-18-2018) § 15.37.045 EVALUATION THRESHOLDS AND REVIEW REQUIREMENTS. Buildings and structures 50 years old or older proposed for demolition shall be evaluated to determine historical significance. The level of review required shall be determined in accordance with the following thresholds and requirements which are based upon the Historic Resources Reconnaissance Survey (Volumes 1 through 5 and attachments, April 30, 1991 and all subsequent revisions). (A) A historic resource evaluation report (“report”) shall be required for any resource identified on a modified State Department of Parks and Recreation (“DPR”) 523 Form (Volume 3, Appendix B, Resource List and DPR Forms) or located within an area identified as being potentially eligible for Historic District designation and listed as a contributing resource (Volume 3, Appendix C, Historic Districts and Overlay Zones, Items 1 through 4). (B) A historic resource evaluation report may be required for any resource listed on the tabular list and located within the boundaries of an area identified in the survey as being potentially eligible for Historic Overlay Zone designation (Volume 3, Appendix C, Historic Districts and Overlay Zones, Items 5 through 13). Using the criteria established in § 15.37.055, the Director of Community Development and Housing shall evaluate demolition proposals for these resources to determine the requirement for a report. (C) Demolition permit applications for buildings and structures which are listed only on the tabular list or not included in the survey shall not require a report unless the Director of Community Development and Housing determines that a report is required based upon new historical or cultural information not contained in the survey. When required, historic resource evaluation reports shall be prepared in Packet Page 1380 Historic Building Demolition Ordinance 73 accordance with § 15.37.050. (Ord. MC-694, passed 12-18-1989; Ord. MC-850, passed 9-9-1992; Ord. MC-1306, passed 6-2-2009; Ord. MC-1482, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 15.37.050 HISTORIC RESOURCE EVALUATION REPORT. (A) A historic resource evaluation report required as a submittal for a demolition permit application shall contain the following elements: (1) Purpose and scope; (2) Methods of evaluation: field and archival; (3) Location and setting; (4) Architectural description of the resource; (5) Historical background; (6) Discussion of eligibility for NR listing; (7) Statement of significance; (8) Conclusions; (9) Recommendations (may include proposed mitigation); and (10) Archival documentation (appendices). (B) The statement of significance element (division (A)(7) above) shall be made using the criteria listed in § 15.37.055 and shall include a discussion of the related historical contextual themes. (C) The archival documentation (division (A)(10) above) of the resource shall include a completed DPR 523 Form and archival quality photo documentation. This information shall be included as an appendix to the report. (D) Preparation and submittal of the report shall be the responsibility of the applicant. All reports shall be prepared by consultants who meet the professional qualification standards for the field of historic preservation, as described in the Federal Register. (Ord. MC-694, passed 12-18-1989; Ord. MC-850, passed 9-9-1992; Ord. MC-1027, passed 9-9-1998; Ord. MC-1306, passed 6-2-2009; Ord. MC-1482, passed 4-18-2018) § 15.37.055 CRITERIA FOR DETERMINATION OF HISTORICAL SIGNIFICANCE. The criteria for determination of historical significance include the following: (A) The building or structure has character, interest or value as a part of the heritage of the city; (B) The location of the building or structure is the site of a significant historic event; (C) The building or structure is identified with a person(s) or group(s) who significantly contributed to the culture and development of the city; (D) The building or structure exemplifies a particular architectural style or way of life important to the city; (E) The building or structure exemplifies the best remaining architectural type in a neighborhood; (F) The building or structure is identified as the work of a person whose work has influenced the heritage of the city, the state or the United States; (G) The building or structure reflects outstanding attention to architectural design, detail, materials or craftsmanship; (H) The building or structure is related to landmarks or historic districts and its preservation is essential to the integrity of the landmark or historic district; (I) The unique location or singular physical characteristics of the building or structure represents Packet Page 1381 San Bernardino - Buildings and Construction74 an established and familiar feature of a neighborhood; or (J) The building, structure or site has the potential to yield historical or archaeological information. (Ord. MC-694, passed 12-18-1989; Ord. MC-850, passed 9-9-1992; Ord. MC-1306, passed 6-2-2009; Ord. MC-1482, passed 4-18-2018) § 15.37.060 REVIEW PROCESS. (A)Director review. The Director of Community Development and Housing shall determine whether to issue a demolition permit for an application which does not require a report in accordance with evaluation thresholds in division (B) and (C) below and the requirements specified in § 15.37.045. (B) The Development and Environmental Review Committee (“DERC”) review. (1) An initial study (pursuant to the California Environmental Quality Act) shall be prepared for a demolition permit application when a historical resource evaluation report is required in accordance with § 15.37.045(A) through (C). (2) The report may be included as an attachment to the initial study or referenced in the initial study. The initial study shall be reviewed by the DERC for an environmental determination in compliance with the provisions of the California Environmental Quality Act and applicable city requirements. Following the DERC review, the application and the environmental determination shall be reviewed by the Arts and Historical Preservation Commission. (C)Arts and Historical Preservation Commission review. The Arts and Historical Preservation Commission shall receive notification of demolition permit applications for which a historic resource evaluation report is prepared for their review and make recommendations to the Planning Commission regarding the historic significance of resources and the approval or denial of applications. (D)Planning Commission review. (1) A demolition permit application for which a historic resource evaluation report and initial study are prepared shall be scheduled for review by the Planning Commission within 45 days of the DERC’s environmental determination. The Planning Commission shall review demolition permit applications to determine the historical significance of the resource based upon the criteria set forth in § 15.37.055. The Planning Commission may also consider the National Register criteria for evaluation. (2) Based upon the information provided, the Planning Commission shall take action on the environmental determination and approve or deny the issuance of the demolition permit. The Planning Commission’s review must be completed within 30 days of the first public hearing before the Planning Commission or the application shall be forwarded to the Mayor and City Council. (3) When a demolition permit application is denied because of a determination of historical significance, the Planning Commission shall forward that recommendation to the Mayor and City Council. (4) If the Planning Commission approves the demolition permit application, the demolition permit shall be issued in accordance with the Planning Commission action and following compliance with the provisions of this chapter and all other city requirements. (E)Effective date of permit. Demolition permits shall become effective 16 days following the final date of action (i.e., approval) by the Director or the Planning Commission, unless an appeal has been filed pursuant to § 15.37.070, which shall stay the issuance of the demolition permit until after the appeal is decided. (Ord. MC-694, passed 12-18-1989; Ord. MC-850, passed 9-9-1992; Ord. MC-1306, passed 6-2-2009; Ord. MC-1482, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) Statutory reference: California Environmental Quality Act, see Cal. Public Resources Code, §§ 21000 et seq. Packet Page 1382 Historic Building Demolition Ordinance 75 § 15.37.070 APPEALS. (A) Any person may appeal the decisions of the Director of Community Development and Housing pursuant to this chapter to the Planning Commission. Decisions of the Planning Commission pursuant to this chapter may be appealed to the Mayor and City Council. (B) An appeal must be submitted in writing with the required appeal fee (if applicable) to the Department of Community Development and Housing within 15 days following the final date of the action for which an appeal is made. The written appeal shall include the reason(s) why the historic resource evaluation report should or should not be required; or why the demolition permit application should be granted, denied or exempt from the provisions of this chapter. (Ord. MC-694, passed 12-18-1989; Ord. MC-850, passed 9-9-1992; Ord. MC-1027, passed 9-9-1998; Ord. MC-1306, passed 6-2-2009; Ord. MC-1482, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 15.37.080 PENALTY. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter is guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of §§ 1.12.010 and 1.12.020 in addition to any other civil or administrative remedies. (Ord. MC-694, passed 12-18-1989; Ord. MC-850, passed 9-9-1992; Ord. MC-1306, passed 6-2-2009; Ord. MC-1482, passed 4-18-2018) § 15.37.085 RESERVED. [Reserved] (Deleted by Ord. MC-1482, passed 4-18-2018) § 15.37.090 FEES. Upon submittal of a demolition permit application to the Department of Community Development and Housing, the applicant shall pay all applicable Planning Division fees in the amounts as adopted by resolution of the Mayor and City Council for an initial study and for the Planning Commission review. The applicant shall pay all required Building Inspection Division fees in the amounts as adopted by resolution of the Mayor and City Council prior to issuance of a demolition permit. The applicant shall also pay all fees required by other governmental agencies prior to issuance of a demolition permit. (Ord. MC-694, passed 12-18-1989; Ord. MC-850, passed 9-9-1992; Ord. MC-1306, passed 6-2-2009; Ord. MC-1482, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) Packet Page 1383 San Bernardino - Buildings and Construction76 Packet Page 1384 CHAPTER 15.38: RESERVED (Repealed by Ord. MC-880, passed 6-23-1993) 77 Packet Page 1385 San Bernardino - Buildings and Construction78 Packet Page 1386 CHAPTER 15.40: RESERVED (Repealed by Ord. MC-880, passed 6-23-1993) 79 Packet Page 1387 San Bernardino - Buildings and Construction80 Packet Page 1388 CHAPTER 15.44: RESERVED (Repealed by Ord. MC-880, passed 6-23-1993) 81 Packet Page 1389 San Bernardino - Buildings and Construction82 Packet Page 1390 CHAPTER 15.48: SWIMMING POOLS Section 15.48.010 Public policy 15.48.020 Person defined 15.48.030 Fence required 15.48.040 Gates and doors - specifications 15.48.050 Distance between inside of pool and rear lot line 15.48.060 Reserved 15.48.070 Soils engineering reports 15.48.080 Exemptions 15.48.090 Reserved 15.48.100 Existing pools 15.48.110 Reserved § 15.48.010 PUBLIC POLICY. It is found, declared and determined that private swimming pools shall be fenced as a precautionary measure to prevent severe hazard to the health, safety and welfare of the inhabitants of the city, particularly children. (Ord. 2431, passed 4-2-1962) § 15.48.020 PERSON DEFINED. For the purpose of this chapter, PERSON shall include, but not be limited to, any individual, firm, association, partnership, trust, corporation, political subdivision within the city or other form of organization whether operating for profit or otherwise. (Ord. 2431, passed 4-2-1962) § 15.48.030 FENCE REQUIRED. Each person in possession of land within the city, as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which is situated a swimming pool or other out-of-doors body of water or structure designed, constructed or used, or capable of being used, for swimming or bathing, having a depth in excess of 18 inches, shall maintain on the premises, completely surrounding the pool or body of water, a fence or wall not less than four feet in height. There shall be no openings, holes or gaps in the fence or wall larger than four inches square, except that if a picket fence or other fence constructed of vertical members is maintained, the open space between the pickets or vertical members shall not exceed four inches horizontally and shall be not less than 36 inches vertically. Openings, holes or gaps shall not be constructed or maintained in a horizontal series constituting steps or other means of access. A dwelling house or accessory building may be used as part of the required fence or wall. (Ord. 2431, passed 4-2-1962; Ord. 3031, passed 12-9-1969; Ord. 3971, passed 9-24-1980) § 15.48.040 GATES AND DOORS - SPECIFICATIONS. All gates or doors opening through the required enclosure shall be not less than four feet high. Gates or doors shall be equipped with a self-closing and self-latching device located within three inches of the required height of fence or wall. Closing and latching devices shall be designed to keep and capable of keeping the door or gate securely closed at all times when not in actual use. No gate or door across a driveway providing access to any required parking area may open into the area between a fence or wall and the pool or body of water.All gates or doors 83 Packet Page 1391 San Bernardino - Buildings and Construction84 opening through the required enclosure shall be not less than four feet high. Gates or doors shall be equipped with a self-closing and self-latching device located within three inches of the required height of fence or wall. Closing and latching devices shall be designed to be self-closing and capable of keeping the door or gate securely closed at all times when not in actual use. These requirements are to include pedestrian doors with direct access to the rear yard from the garage. No gate or door across a driveway providing access to any required parking area may open into the area between a fence or wall and the pool or body of water. (Ord. 2431, passed 4-2-1962; Ord. 3971, passed 9-24-1980; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024) § 15.48.050 DISTANCE BETWEEN INSIDE OF POOL AND REAR LOT LINE. Any swimming pool constructed after the effective date of the ordinance codified in this chapter shall be constructed so that there shall be at least five feet between the inside or poolside face of the swimming pool and side or rear lot line. No mechanical equipment shall be placed nearer than five feet to any side lot line. (Ord. 2431, passed 4-2-1962; Ord. 3031, passed 12-9-1969) § 15.48.060 RESERVED. [Reserved] (Ord. 2431, passed 4-2-1962; Ord. 3031, passed 12-9-1969; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024) § 15.48.070 SOILS ENGINEERING REPORTS. (A) Prior to issuance of a swimming pool permit, the Building Official may require that the swimming pool plans shall be reviewed by an approved soils engineer. All reports shall be subject to approval by the Building Official, and supplemental reports and data may be required as he or she may deem necessary. Recommendations included in the report and approved by the Building Official shall be incorporated in the swimming pool plans by the permittee. (B) Swimming pools constructed of materials that are subject to failure by deterioration, tears or rips shall not be so located so that a failure would possibly endanger any private property or result in the deposition of debris on any public way. (Ord. 2431, passed 4-2-1962; Ord. 3031, passed 12-9-1969) § 15.48.080 EXEMPTIONS. All swimming pools which are completely contained within the walls of a building shall be exempt from the provisions of the fencing requirements. (Ord. 2431, passed 4-2-1962; Ord. 3474, passed 1-22-1975) § 15.48.090 RESERVED. [Reserved] (Ord. 2431, passed 4-2-1962; Ord. MC-1027, passed 9-9-1998; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024) § 15.48.100 EXISTING POOLS. Swimming pools in existence on the effective date of the ordinance codified in this chapter shall be fenced in accordance with the requirements of this chapter on or before July 1, 1962. (Ord. 2431, passed 4-2-1962) § 15.48.110 RESERVED. [Reserved] (Repealed by Ord. MC-460, passed 5-15-1985) Packet Page 1392 Swimming Pools 85 Packet Page 1393 San Bernardino - Buildings and Construction86 Packet Page 1394 CHAPTER 15.52: RESERVED (Repealed by Ord. MC-781, passed 4-22-1991) 87 Packet Page 1395 San Bernardino - Buildings and Construction88 Packet Page 1396 CHAPTER 15.55: CITY ASSUMPTION OF CODE ENFORCEMENT IN MOBILE HOME PARKS (Repealed by Ord. MC-1379, passed 10-15-2012) Statutory reference: For provisions on mobile homes, see Cal. Health and Safety Code, §§ 18000 et seq. 89 Packet Page 1397 San Bernardino - Buildings and Construction90 Packet Page 1398 CHAPTER 15.56: RESERVED (Repealed by Ord. MC-781, passed 4-22-1991) 91 Packet Page 1399 San Bernardino - Buildings and Construction92 Packet Page 1400 CHAPTER 15.57: CULTURAL DEVELOPMENT CONSTRUCTION TAX Section 15.57.010 Purpose 15.57.020 Definitions 15.57.030 Cultural development construction tax imposed 15.57.040 Time of payment 15.57.050 Tax - place of payment 15.57.060 Disposition of cultural development construction taxes 15.57.070 Severability § 15.57.010 PURPOSE. The purpose of this chapter is to provide for the payment of a tax applicable to new construction or reconstruction of commercial structures to provide funds for the promotion of fine art culture and other cultural enhancements as the Mayor and City Council may direct. Enhancement of the cultural development is deemed to be a public benefit to all citizens of the community. (Ord. MC-542, passed 9-11-1986; Ord. MC-650, passed 1-19-1989; Ord. MC-1451, passed 12-20-2017) § 15.57.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. COMMERCIAL STRUCTURE. Any building or structure all or part of which contains a commercial or industrial use permitted by this code; provided, however, COMMERCIAL STRUCTURE shall not include any building or structure constructed or reconstructed for the elderly and handicapped, pursuant to this Title 15, or pursuant to Title 25 or 26 of the Cal. Code of Regulations.Any building or structure all or part of which contains a commercial or industrial use permitted by this code; provided, however, COMMERCIAL STRUCTURE shall not include any building or structure constructed or reconstructed for the elderly and handicapped, pursuant to this Title 15, or pursuant to Title 25 or 26 of the Cal. Code of Regulations. CONSTRUCTION COST. The total value of all construction or reconstruction work on a commercial structure as determined by the Director of Community Development and Housing, pursuant to § 15.04.080, in issuing a building permit for such construction or reconstruction.The total value of all construction or reconstruction work on a commercial structure as determined by the Director of Community Development, pursuant to § 15.04.080, in issuing a building permit for such construction or reconstruction. NEW CONSTRUCTION. All new commercial construction.All new commercial construction. RECONSTRUCTION. Additions, alterations, repairs or remodels made to an existing commercial structure. RECONSTRUCTION is required to conform to the requirements for new buildings pursuant to the California Building Code and this Title 15 of this code. RECONSTRUCTION necessitated by natural disaster or accidental damage shall not be subject to this chapter; provided, however, that damage in the normal course of business shall be included.Additions, alterations, repairs or remodels made to an existing commercial structure. RECONSTRUCTION is required to conform to the requirements for new buildings, pursuant to the California Building Code and this Title 15. RECONSTRUCTION necessitated by natural disaster or accidental damage shall not be subject to this chapter; provided, however, that damage in the normal course of business shall be included. 93 Packet Page 1401 San Bernardino - Buildings and Construction94 (Ord. MC-542, passed 9-11-1986; Ord. MC-650, passed 1-19-1989; Ord. MC-768, passed 3-12-1991; Ord. MC-1027, passed 9-9-1998; Ord. MC-1451, passed 12-20-2017; Ord. MC-1525, passed 1-15-2020; Ord. MC-1625, passed 2-21-2024; Ord. MC-1643, passed 10-2-2024) § 15.57.030 CULTURAL DEVELOPMENT CONSTRUCTION TAX IMPOSED. (A) A cultural development construction tax is imposed on the privilege of new construction or reconstruction, as defined in § 15.57.020. Such tax shall be equal to 0.5% of the construction cost.A cultural development construction tax is imposed on the privilege of new construction or reconstruction, as defined in § 15.57.020. Such a tax shall be equal to 0.5% of the construction cost. (B) Notwithstanding the foregoing provisions, the tax shall not be imposed and charged for any permit for which an application together with two sets of complete plans and specifications as required by §§ 301 and 302 of the California Building Code are filed and approved with the city prior to September 8, 1986; provided that the applicant has paid all plan check fees prior to that date.Notwithstanding the foregoing provisions, the tax shall not be imposed and charged for any permit for which an application together with two sets of complete plans and specifications as required by §§ 301 and 302 of the California Building Code are filed and approved with the city prior to September 8, 1986; provided that the applicant has paid all plan check fees prior to that date. (C) No cultural development construction tax shall be charged for the first reconstruction of any commercial structure up to its previously existing square footage, if the previously existing commercial structure was voluntarily demolished by the property owner after code enforcement has issued a notice of violation/abatement.No cultural development construction tax shall be charged for the first reconstruction of any commercial structure up to its previously existing square footage, if the previously existing commercial structure was voluntarily demolished by the property owner after code enforcement has issued a notice of violation/abatement. (Ord. MC-542, passed 9-11-1986; Ord. MC-650, passed 1-19-1989; Ord. MC-768, passed 3-12-1991; Ord. MC-1175, passed 7-22-2004; Ord. MC-1451, passed 12-20-2017; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024) § 15.57.040 TIME OF PAYMENT. The cultural development construction tax required in § 15.57.030 to be paid shall be due and payable upon issuance by the city of a building permit for the new construction or reconstruction of any commercial structure; provided, however, that there shall be a refund of such tax in the event that the building permit expires, within the meaning of § 302(d) of the latest edition of the California Building Code adopted in the city, within 30 days after the date of such expiration, upon written application for such refund by the person who paid such tax setting forth in full the facts showing that such permit has expired. The full amount due under this chapter shall constitute a debt to the city. An action for the collection thereof may be commenced in the name of the city in any court having jurisdiction of the cause.The cultural development construction tax required in § 15.57.030 to be paid shall be due and payable upon issuance by the city of a building permit for the new construction or reconstruction of any commercial structure; provided, however, that there shall be a refund of such tax in the event that the building permit expires, within the meaning of § 302(d) of the latest edition of the California Building Code adopted in the city, within 30 days after the date of such expiration, upon written application for such refund by the person who paid such tax setting forth in full the facts showing that such permit has expired. The full amount due under this chapter shall constitute a debt to the city. An action for the collection thereof may be commenced in the name of the city in any court having jurisdiction of the cause. (Ord. MC-542, passed 9-11-1986; Ord. MC-650, passed 1-19-1989; Ord. MC-1451, passed 12-20-2017; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024) Packet Page 1402 Cultural Development Construction Tax 95 § 15.57.050 TAX - PLACE OF PAYMENT. The tax shall be paid to the Building Official of the city, or his or her authorized agent, in the City Department of Community Development and Housing. (Ord. MC-542, passed 9-11-1986; Ord. MC-650, passed 1-19-1989; Ord. MC-1027, passed 9-9-1998; Ord. MC-1451, passed 12-20-2017; Ord. MC-1625, passed 2-21-2024) § 15.57.060 DISPOSITION OF CULTURAL DEVELOPMENT CONSTRUCTION TAXES. The funds derived from this tax shall be placed in the General Fund with identification as to the source, so that the Mayor and City Council may consider appropriate expenditures in its annual budget for allocation to cultural development activities in the city or such other uses as the Mayor and City Council may direct. The use of the funds shall be reviewed annually by the Mayor and City Council. (Ord. MC-542, passed 9-11-1986; Ord. MC-650, passed 1-19-1989; Ord. MC-1451, passed 12-20-2017) § 15.57.070 SEVERABILITY. If any section, division, sentence, clause, phrase or portion of this chapter is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of the chapter. (Ord. MC-542, passed 9-11-1986; Ord. MC-650, passed 1-19-1989; Ord. MC-1451, passed 12-20-2017) Packet Page 1403 San Bernardino - Buildings and Construction96 Packet Page 1404 CHAPTER 15.60: RESERVED (Repealed by Ord. MC-880, passed 6-23-1993) 97 Packet Page 1405 San Bernardino - Buildings and Construction98 Packet Page 1406 CHAPTER 15.64: RESERVED (Repealed by Ord. MC-84, passed 7-21-1981) 99 Packet Page 1407 San Bernardino - Buildings and Construction100 Packet Page 1408 CHAPTER 15.68: WASHERS, DRYERS, EXTRACTORS AND COMPRESSORS Section 15.68.010 Purpose 15.68.020 Permit for installation - fee 15.68.030 Operation prohibited when excessive ground vibration occurs 15.68.040 Distance of commercial laundry compressor from other buildings 15.68.050 Requirements in addition to building code and other laws 15.68.060 Reserved § 15.68.010 PURPOSE. The purpose of this chapter is to regulate the installation, operation and maintenance of equipment or machinery, including, but not limited to, washers, dryers, extractors and washer extractors of 55-pound capacity or larger, and compressors. (Ord. 3064, passed 4-7-1970) § 15.68.020 PERMIT FOR INSTALLATION - FEE. (A) No person, firm or corporation shall install any equipment or machinery without first obtaining a permit from the Department of Development Services. The fee for such permit shall be $10. Such fee shall be in addition and supplemental to any other fee charged for the installation of such equipment or machinery. (B) A design drawing and calculations shall be submitted with the application for a permit showing all information pertaining to the equipment or machinery which is necessary for a determination of foundation requirements in order that it may operate efficiently, safely and with a minimum of vibration. A requirement of installation based on the design shall be that the ground vibration inherently and recurrently generated does not cause a displacement of the earth greater than 0.033 of one inch as measured at any point radially in any plane from the foundation, as determined by the City Engineer. (Ord. 3064, passed 4-7-1970; Ord. MC-1027, passed 9-9-1998) § 15.68.030 OPERATION PROHIBITED WHEN EXCESSIVE GROUND VIBRATION OCCURS. (A) No person shall operate any of the above equipment or machinery which, due to faulty installation, maintenance or operation, causes a ground vibration in excess of that described in § 15.68.020. If, in the opinion of the City Engineer, equipment or machinery presently in operation does cause such excessive vibration, the Superintendent of the Development Services Department may require the operator to submit all the information required for an original installation of such equipment or machinery. (B) If such information shows to the satisfaction of the City Engineer that the existing installation of such equipment or machinery does not meet the required standards, changes and modifications of installation, it shall be required to obtain compliance with the standards before the operation of the equipment or machinery may be continued. (Ord. 3064, passed 4-7-1970; Ord. MC-1027, passed 9-9-1998) § 15.68.040 DISTANCE OF COMMERCIAL LAUNDRY COMPRESSOR FROM OTHER BUILDINGS. Any commercial laundry compressor maintained outside of the commercial building on the premises shall be at least 75 feet from any other building occupied as a residential dwelling unless provision is 101 Packet Page 1409 San Bernardino - Buildings and Construction102 made to completely enclose the compressor in accordance with the minimum standards set forth in a drawing marked “commercial laundry compressor” on file in the Department of Development Services, City Hall, San Bernardino, California. (Ord. 3064, passed 4-7-1970; Ord. MC-1027, passed 9-9-1998) § 15.68.050 REQUIREMENTS IN ADDITION TO BUILDING CODE AND OTHER LAWS. The requirements of this chapter are in addition and supplemental to any other requirements set forth in the California Building Code or other laws.The requirements of this chapter are in addition and supplemental to any other requirements set forth in the California Building Code or other laws. (Ord. 3064, passed 4-7-1970; Ord. MC-1525, passed 1-15-2020; Ord. MC-1643, passed 10-2-2024) § 15.68.060 RESERVED. [Reserved] (Repealed by Ord. MC-460, passed 5-15-1985) Packet Page 1410 CHAPTER 15.72: RESERVED (Repealed by Ord. MC-781, passed 4-22-1991) 103 Packet Page 1411 San Bernardino - Buildings and Construction104 Packet Page 1412 CHAPTER 15.73: VERDEMONT AREA - INFRASTRUCTURE FEE Section 15.73.010 Findings and determination 15.73.020 Rules of construction 15.73.030 Definitions 15.73.040 Persons subject to infrastructure fee 15.73.050 Infrastructure fee 15.73.060 Time of payment 15.73.065 Deferral 15.73.070 Establishment of Infrastructure Fee Fund 15.73.080 Use of funds 15.73.090 Refunds 15.73.100 Penalties 15.73.110 Severability 15.73.120 Other fees § 15.73.010 FINDINGS AND DETERMINATION. The Mayor and CommonCity Council find and determine as follows. (A) The city must provide for the acquisition, construction and installation of certain right-of-way and related infrastructure improvements (as hereinafter defined and as hereinafter referred to as the “right-of-way improvements”) and certain other public improvements (as hereinafter described and as hereinafter referred to as the “public improvements”) within the Verdemont Area of the city in order to maintain current levels of service if new development is to be accommodated without decreasing current levels of service and in order to ensure that the infrastructure system is in conformity with the requirements of the city’s general plan. (B) It is in the interests of the present landowners within the Verdemont Area and the residents, both within the Verdemont Area and within the city generally, that the city causes the acquisition, construction and installation of the right-of-way improvements and the public improvements within the Verdemont Area. (C) The imposition of infrastructure development fees (the “infrastructure fees”) is one of the preferred methods of ensuring that development in the Verdemont Area bares a proportionate share of the cost of capital facilities necessary to accommodate such development in order to effectively provide the quality and extent of infrastructure required within the Verdemont Area. (D) Development within the Verdemont Area will: (1) Generate increased traffic volumes necessitating the acquisition, construction and installation of the right of-way improvements; and (2) Create a need for the acquisition, construction and installation of the public improvements. (E) Revenues generated from the levy of the infrastructure fees will be used to facilitate the acquisition, construction and installation of the right-of-way improvements and the public improvements which in turn will allow for the future development of property within the Verdemont Area by providing additional traffic flow capacity and other public improvements; (F) The infrastructure fees established by § 15.73.050 shall be calculated pursuant to a resolution duly adopted by the Mayor and CommonCity Council simultaneously herewith (the “resolution”). The infrastructure fees established by this chapter and as calculated pursuant to the resolution are derived from, and based upon, and do 105 Packet Page 1413 San Bernardino - Buildings and Construction106 not exceed the costs of undertaking the acquisition, construction and installation of the right-of-way improvements. (G) It is anticipated that certain excess revenues may be generated through the levy of the infrastructure fees for the acquisition, construction and installation of the right-of-way improvements, and to the extent such revenues are generated, such revenues as are in excess of the amount required for the acquisition, construction and installation of the right-of-way improvements shall be used for the purposes of funding the acquisition, construction and installation of the public improvements, as defined in § 15.73.030; provided, however, that if such excess revenues are not generated, then the infrastructure fees established by § 15.73.050 and calculated pursuant to the resolution will be increased in accordance with the terms of the resolution or any subsequent resolution adopted by the Mayor and the CommonCity Council of the city in order to cause the funding of the acquisition, construction and installation of the public improvements. (H) That certain engineers report entitled “Engineers Report - Right-of-Way Improvements - Verdemont Area” (the “engineers report”) sets forth the scope and extent of the right-of-way improvements and the public improvements required in the Verdemont Area and sets forth a reasonable methodology and analysis for the determination of the impact of development on the need for, and costs of, acquisition, construction and installation of the right-of-way improvements and the public improvements in the Verdemont Area. (I) This chapter shall apply only to that area of the city known as the Verdemont Area and is intended to assist in the continued development of the Verdemont Area. (J) The purpose of this chapter is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide right-of-way improvements and public improvements within or for the benefit of the Verdemont Area. (K) The city has the authority to enact this chapter pursuant to the Cal. Gov’t Code, §§ 66000 et seq. and the City Charter, §§ 40(z) and 40(aa). (Ord. MC-707, passed 3-19-1990) § 15.73.020 RULES OF CONSTRUCTION. (A) The provisions of this chapter shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare. (B) For the purposes of administration and enforcement of this chapter, unless otherwise stated in this chapter, the following rules of construction shall apply to the text of this chapter. (1) In the case of any difference of meaning or implication between the text of this chapter and any caption, illustration or summary table, the text shall control. (2) The word “shall” is always mandatory and not discretionary; the word “may” is permissive. (3) Words used in the present tense shall include the future tense; and words used in the singular number shall include the plural, and the plural the singular unless the context clearly indicates to the contrary. (4) The word “person” includes an individual, a corporation, a partnership, an unincorporated association or any other similar entity. (5) The word “includes” shall not limit the term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character. (Ord. MC-707, passed 3-19-1990) § 15.73.030 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DEVELOPMENT. Every project for which Packet Page 1414 Verdemont Area - Infrastructure Fee 107 either: (1) A building permit is required, except that it shall not include those projects increasing either the size or value of a single-family residence by 25% or less; or (2) A permit is required in connection with the installation of a mobile home. ENGINEER’S REPORT. The certain engineer’s report prepared for the Verdemont Area, dated January 3, 1990. EQUIVALENT DWELLING UNIT. Refers to a numerical value designation for residentially zoned property whereby one EQUIVALENT DWELLING UNIT is equivalent to a residential unit whether such residential unit is a single-family attached or detached unit, or multi-family unit within a multi-family structure, or a mobile home. For land uses other than residential uses, the EQUIVALENT DWELLING UNIT shall equal the density of residential units that could be built per acre as determined by the zoning of the immediately adjacent or, if not immediately adjacent, the most proximate residentially zoned property. FEE PAYER. A person commencing a land development activity which generates traffic, necessitates the construction of additional publicly owned facilities or improvements and which requires the issuance of a building permit or a permit for the installation of a mobile home. PUBLIC IMPROVEMENTS. The acquisition, construction and installation of drainage facilities, park facilities, fire station facilities and landscaping, all as more fully described in the engineer’s report. RIGHT-OF-WAY IMPROVEMENTS. The acquisition, construction and installation of full width streets, including full-width paving, curbs and gutters, sidewalks, street lights, sewer mains, storm drains, catch basins and water mains in the following locations and all as more fully described in the engineer’s report. Belmont Avenue Olive to Palm (portions) Palm to just past Little League Drive Pine to Olive (limited portions) Irvington Olive to Magnolia Pine to Olive (portions) Little League Drive Irvington to Verdemont Magnolia Avenue Verdemont Avenue to Little League Drive Meyers Road Little League Drive to New Section New Section to Cable Canyon Ohio Avenue Cable Canyon Road Frontage Road Little League Drive to Meyers Road to Frontage Road (new roadway) Palm Avenue Palm to city limits (Devore) Palm to Pine (portions) Palm to west of Little League Drive Pine to Palm (portions) Verdemont Avenue Olive Avenue Belmont to Irvington Ohio to Belmont (portions) Packet Page 1415 San Bernardino - Buildings and Construction108 Verdemont Avenue to Ohio Portions of Palm Avenue Between Kendall Drive and Verdemont Avenue, which portions are immediately adjacent to undeveloped projects Walnut Avenue Belmont to Ohio (portions) Irvington to Belmont VERDEMONT AREA. The area of the City of San Bernardino, delineated by the Verdemont Area Plan, adopted by the Mayor and CommonCity Council on November 17, 1986, excepting therefrom that area southwesterly of Kendall Drive, from the southerly boundary of the Verdemont Area Plan to Palm Avenue and portions north of Kendall Drive and southeasterly of Pine as shown in the engineer’s report, and southwesterly of Route I-215 Freeway, from Palm Avenue to the northerly boundary of the Verdemont Area plan and as more fully described in the engineer’s report. (Ord. MC-707, passed 3-19-1990) § 15.73.040 PERSONS SUBJECT TO INFRASTRUCTURE FEE. Any person who seeks to develop land within the Verdemont Area by applying for a building permit, an extension of a building permit, a permit for a mobile home installation or an extension of a permit for mobile home installation to make improvements to land which will generate additional traffic or increase the need for public facilities is required to pay an infrastructure fee in the manner set forth in this chapter. (Ord. MC-707, passed 3-19-1990) § 15.73.050 INFRASTRUCTURE FEE. (A) The infrastructure fee for any given parcel of property shall be determined by ascertaining the land use category of the parcel and multiplying the amount of the infrastructure fee by the number of equivalent dwelling units allocated to such land use category. The initial amount of the infrastructure fee shall be set by the resolution, and may be subject to increase pursuant to the terms of any subsequent resolutions to be adopted by the Mayor and CommonCity Council, which resolutions shall provide for increases to the infrastructure fee in order to cover any administrative and carrying costs incurred in connection with the issuance of bonds required in order to finance the acquisition, construction and installation of all or any portion of the right-of-way improvements and/or the public improvements. (B) It is anticipated that there may be certain excess revenues generated in connection with the levy of the infrastructure fee in the initial dollar amounts and to the extent any such excess revenues do exist, said excess revenues will be applied to fund the costs of the acquisition, construction and installation of the public improvements. To the extent said excess revenues do not exist, the infrastructure fee in the dollar amount, as initially established, may be subject to additional increases by subsequent resolutions of the Mayor and CommonCity Council in order to cause the funding of the acquisition, construction and installation of the public improvements. (C) The above-referenced subsequent resolutions and the dollar amount of the infrastructure fee initially established pursuant to this chapter and the resolution shall be reviewed and amended at least annually, or Packet Page 1416 Verdemont Area - Infrastructure Fee 109 more often as may be necessary under the circumstances to reflect any increases in costs. (1) For applications for an extension of a building permit or an extension of a permit for mobile home installation, the amount of the fee is the difference between the fee then applicable and any amounts previously paid in connection with the application for the initial permit. (2) In the case of change of use, rehabilitation, expansion or modification of an existing use which requires the issuance of a building permit or permit for mobile home installation, the infrastructure fee shall be based upon the net positive increase in the demands placed upon the right-of-way improvements and the public improvements by the new or expanded use compared to the previous use or level of use. (Ord. MC-707, passed 3-19-1990) § 15.73.060 TIME OF PAYMENT. (A) (1) Except as may otherwise be provided in division (B) below, each applicant for a commercial or industrial building permit shall pay to the city the then applicable infrastructure fee, as initially established pursuant to this chapter and adjusted pursuant to any subsequent resolutions of the city as more fully described in § 15.73.050, upon the submission to the city of an application for a commercial or industrial building permit, which application is complete and in a form acceptable to the city. Each applicant for a residential building permit who submits an application, which application is complete and in the form acceptable to the city, shall pay to the city the then applicable infrastructure fee, as initially established pursuant to this chapter and adjusted pursuant to any subsequent resolutions of the city as more fully described in § 15.73.050, for all residential units subject to a building permit upon the earlier of the following dates: (a) Upon the date of final inspection of the first dwelling unit completed in the residential development to which the building permit is applicable; or (b) Upon the date a certificate of occupancy is issued for the first dwelling unit completed in the residential development to which the building permit is applicable. (2) In the event the city accepts any payment of infrastructure fees in connection with the submission of a building permit application, which application is incomplete or not in a form satisfactory to the city, all payments made in connection with such application shall be returned to the applicant and such applicant shall be required to submit a complete and acceptable application, and, at the time of such submission, shall pay any then applicable infrastructure fees. Notwithstanding any provision herein to the contrary, the city, by official action of the Mayor and CommonCity Council, may require the payment of applicable infrastructure fees for residential units prior to the approval of a final tract or parcel map applicable to residential development if one of the following conditions are met: (a) The City Director of Development Services has determined that the applicable infrastructure fee will be collected from the subdivider for public improvements or facilities for which an account has been established and funds have been appropriated, and for which the city has adopted a proposed construction schedule or plan; or (b) The applicable infrastructure fee will reimburse the city for expenditures previously made by the city. All applicants for permits for the installation of mobile homes will be subject to the procedures applicable to residential developments set forth hereinabove. (B) Any person or entity who would otherwise be required to pay the infrastructure fee, pursuant to division (A) above, may receive as a credit towards the infrastructure fee attributable to such person or entity, all or a portion of the costs of any right-of-way Packet Page 1417 San Bernardino - Buildings and Construction110 improvements or public improvements that may be or may have been acquired, constructed or installed by such an entity. (C) All funds collected shall be promptly identified as right-of-way/public improvement infrastructure fees and promptly transferred for deposit in the appropriate Right-of-Way/Public Improvement Infrastructure Fee Fund to be held in a separate account and, together with interest earnings thereon, used solely for the purposes specified in this chapter. (D) Notwithstanding anything in this section to the contrary, for any subdivision for which a final map has been approved prior to the effective date of this chapter, the fee established pursuant to § 15.73.050 may be paid at the close of escrow on each individual lot, unless a later time is allowed by this chapter. (Ord. MC-707, passed 3-19-1990; Ord. MC-755, passed 11-21-1990; Ord. MC-1027, passed 9-9-1998) § 15.73.065 DEFERRAL. For the construction of new single-family homes, the fees imposed by § 15.73.060 may be deferred at the request of the owner of the property until the release of utilities is issued or 18 months from the issuance of the building permit, whichever is less. The owner of the property must personally guarantee payment of the fees, sign documents authorizing the city to place a lien on the property in the amount of the fees, agree to place the payment of the fees in any escrow for the sale of the property, authorize the city to demand payment in any such escrow and pay an administrative fee set by resolution of the Mayor and CommonCity Council. The amount of the fees due shall be the amount in effect at the time of collection of the fees. In no event shall utilities be released until the fees are paid, except that electrical service may be released at the discretion of the Building Official where necessary for security or maintenance purposes. (Ord. MC-961, passed 3-20-1996; Ord. MC-1011, passed 12-16-1997; Ord. MC-1044, passed 4-7-1999; Ord. MC-1045, passed 4-20-1999) § 15.73.070 ESTABLISHMENT OF INFRASTRUCTURE FEE FUND. There is established a Right-of-Way/Public Improvement Infrastructure Fee Fund. The funds withdrawn from this account must be used in accordance with the provisions of § 15.73.080. (Ord. MC-707, passed 3-19-1990) § 15.73.080 USE OF FUNDS. (A) Funds collected from the infrastructure fees shall be used for the purpose of causing the acquisition, construction and installation of the right-of-way improvements and/or public improvements within the Verdemont Area, as more specifically described in the engineer’s report. (B) No funds collected pursuant to this chapter shall be used for periodic or routine maintenance. (C) Funds may also be used to pay debt service on bonds or similar debt instruments issued in order to provide financing for the acquisition, construction and installation of the right-of-way improvements and/or the public improvements for which the infrastructure fee may be expended. (Ord. MC-707, passed 3-19-1990) § 15.73.090 REFUNDS. Any funds not expended or encumbered by the end of the calendar quarter immediately following six Packet Page 1418 Verdemont Area - Infrastructure Fee 111 years from the date the infrastructure fee was paid shall, upon application of the then current landowner, be returned to such landowner with accrued interest thereon; provided the landowner submits an application for refund to the City Finance Officer within 180 days of the expiration of the six-year period. (Ord. MC-707, passed 3-19-1990) § 15.73.100 PENALTIES. A violation of this chapter shall be prosecuted in the same manner as misdemeanors are prosecuted and, upon conviction, the violator shall be punishable according to law; however, in addition to or in lieu of any criminal prosecution, the city shall have the power to sue in civil court to enforce the provisions of this chapter. (Ord. MC-707, passed 3-19-1990) § 15.73.110 SEVERABILITY. If any section, phrase, sentence or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or portions hereof shall be deemed to be a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. (Ord. MC-707, passed 3-19-1990) § 15.73.120 OTHER FEES. (A) Notwithstanding the payment of infrastructure fees as set forth in this chapter, any developer or fee payer shall be responsible for the payment of any applicable installation fees, sewer connection fees, water acquisition charges or other fees or charges levied by the city and all other public bodies in connection with the development of property with the Verdemont Area, and such developer or fee payer shall either: (1) Provide for the acquisition, construction and installation of any and all other public improvements required by the city of such developer or fee payer as a condition to approval of any development which are in addition to both: (a) The right-of-way improvements to be funded by the infrastructure fees as established by this chapter in the initial dollar amount; and (b) The public improvements to be funded by subsequent increases to the infrastructure fees or as established by this chapter in the initial dollar amount. (2) Pay any other on- or off-site improvement fees, assessments or special taxes as may be levied by the city as a condition to the approval of any development in lieu of the actual acquisition, construction or installation of public improvements as set forth in division (A)(1) above. (B) Unless a developer or fee payer has provided for the payment of infrastructure fees in an amount to provide for the acquisition, construction and installation of the right-of-way improvements and the public improvements, plus any financing costs, if applicable, or has constructed a proportionate share of the right-of-way improvements and the public improvements, such developer or fee payer shall not be relieved from the obligation to participate in any benefit assessment district or special tax district established for the purpose of funding that portion of the right-of-way improvements and/or the public improvements not covered by the infrastructure fees as may have been previously paid by a developer or fee payer. (Ord. MC-707, passed 3-19-1990) Packet Page 1419 San Bernardino - Buildings and Construction112 Packet Page 1420 CHAPTER 15.74: VIOLATION - PENALTY Section 15.74.010 Violation - penalty § 15.74.010 VIOLATION - PENALTY. (A) Any person, firm or corporation, whether as a principal, agent, employee or otherwise, who erects, constructs, enlarges, alters, repairs, moves, improves, removes, converts or demolishes a building or a structure for which a building permit is required by this title and the adopted codes, and for which a permit has not been obtained from the Building Official, or otherwise violates any provision of the adopted codes, or this title, shall be guilty of either an infraction or a misdemeanor. Any person, firm or corporation, whether as a principal, agent, employee or otherwise, violating, or causing the violation of, any provision of the Fire Code is guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (B) Each day during any part of which the activity prohibited by division (A) above continues, or a violation of the adopted codes continues to exist, shall be a separate and distinct offense. The imposition of any penalty for any violation of this title shall not excuse the violation or permit it to be continued, and all persons shall be required to correct or remedy all such violations or defects within a reasonable time. The application of any penalty shall not be held to prevent the enforced removal of prohibited conditions. (Ord. MC-460, passed 5-15-1985; Ord. MC-728, passed 5-8-1990; Ord. MC-1261, passed 12-4-2007; Ord. MC-1262, passed 12-18-2007) 113 Packet Page 1421 San Bernardino - Buildings and Construction114 Packet Page 1422 TITLE 16: SIGNS Chapter 16.04. RESERVED 16.08. RESERVED 16.12. POLITICAL SIGNS 16.16. STREET BANNER PERMIT 16.18. UNAUTHORIZED SIGNS ON PUBLIC PROPERTY Cross-reference: For additional sign provisions in this code, see Chapter 19.60. Statutory reference: For provisions on local regulation of signs, see Cal. Gov’t Code, §§ 3874438774 and 65850 and Cal. Business and Professions Code, §§ 5229 et seq. 1 Packet Page 1423 San Bernardino - Signs2 Packet Page 1424 CHAPTER 16.04: RESERVED (Repealed by Ord. MC-92, passed 8-18-1981) 3 Packet Page 1425 San Bernardino - Signs4 Packet Page 1426 CHAPTER 16.08: RESERVED (Repealed by Ord. MC-92, passed 8-18-1981) 5 Packet Page 1427 San Bernardino - Signs6 Packet Page 1428 CHAPTER 16.12: POLITICAL SIGNS (Repealed by Ord. MC-1416, passed 8-17-2015) 7 Packet Page 1429 San Bernardino - Signs8 Packet Page 1430 CHAPTER 16.16: STREET BANNER PERMIT Section 16.16.010 Filing of application 16.16.020 Granting of permits 16.16.030 Duration of permit 16.16.040 Deposit 16.16.050 Erection and removal of street banner 16.16.060 Standard specifications 16.16.070 Appeal § 16.16.010 FILING OF APPLICATION. (A) A STREET BANNER is defined as a banner extended over a public street or other public property, either on an established bridge or independently suspended. The locations permissible for the erection of street banners within the city are: (1) The “E” Street pedestrian foot bridge between the Maruko [Radisson] Hotel and Convention Center and Central City Mall. The banner will be installed on hand rails on the south side of the bridge, facing northbound traffic; and (2) On “E” Street, immediately north of Church Street. The banner will be installed between streetlight standards, facing northbound traffic; requests for street banner installation at any other location within the city over a public street will require approval of the City Administrator. (B) An applicant for a street banner permit shall obtain, complete and file with the City Administrator an application which shall contain the following: (1) The location, dimensions and purpose of the banner; (2) A facsimile of the proposed banner; (3) The proposed date when the banner will be installed, which must be at least ten days after the date of the application; (4) The proposed date when the banner will be removed; and (5) A hold harmless clause in language approved by the City Attorney. (Ord. 821, passed 8-9-1921; Ord. 2802, passed 3-14-1967; Ord. 3804, passed 2-8-1979; Ord. MC-689, passed 12-8-1989) § 16.16.020 GRANTING OF PERMITS. Permits for street banners issued under this chapter shall be granted only to non-profit civic organizations or governmental bodies for the purpose of bringing to the attention of the public the events which are of a general public interest, or of welcoming conventions or similar gatherings and shall be subject to such terms and conditions as shall be reasonably imposed. No permits shall be issued to further political or religious purposes, or purposes primarily involving private financial gain. Nothing in this chapter shall be construed to prohibit the issuance of a permit for a 9 Packet Page 1431 San Bernardino - Signs10 street banner welcoming the convention or similar gathering of a private, religious or political organization. (Ord. 821, passed 8-9-1921; Ord. 2802, passed 3-14-1967; Ord. 3804, passed 2-8-1979; Ord. MC-689, passed 12-8-1989) § 16.16.030 DURATION OF PERMIT. Permits for street banners shall be granted for a period of not more than seven days unless a longer period is specifically requested and justified due to special or extraordinary circumstances. (Ord. 821, passed 8-9-1921; Ord. 2802, passed 3-14-1967; Ord. MC-689, passed 12-8-1989) § 16.16.040 DEPOSIT. Each applicant shall make a deposit of money with the city, in an amount specified by resolution, to cover the costs of permit issuance and the cost of erection and removal of each banner where required by this chapter. (Ord. 821, passed 8-9-1921; Ord. 2802, passed 3-14-1967; Ord. 3804, passed 2-8-1979; Ord. MC-144, passed 3-16-1982; Ord. MC-427, passed 1-25-1985; Ord. MC-689, passed 12-8-1989) § 16.16.050 ERECTION AND REMOVAL OF STREET BANNER. Each such banner shall be furnished by the applicant at its cost, at least one day prior to the date the banners to be erected. Each street banner shall be erected and removed by the city. (Ord. 821, passed 8-9-1921; Ord. 2802, passed 3-14-1967; Ord. MC-427, passed 1-25-1985; Ord. MC-689, passed 12-8-1989) § 16.16.060 STANDARD SPECIFICATIONS. Each banner shall be constructed in conformity with the specifications and requirements of the city, as adopted, from time to time, by resolution. (Ord. MC-689, passed 12-8-1989) § 16.16.070 APPEAL. An applicant may appeal to the CommonCity Council from the denial of a permit or from the terms and conditions of a permit. Such appeal shall be in accordance with the provisions of Chapter 2.64. (Ord. 821, passed 8-9-1921; Ord. 3804, passed 2-8-1979; Ord. MC-410, passed 9-17-1984; Ord. MC-689, passed 12-8-1989) Packet Page 1432 CHAPTER 16.18: UNAUTHORIZED SIGNS ON PUBLIC PROPERTY Section 16.18.010 Definitions 16.18.020 Prohibitions 16.18.030 Abatement 16.18.040 Cost of removal 16.18.050 Collection of costs 16.18.060 Violation - penalty 16.18.070 Appeal Editor’s note: Ord. MC-1343, passed 12-20-2010 contains “16.18.070 Appeal” in the table of contents, but does not have any text for that section. This chapter is added by Ord. MC-1343, passed 12-20-2010. § 16.18.010 DEFINITIONS. For the purpose of this chapter only, unless otherwise apparent from context, words and phrases used in this chapter shall have the meanings hereinafter designated. The definitions in this chapter are included for reference purposes only and are not intended to narrow the scope of definitions set forth in federal, state or other applicable laws or regulations. Words used in this chapter in the singular may include the plural and the plural may include the singular. Use of the masculine shall also mean feminine and neuter. CODE. The San Bernardino Municipal Code. DEVELOPMENT CODE. Title 19 of the San Bernardino Municipal Code. DIRECTOR. The Director of Community Development and Housing, or his or her designee. RESPONSIBLE PARTY. The person liable for placement of a sign. The following is a non-exclusive list of facts, which, when found to exist, shall constitute prima facie evidence that a person is a RESPONSIBLE PARTY: (1) Based on information contained on the sign, and information from other sources, the person is identified as the owner or lessee of property used for the activity or event, and/or is the sponsor or promoter of the activity or event described on the sign; and (2) Based on information that appears on the sign, and information from other sources, including, but not limited to, information establishing the individual or corporate identity of the owner of the sign, it is found that the person placed the sign or caused the sign to be placed. SIGN. Any notice, writing of letters, words or numerals, pictorial presentation, illustrations or decorations, emblems or devices, symbols or trademarks, flags, banners or pennants, graphic announcement, posters, pictures or any item used to convey any message or idea. (Ord. MC-1343, passed 12-20-2010; Ord. MC-1625, passed 2-21-2024) § 16.18.020 PROHIBITIONS. No person shall place, affix, erect, extend, project over, suspend or maintain, or cause to be 11 Packet Page 1433 San Bernardino - Signs12 placed, affixed, erected, extended, suspended or maintained, any unauthorized sign in, over or on public property, public utility poles, light poles, public rights-of-way, trees in the public right-of-way or on publicly owned or maintained land unless: (1) The prior approval by the owner of the public property for placement of the sign appears on the sign or has otherwise been provided to the city, in writing, prior to such placement; (2) (a) The public property is a traditional public forum, such as the park or the sidewalk, and the sign is held or personally attended to by one or more persons. (b)PERSONALLY ATTENDED means that the person is in such control of the sign as to prevent the infliction of damage upon the sign or the infliction of physical damage by the sign. (3) Placement is otherwise permitted by the Development Code or other applicable law of the city. (Ord. MC-1343, passed 12-20-2010) § 16.18.030 ABATEMENT. A violation of this chapter shall constitute a public nuisance. The Director is authorized to proceed with the summary abatement of such public nuisance by causing the sign to be removed and destroyed without prior notice to the responsible party. If the responsible party can be identified and located, any sign so removed may be stored by the Director pending any action to recover the city’s costs of removal. (Ord. MC-1343, passed 12-20-2010) § 16.18.040 COST OF REMOVAL. The costs of the removal of any sign by city employees and/or city contractors pursuant to this chapter shall be borne by the responsible party. The costs of removal shall be established by separate resolution of the Mayor and CommonCity Council. (Ord. MC-1343, passed 12-20-2010) § 16.18.050 COLLECTION OF COSTS. Unpaid costs of removal shall be a debt to the city and subject to all remedies for debt collection as allowed by law. (Ord. MC-1343, passed 12-20-2010) § 16.18.060 VIOLATION - PENALTY. (A) A violation of this chapter may be enforced or punished in any manner prescribed by law or through any other process or procedure established or allowed by this code or applicable law. (B) It shall not be a defense to a violation of this chapter that the responsible party was unaware that the property on which the sign was posted is public property. (Ord. MC-1343, passed 12-20-2010) § 16.18.070 APPEAL. [Reserved] (Ord. MC-1343, passed 12-20-2010) Packet Page 1434 TITLE 17: ENVIRONMENTAL PROTECTION Chapter 17.04. RESERVED 17.05. HAZARDOUS WASTE MANAGEMENT PLAN 17.06. WATER WISE LANDSCAPE PROGRAM 17.07. WATER EFFICIENT LANDSCAPE ORDINANCE 17.08. MOBILE SOURCE AIR POLLUTION ORDINANCE 1 Packet Page 1435 San Bernardino - Environmental Protection2 Packet Page 1436 CHAPTER 17.04: RESERVED (Repealed by Ord. MC-781, passed 4-22-1991) 3 Packet Page 1437 San Bernardino - Environmental Protection4 Packet Page 1438 CHAPTER 17.05: HAZARDOUS WASTE MANAGEMENT PLAN Section 17.05.010 Applicability 17.05.020 Hazardous waste facility defined § 17.05.010 APPLICABILITY. Any application for a zoning amendment, subdivision, conditional use permit or variance for a hazardous waste facility shall comply with Chapter 5 of the County Hazardous Waste Management Plan, entitled “Siting of Specified Hazardous Waste Facilities” attached as Attachment “1” and incorporated herein by reference, in addition to complying with all other applicable city ordinances. (Ord. MC-766, passed 12-17-1990) § 17.05.020 HAZARDOUS WASTE FACILITY DEFINED. HAZARDOUS WASTE FACILITY, as defined in Cal. Health and Safety Code, § 25117.1, means all contiguous land and structures, other appurtenances and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste. A HAZARDOUS WASTE FACILITY may consist of one or more treatment, transfer, storage, resource recovery, disposal or recycling hazardous waste management units, or combinations of these units. (Ord. MC-766, passed 12-17-1990) 5 Packet Page 1439 San Bernardino - Environmental Protection6 Packet Page 1440 CHAPTER 17.06: WATER WISE LANDSCAPE PROGRAM Section 17.06.010 Purpose and intent 17.06.020 Definitions 17.06.030 Applicability 17.06.040 Water wise landscape program 17.06.050 Administration 17.06.060 Program requirements 17.06.070 Action on application 17.06.080 Temporary limited exemption from specified code provisions 17.06.090 Fire hazard prohibited 17.06.100 Yard sign 17.06.110 Certificate of completion 17.06.120 Failure to timely complete installation 17.06.130 Withdrawal from program 17.06.140 False statement in required documents 17.06.150 Severability 17.06.160 CEQA exemption § 17.06.010 PURPOSE AND INTENT. (A) The purpose of this chapter is to encourage water conservation in the city by facilitating the voluntary conversion of existing residential landscaping to less water-intensive landscaping. The provisions contained in this chapter are intended to permit property owners to retire existing vegetation by temporary non-irrigation of their property, without being subject to provisions of this code that otherwise would effectively preclude this practice. (B) Except as specifically stated in this chapter, nothing in this chapter shall be construed to exempt any person or property from any otherwise applicable provision of this code. § 17.06.020 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AGREEMENT. The water wise landscape agreement described in this chapter. CITY. The City of San Bernardino. CODE. The Municipal Code of the City of San Bernardino. DEPARTMENT. The Development Services Department of the City of San Bernardino. DIRECTOR. The Director of Development Services of the City of San Bernardino, or his or her designee. GUIDELINES. The Water Wise Landscape Guidelines developed by the Water Resources Institute, California State University, San Bernardino. PERMIT. The water wise landscaping permit described in this chapter. PROGRAM or WATER WISE LANDSCAPE PROGRAM. The City of San Bernardino’s water wise landscape program described in this chapter. WATER WISE LANDSCAPE. A landscape that uses drought tolerant, California friendly landscaping in lieu of large turf areas and that uses efficient irrigation. 7 Packet Page 1441 San Bernardino - Environmental Protection8 § 17.06.030 APPLICABILITY. This chapter shall apply to single-family residential properties in the city. § 17.06.040 WATER WISE LANDSCAPE PROGRAM. There is established the city water wise landscape program. § 17.06.050 ADMINISTRATION. The program shall be administered by the Director through the Department. § 17.06.060 PROGRAM REQUIREMENTS. To participate in the program, a property owner must: (A) Own a single-family residential property in the city with existing landscaping, and occupy the property continuously for the entire period of time that the property is subject to the program; (B) Have the desire and the ability to convert the existing landscaping on the property to less water-intensive landscaping; (C) (1) Sign and submit to the Department a properly completed application for participation in the program, in a form prescribed by the Department for that purpose; and (2) The application must accurately set forth: (a) The street address and Assessor’s Parcel Number of the property; (b) A description of the landscaping that is to be retired and replaced; (c) 1. A description of the water wise landscape that is to be installed; and 2. The landscape must conform to the guidelines, as follows. a. The landscape shall consist of water-efficient, drought tolerant and native plant material, and may include ground covers, small plants, shrubs and appropriate trees. Buffer areas and bioswales may be included and may be designed with rocks, cobble or decomposed granite, landscaped shrubs or accents or suitable ground cover. b. All planted areas must be a minimum of one-inch below adjacent hardscapes (sidewalks and driveways) to eliminate runoff and overflow of irrigation water. c. Mounded or sloped planting areas that would contribute to runoff of irrigation water onto non-irrigated areas, walks, roadways or structures must be avoided. d. Any turf areas shall be set back at least 24 inches from curbs, driveways, sidewalks or any other area that may result in runoff of irrigation water onto streets. e. Plants having similar water requirements should be grouped together in hydrozones so that watering can be done efficiently. f. Annual color plantings should be used only in areas of high visibility where they can be seen and appreciated. Otherwise, perennial plantings should be the primary source of color. g. Landscaping must not obstruct or interfere with street signs, lights or visibility on roads or walkways. (d) The date on which the installation of the replacement landscaping will begin, which shall not be later than 12 months from the date of submittal of the application; and (e) The date on which the installation of the replacement landscaping will be completed, which must not be later than the next May 31 Packet Page 1442 Water Wise Landscape Program 9 immediately following the date on which the installation is to begin. (D) Sign and submit to the Department a properly completed water wise landscape agreement. The agreement shall require that the participant agree to maintain the replacement landscaping to ensure water efficiency. § 17.06.070 ACTION ON APPLICATION. (A) After a properly completed application has been submitted, the Director shall review the application and shall verify that the proposed project will comply with all applicable requirements of this code. Upon making this verification, the Director shall approve the application and shall issue to the applicant a water wise landscaping permit in a form prescribed by the Department. (B) If, in the judgment of the Director, the project will not comply with one or more applicable requirements of this code, the Director shall specify the requirement(s) with which the project will not comply and shall deny the application. § 17.06.080 TEMPORARY LIMITED EXEMPTION FROM SPECIFIED CODE PROVISIONS. (A) From the date on which an application is approved by the Director until the date on which the installation of the replacement landscaping will begin, as stated in the application, the property owner shall not be subject to citation by any city officer for violation of the following provisions of this code, in the following respects only: (1) Section 8.27.010(A), with respect to the prohibition on dry vegetation; (2) Section 8.27.010(B), with respect to the prohibition on dry grass and stubble; (3) Section 8.30.010(D), with respect to the prohibition on vegetation constituting an unsightly appearance. This temporary exemption shall apply only to vegetation that is unsightly due to lack of irrigation; (4) Section 15.24.040(A)(2), with respect to the requirement that planted vegetation be regularly irrigated; and (5) Section 15.24.040(A)(2), with respect to the prohibition on dead vegetation. (B) The exemptions provided for in this section shall apply only to the portion of the property that is to be re-landscaped pursuant to the program. The property owner must maintain the remaining portion of the property in compliance with all applicable provisions of this code at all times. Editor’s note: Ord. MC-1418, passed 11-5-2015 deleted Chapter 8.27 and directed that references to it be directed to Chapter 8.30 and also amended Chapter 8.30; specific divisions referenced may either no longer exist or no longer work as specific references although the content may still be found elsewhere in Chapter 8.30 as a whole. § 17.06.090 FIRE HAZARD PROHIBITED. Notwithstanding any other provision of this chapter, no property shall, at any time, be maintained in such a manner as to constitute a fire hazard. § 17.06.100 YARD SIGN. (A) Each participant in the program shall obtain from the Department and prominently display on the property subject to the program a yard sign indicating that the property is subject to the program, for the purpose of informing city officers that the property is subject to the exemptions provided for in this chapter. (B) The yard sign shall be displayed, at all times, during which the property is subject to the exemptions provided for in this chapter. (C) It shall be the responsibility of the program participant to promptly replace a sign that is lost or stolen. Packet Page 1443 San Bernardino - Environmental Protection10 (D) Knowingly displaying a sign issued by the Department, pursuant to this section, on property that is not covered by a properly issued water wise landscaping permit is a violation of this code. Any person who violates or causes the violation of this provision is guilty of a misdemeanor, and, upon conviction, may be punished in accordance with § 1.12.010. § 17.06.110 CERTIFICATE OF COMPLETION. Upon the completion of the installation of replacement landscaping, pursuant to the program, the owner of the property must sign and submit to the Department a properly completed certificate of completion in a form prescribed by the Department, attesting that the landscaping has been installed in compliance with the approved program application. The certificate of completion must be accompanied by full-color photographs taken from the front perimeter of the property sufficient to illustrate that a water wise landscape has been completed. § 17.06.120 FAILURE TO TIMELY COMPLETE INSTALLATION. A property owner who fails to complete installation of replacement landscaping, pursuant to this chapter, by the next May 31, immediately following the date on which the installation begins, forfeits the exemptions provided for in § 17.06.080 and any other benefits to which program participants are entitled under this chapter. § 17.06.130 WITHDRAWAL FROM PROGRAM. A property owner who obtains a permit but later elects not to continue participation in the program may withdraw from the program by notifying the Director, in writing, of the election to withdraw and paying a withdrawal fee of $100 for each month the permit was in effect, prorated day-by-day for partial months. § 17.06.140 FALSE STATEMENT IN REQUIRED DOCUMENTS. Making a knowingly false statement in any of the documents required for participation in the program is a violation of this code. Any person who violates or causes the violation of this provision is guilty of a misdemeanor, and, upon conviction, may be punished in accordance with § 1.12.010. § 17.06.150 SEVERABILITY. The provisions of this chapter are severable, and, if any sentence, section or other part of this chapter should be found to be invalid, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect. § 17.06.160 CEQA EXEMPTION. The adoption of this chapter is exempt from the provisions of the California Environmental Quality Act, pursuant to § 15061(b)(3) of the Guidelines for Implementation of the California Environmental Quality Act (Title 14, Cal. Code of Regulations, commencing with § 15000), as it can be seen with certainty that there is no possibility that the activity permitted by this chapter may have a significant effect on the environment. (Ord. MC-1311, passed 8-18-2009) Statutory reference: California Environmental Quality Act, see Cal. Public Resources Code, §§ 21000 et seq. Packet Page 1444 Water Wise Landscape Program 11 Packet Page 1445 San Bernardino - Environmental Protection12 Packet Page 1446 CHAPTER 17.07: WATER EFFICIENT LANDSCAPE ORDINANCE (Repealed by Ord. MC-1368, passed 1-9-2012) 13 Packet Page 1447 San Bernardino - Environmental Protection14 Packet Page 1448 CHAPTER 17.08: MOBILE SOURCE AIR POLLUTION ORDINANCE Section 17.08.010 Title 17.08.020 Findings 17.08.030 Intent 17.08.040 Definitions 17.08.050 Administration of vehicle registration fee 17.08.060 Liberal construction § 17.08.010 TITLE. This chapter may be referred to as the “Mobile Source Air Pollution Ordinance.” (Ord. MC-784, passed 5-7-1991) § 17.08.020 FINDINGS. (A) The city finds and declares that the following apply. (1) The city is committed to improving the public health, safety and welfare, including air quality. (2) Mobile sources are a major contributor to air pollution in the South Coast Air Basin. (3) Air quality goals for the region established by state law cannot be met without reducing air pollution from mobile sources. (4) The South Coast Air Quality Management Plan (“AQMP”) calls upon cities and counties to reduce emissions from motor vehicles consistent with the requirements of the California Clean Air Act of 1988 by developing and implementing mobile source air pollution reduction programs. (5) To the extent that such programs place demands upon the city’s funds, those programs should be financed by shifting the responsibility for financing from the General Fund to the motor vehicles creating the demand, to the greatest extent possible. (6) Cal. Health and Safety Code, § 44223, added by action of the California Legislature on September 30, 1990, (Stats. 1990, Ch. 1705), authorizes the South Coast Air Quality Management District (“SCAQMD”) to impose an additional motor vehicle registration fee of $2, commencing on April 1, 1991, increasing to $4, commencing on April 1, 1992, to finance the implementation of transportation measures embodied in the AQMP and provisions of the California Clean Air Act. (7) Forty cents of every dollar collected under the Cal. Health and Safety Code, § 44223 shall be distributed to cities and counties located in the South Coast Air Quality Management District that comply with the Cal. Health and Safety Code, § 44243, based on the jurisdiction’s prorated share of population as defined by the State Department of Finance. (8) The city is located within the South Coast Air Quality Management District and is eligible to receive a portion of revenues from the motor vehicle registration fees upon adoption of this chapter. (9) The city, after careful consideration, finds and declares that the imposition of the motor vehicle registration fee by the SCAQMD to finance mobile source air pollution reduction programs is in the best interest of the general welfare of the city and its residents. (B) Therefore, the city deems it advisable to adopt this chapter. (Ord. MC-784, passed 5-7-1991) 15 Packet Page 1449 San Bernardino - Environmental Protection16 Statutory reference: California Clean Air Act of 1988, see Cal. Stats. of 1988, AB 2595 § 17.08.030 INTENT. This chapter is intended to support the SCAQMD’s imposition of the vehicle registration fee and to bring the city into compliance with the requirements set forth in the Cal. Health and Safety Code, § 44243 in order to receive fee revenues for the purpose of implementing programs to reduce air pollution from motor vehicles. (Ord. MC-784, passed 5-7-1991) § 17.08.040 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CITY. The City of San Bernardino. FEE ADMINISTRATOR. The City Director of Finance and Management Services. MOBILE SOURCE AIR POLLUTION REDUCTION PROGRAMS. Any program or project implemented by the city to reduce air pollution from motor vehicles pursuant to the California Clean Air Act of 1988 or the plan proposed pursuant to Cal. Health and Safety Code, Division 26, Part 3, Chapter 5.5, Article 5 (commencing with § 40460). (Ord. MC-784, passed 5-7-1991; Ord. MC-1625, passed 2-21-2024) Statutory reference: California Clean Air Act of 1988, see Cal. Stats. of 1988, AB 2595 § 17.08.050 ADMINISTRATION OF VEHICLE REGISTRATION FEE. (A)Receipt of fee. Vehicle registration fees due, pursuant to this chapter, disbursed by the SCAQMD and remitted to the city shall be accepted by the Fee Administrator. (B)Transfer of funds. Upon receipt of vehicle registration fees, the Fee Administrator shall be responsible for placement of such funds into a separate account as hereinafter specified. (C)Establishment of Air Quality Improvement Trust Fund. The Fee Administrator shall establish a separate interest-bearing trust fund account in a financial institution authorized to receive deposits of city funds. Interest earned by the account shall be credited to that account and shall be used to finance mobile source air pollution programs. (D)Audits. The city consents to audits, at least once every two years, of all programs and projects funded by vehicle registration fee revenues provided under the Cal. Health and Safety Code, § 44223. (Ord. MC-784, passed 5-7-1991) § 17.08.060 LIBERAL CONSTRUCTION. The provisions of this chapter shall be liberally construed to effectively carry out its purposes, which are found and declared to be in furtherance of the public health, safety, welfare and convenience. (Ord. MC-784, passed 5-7-1991) Packet Page 1450 TITLE 18: RESERVED [Reserved] 1 Packet Page 1451 San Bernardino - Reserved2 Packet Page 1452 TITLE 19: LAND USE/SUBDIVISION REGULATIONS [Reserved] Editor’s note: The city’s land use/subdivision regulations (Prior Code, Chapters 19.02 through 19.74) are adopted by reference as if set out in full herein. Please contact the city for the full regulations. 1 Packet Page 1453 San Bernardino - Land Use/Subdivision Regulations2 Packet Page 1454 PARALLEL REFERENCES References to California Codes References to Ordinances 1 Packet Page 1455 San Bernardino - Parallel References2 Packet Page 1456 REFERENCES TO CALIFORNIA CODES Business and Professions Code Section Code Section 5229 et seq. Title 16 6730.2 2.14.032 Division 3, Chapter 9 13.24.280 Division 3, Chapter 9 (commencing with 7000) 12.03.110 7582 et seq. 5.14.060 Division 5, Chapter 14, Article 12 (§§ 13530 et seq.) 5.64.030 16240 3.64.060 17070 et seq. 3.46.210 17210 8.24.095 19418(a) 5.10.060 19610.4 5.72.010 20700 et seq. Ch. 5.64 Division 8, Chapter 7, Article 8 (20880 et seq.)5.64.030 21500—21639 Ch. 5.56 Division 8, Chapter 9, Article 6 (commencing with 21660)5.30.020 22435.1 5.26.020 22435.2 5.26.060 22435.7(g)5.26.040 22435.7(i)5.26.030; 5.26.060 22453.7(i)5.26.030; 5.26.060 Division 10 5.10.050; 8.99.030 26000 et seq.5.10.010; 5.10.050 26001(f)8.97.020; 8.99.030 26050 et seq.5.18.040 26055(h)5.10.090 26057(b)(4)5.10.070 26090(e)5.10.030 26100 et seq.5.10.350 3 Packet Page 1457 San Bernardino - Parallel References4 Civil Code Section Code Section 25.1 5.36.010 51 9.52.070; 9.96.050 798 et seq.8.90.030 798.3 8.79.470 798.15 et seq.8.90.330 798.17 8.90.050 798.41 8.90.050; 8.90.290 798.49 8.90.050 798.55 et seq.8.90.330 798.56 8.90.050 799.24 9.95.010 799.29 8.90.040; 9.95.010 1941 et seq.15.27.050 2080 2.70.020 2080 et seq.Ch. 2.70 2080.1 2.70.020 2080.2 2.70.020 Code of Civil Procedure Section Code Section 446 8.39.090 683.110—683.220 8.80.605 1094.5 2.45.040; 8.24.110; 8.90.320; 9.95.050 1094.6 1.26.010; 1.26.040; 2.45.040; 3.46.150; 5.04.497; 5.26.070; 8.18.040; 8.18.063; 8.24.110; 8.30.022; 8.30.030; 8.30.045; 8.90.140; 8.90.320; 9.93.160; 9.94.120; 13.25.060 1094.6 et seq.9.92.080; 9.93.140; 9.94.090 1094.8 5.14.120 1285—1287.6 8.80.605 1500 et seq.Ch. 2.70 1822.50 et seq.15.05.040 Elections Code Section Code Section 1002 2.56.060; 2.56.070 4000 2.03.010 4004 2.03.010 Packet Page 1458 References to California Codes 5 Elections Code (Cont’d) Section Code Section 9280 2.56.080 10100 et seq. Ch. 2.56 12001 2.56.060; 2.56.070 15651 2.01.010 Evidence Code Section Code Section 603 9.32.015 604 9.32.015 Family Code Section Code Section 6500 5.36.010 7002 9.68.030 Financial Code Section Code Section Division 3, commencing with 12000 9.60.030 21000—21209 Ch. 5.56 Fish and Game Code Section Code Section 1 et seq. 12.76.045 Food and Agricultural Code Section Code Section 16301 et seq. 5.84.020Title 6 17001 et seq. 6.01.150 29000 et seq. Ch. 8.03 31622 6.09.050 Division 17, Chapter 10.5 (commencing with 47000) 5.30.020 81000 5.10.050 Packet Page 1459 San Bernardino - Parallel References6 Government Code Section Code Section Title 1, Division 3.6, Part 3 (900 et seq.) 3.16.050 Title 1, Division 3.6, Part 3, Chapter 1 3.16.010 900 et seq. 3.12.030; Ch. 3.16 Title 1, Division 3.6, Part 3, Chapter 2 3.16.010 912.4 3.16.030; 3.44.130; 3.46.140 913 3.46.140 935 3.44.130; 3.46.140 945.6 3.16.040; 3.46.140 946 3.16.040; 3.46.140 1094.6 8.90.140 Title 1, Division 5, Chapter 3 12.24.020 5402 Ch. 3.04 Title 1, Division 6, Chapter 10.5 12.24.020 6061 8.63.130 6066 12.90.110; 13.28.040 Title 1, Division 7, Chapter 1 8.15.020 6254 3.46.070 6254(a) 12.21.040 6254(c) 8.50.010 6254(h) 12.21.040 6254(k) 8.50.01012.21.040 6254.4 14.08.16 6254.15 12.21.040 6255 8.50.010; 12.21.040 6500 et seq. 3.46.070 6704 Ch. 2.54; 2.54.010 7920.000 et seq. 14.08.16 Title 1, Division 7, (Chapter 3.510, Part 2, Chapter 1, commencing with 62507921.000) 12.21.040 7922.000 8.50.010; 12.21.040 7922.540(a) 8.50.010 7925.000 3.46.070 7927.410 14.08.16 7927.500 12.21.040 7927.605 12.21.040 7927.700 8.50.010 7927.705 8.50.010; 12.21.040 7928.705 12.21.040 8607 2.46.070 8875.8 15.12.200 8875.9 15.12.200 11370 et seq. 6.14.080 12650 et seq. 3.46.210 20000 et seq. Ch. 2.48 Packet Page 1460 References to California Codes 7 25132 8.19.040 25359 1.20.010 29550.1 3.80.040 29550 et seq. 3.80.010; 3.80.050 29550.1 et seq. 3.80.010; 3.80.050 36512 2.56.060; 2.56.070 36900(b)8.80.602 37100.5 5.18.020 37101 5.18.020; Ch. 3.56 37202 2.10.030 37208 2.10.030 37209 Ch. 2.10 Packet Page 1461 San Bernardino - Parallel References8 Government Code (Cont’d) Section Code Section 38601 Title 15 38660 Title 15 38773.1 5.10.430; 8.18.067; 8.30.056; 8.99.050 38773.5 5.10.430; 8.36.150; 8.99.050 3874438774Title 16 38775 Ch. 12.44 38793 Ch. 12.12; Ch. 13.36 38900 Ch. 13.08 39501 et seq.Ch. 8.18 40805.5 Ch. 2.10 43090 3.40.020 Title 4, Division 4, Chapter 1, Article 2, 43090 et seq.3.40.010 43093 et seq.Ch. 3.40 45345 Ch. 2.48 50020—50022.9 8.19.010 50022.1—50022.8 Ch. 1.01; 1.01.010; 1.01.030 50022.1 et seq.Title 15 50022.6 8.01.010 50022.10 Ch. 1.01; 1.01.010; 1.01.030 51036—51039 5.30.110; 5.30.120 53054 et seq.14.08.21; 14.08.23 53055.1 14.08.23 53055.2 14.08.23 53069.4 6.14.010; 6.14.100; 8.19.040; 8.24.110; 8.80.602; 9.92.010; 9.92.180 53088 et seq.14.08.21; 14.08.23 53088.2(p)14.08.23 53088.2(r)14.08.23 53750 3.46.200 54202 Ch. 3.04 54300 12.84.730 54300 et seq.12.84.410; 12.84.770—12.84.790 54354.5 12.84.410; 12.84.730; 12.84.770 54739 8.80.605 54740.5 8.80.605 54950—54963 2.27.040; 2.58.010; 2.62.010 54950 et seq.2.58.090 54950.5 et seq.2.17.060; 2.45.060 54957.9 2.58.070 65100 et seq.Ch. 2.22 6515065101 Ch. 2.22 65302 8.79.020; 15.08.010 Packet Page 1462 References to California Codes 9 Government Code (Cont’d) Section Code Section 65560 8.79.020 65800 8.79.020 65850Title 16 65864 et seq.3.27.010 66000 et seq.3.27.075; 15.73.010 66410 et seq.3.38.030 66426 5.04.525 66427 5.04.525 66472 3.27.070 66477 3.27.070; 3.27.075; 3.27.110 68097.2(b)9.95.040 68632(a)5.30.120 68632(b)5.30.120 83116 2.55.020 84100 et seq.2.57.010 85301(d)2.55.030 Title 9, Chapter 7, Article 1 (commencing with 87100)2.55.010 Health and Safety Code Section Code Section 480 et seq.8.01.010 500 et seq.8.01.010 Division 1, Part 2, Chapter 8 3.28.010 1155.5 8.01.010 1250 8.24.095 1596.76 5.10.050; 8.97.030 3194 8.50.010 5400 et seq.Ch. 13.08 5410 13.08.020 5410—5416 13.08.020 Division 5, Part 3, Chapter 6, Article 4, 5470 et seq.13.28.010 Division 5, Part 1, Chapter 7 13.24.090 7001—7025 13.24.090 7050—7081 13.24.090 7100—7134 13.24.090 7583—7622 13.24.090 Packet Page 1463 San Bernardino - Parallel References10 Health and Safety Code (Cont’d) Section Code Section 11000 et seq. 9.95.010; 9.98.010; 9.98.020; 9.98.110 11007 9.96.020 11018 5.18.040; 8.97.020; 8.99.030 11018.1 5.18.040 11018.5 5.10.050; 8.97.0208.97.030; 8.99.030 11053—1105811059 9.98.020 Chapter 6 (commencing with 11350) 9.95.010 11353.1 5.10.050; 8.97.030 11357.5 9.98.020; 9.98.040; 9.98.020; 9.98.110 11362.1 8.99.030 11362.1 et seq. 5.10.010; 5.10.050 11362.2 8.99.030 Division 10, Chapter 6, Article 2, 11362.5 5.10.040 11362.5 5.10.050 11362.5 et seq. 8.99.030 11362.7 5.10.050; 8.99.030 11362.7—11362.85 5.10.040 11362.7 et seq.5.10.050; 8.99.030 11362.765 8.99.030 11362.765(c)8.99.040 11362.775(a)5.10.060 11362.775(A); 5.10.310 11375.5 9.98.020 Chapter 6.5 (commencing with 11400) 9.95.010 11401 9.98.020; 9.98.110 11488 et seq. 2.70.060 11532 9.95.010 11590 5.82.050 11591 5.82.050 11591.5 5.82.050 12505 8.61.020 12529 8.60.010 12557 8.61.030 12706 8.61.030 13146.2 15.25.040 13146.2(a)15.25.010 17910 et seq.Title 15 17920.3 15.27.050 17975 et seq.15.27.050 17980 8.18.062; 8.30.043 18000 et seq.Ch. 15.55 18000(a)(2)8.79.470 18001(a)8.79.470 18007 8.79.470 Packet Page 1464 References to California Codes 11 18010 8.79.470 18218 8.90.040 18800—18806 8.90.050 Packet Page 1465 San Bernardino - Parallel References12 Health and Safety Code (Cont’d) Section Code Section 25117.1 17.05.020 25298 8.01.010 Division 26, Part 3, Chapter 5.5, Article 5 (commencing with 40460) 17.08.040 44223 17.08.020; 17.08.050 44243 17.08.020; 17.08.030 101025 et seq. 8.01.010 Division 101, Part 3, Chapter 3 3.28.010 101275 et seq. 8.01.010 101310 8.01.010 101375 et seq. 8.01.010 101450 et seq. 8.01.010 104550 8.73.010 109925 5.10.050; 8.97.030 109935 5.10.050; 8.97.030 Division 10, commencing with 11000 8.83.010 113740(b) 5.04.497 113781 8.24.095 113783 8.24.095 113789 8.24.095 113841 8.24.095 113842 8.24.095 120125 et seq.8.01.010 121575—121635 6.11.010 121690 6.08.010 Labor Code Section Code Section 1720 et seq.12.24.030 1770 12.24.030 1770 et seq.8.90.190 Division 2, Part 9, Chapter 1, Article 1 (2260 et seq.)5.80.200 Division 4 1.20.020 3200 12.03.110 3200 et seq.2.38.050 3201.5 12.21.040 3800 12.03.110 Division 5 1.20.020 6404.5 8.97.040 Penal Code Packet Page 1466 References to California Codes 13 Section Code Section 148.5 9.16.010 186.22(e) 9.95.010 186.22(f) 9.95.010 243.3 5.14.110 246 Ch. 9.84 Packet Page 1467 San Bernardino - Parallel References14 Penal Code (Cont’d) Section Code Section 261 5.14.110 261.5 5.14.110 264.1 5.14.110 266 5.14.110 266a—266k 5.14.110 267 5.14.110 286 5.14.110 286.5 5.14.110 287 5.14.110 288 5.14.110 288a 5.14.110 290 5.14.110; 5.19.050; 5.82.050 290 et seq.5.19.030; 9.97.020 311—311.10 5.14.110 313 9.70.010; 9.70.020 314 5.14.110 315 5.14.110 316 5.14.110 319 et seq.Ch. 9.44 326.3 5.36.015; 5.36.0605.36.065 326.3(u)(1) 5.36.010 326.3(w)(2) 5.36.0605.36.065 326.4 5.36.015; 5.36.0605.36.065 326.5 Ch. 5.36 326.5(1)(2)326.5(l)(1)5.36.050 326.5(l)(2)5.36.050 330 9.44.010; 9.44.020 330 et seq.Ch. 9.44 330a 9.44.010; 9.44.020 365 9.52.060; 9.96.050 374—374.b.5 Ch. 8.15 374.3 Ch. 8.15 374.4 Ch. 8.15 415 9.52.070; 9.96.050 597 6.12.010 597.5(a) 6.09.020 599aa 6.09.020 602 Ch. 9.52 602.5 Ch. 9.52 647 5.14.110; 8.50.010; 9.96.050 647(2) 9.52.070 647(a) 8.50.020 647(b) 8.50.020 Packet Page 1468 References to California Codes 15 Penal Code (Cont’d) Section Code Section 830 10.25.030 830.2(a) 9.90.010 830.2(c) 9.90.010 830.9 9.90.010 830.32 9.90.010 830.32(b) 9.90.010 836.5 2.12.030; 9.90.010; 10.48.090 836.5(a) 2.02.060 853.5 2.02.060; 9.90.010 Part 2, Title 3, Chapter 5C 8.18.030 Part 2, Title 3, Chapter 5C (commencing with 853.5) 6.01.130 Title 3, Part 2, Title 3, Chapters 5D (commencing with 853.5) 6.01.130 853.6 2.02.060; 9.90.010 Chapters 5C of Part 2, Title 3 (commencing with 853.6) 2.12.030 Chapters 5D of Part 2, Title 3 (commencing with 853.6) 2.12.030 Title 3, Part 2, Chapter 5C 6.01.130; 8.18.030 Title 3, Part 2, Title 3, Chapter 5C (853.6 et seq.) 10.48.090 1203.1 1.20.010 1412 8.39.050 11105(b)(11) 5.10.310 1200012001 et seq.Ch. 9.80 12028 8.65.010; 8.65.020 12028.5 8.65.050 12030 8.65.020 12030(d)8.65.020 12030(e)8.65.040 12401 8.65.070 13300(b)(11)5.10.310 Part 4, Title 4, Chapter 1 2.36.010 Chapter 1, 13510(c)2.36.020 Chapter 1, 13512 2.36.030 13520 et seq.Ch. 2.36 Chapter 1, 13522 2.36.020 Chapter 1, 13525 2.36.020 16520 8.65.070 18000 8.65.050 19190 8.65.010—8.65.030 21310 8.65.010—8.65.030 21390 8.65.010—8.65.030 21590 8.65.010—8.65.030 Packet Page 1469 San Bernardino - Parallel References16 29300 8.65.010—8.65.040 Packet Page 1470 References to California Codes 17 Public Contract Code Section Code Section 20161 12.20.010; 12.20.020 20163 12.20.010 20164 12.20.010 20166 12.20.010 20168 12.20.010 Public Resources Code Section Code Section Division 2, Chapter 7.5 15.04.110 Division 3 13.20.010 5181 et seq. Ch. 12.68 Division 6 13.20.010 Division 13 (commencing with 21000) 5.10.090 21000 et seq. 15.37.060; 17.06.160 21050 et seq. 8.01.010 Division 30 (commencing with 40000) 8.24.010 40191 8.24.010 40201 8.24.010 40507 8.24.040 41781.3 8.24.040 42800 to 42859 et seq.—42855 8.24.080 42885 8.24.080 Public Utilities Code Section Code Section 799 3.46.170; 3.46.220 Division 1, Part 1, Chapter 5, Article 2 5.24.170 Division 2.42.5, commencing with 5800 14.08.24 5800 et seq. 14.08.04 6201 et seq. 14.04.020 10001 3.75.010 21411 3.57.090 Revenue and Taxation Code Section Code Section 107.6 12.05.080 327 13.28.030 Division 1, Part 9, Chapter 5 (commencing with 5096) 3.48.110 Packet Page 1471 San Bernardino - Parallel References18 Division 2, Part 1 3.56.040; 3.56.080; 3.57.070; 3.57.100 Division 2, Part I 3.56.040; 3.56.080 Packet Page 1472 References to California Codes 19 Revenue and Taxation Code (Cont’d) Section Code Section Division 2, Part 1 (commencing with 6001) 3.57.060 6066 5.19.030 6067 3.56.050; 3.57.080 6203 3.56.080; 3.57.070 6366 3.56.090; 3.57.090 6366.1 3.56.090; 3.57.090 6701 3.56.040; 3.56.080; 3.57.070 6702 3.56.040; 3.56.080; 3.57.070 6711 3.56.040; 3.56.080; 3.57.070 6715 3.56.040; 3.56.080; 3.57.070 6737 3.56.040; 3.56.080; 3.57.070 6797 3.56.040; 3.56.080; 3.57.070 6828 3.56.040; 3.56.080; 3.57.070 Division 2, Part 1.5 3.56.020; 3.56.040; 3.56.080; 3.56.090; 3.56.100; 3.56.110 7200 et seq. Ch. 3.56 Division 2, Part 1.6 3.57.010; 3.57.060; 3.57.090; 3.57.100; 3.57.110 Division 2, Part 1.6 (commencing with 7251) 3.57.010 Division 2, Part 1.7 3.57.100 7280 Ch. 3.55 7281 Ch. 3.55 7284.6 3.46.070; 3.46.130 7284.7 3.46.130 Division 2, Part 1.7, 7285.9 3.57.010 10701—11053 5.24.010 Division 2, Part 6.7 3.48.100 Division 2, Part 6.7 (commencing with 11901) 3.48.010 11901 et seq. Ch. 3.48 17056 3.44.140 17057 3.44.140 23701(l)5.36.010 23701(a)a 5.36.010 23701(b)b 5.36.010 23701(d)d 5.36.010; 5.36.080 23701(e)e 5.36.010 23701(f)f 5.36.010 23701(g)g 5.36.010 30001 et seq.3.56.110; Ch. 3.60 Packet Page 1473 San Bernardino - Parallel References20 Streets and Highways Code Section Code Section Division 1, Chapter 1, Article 5 3.20.010; 3.20.030 186.3 Ch. 3.20 1468 12.03.110 2106 Ch. 3.20 2107 Ch. 3.20 2113 Ch. 3.20 Division 4 12.28.010 Division 4, 2800 et seq. 12.84.060; 12.84.080; 12.84.090; 12.84.120; 12.84.130; 12.90.040 3110 12.90.040 3114 12.90.110 3115 12.90.110 5000 et seq. 12.28.030 Division 7, being 5000 et seq. 12.94.010 5003 through —5024 12.90.030 5101 12.94.010 5193 12.90.040 5195 12.90.040 5300 through —5325 12.84.210; 12.90.110 Division 7, Part 3, Chapter 22 12.92.020 Division 7, Part 3, Chapter 24 12.92.020 Division 7, Part 3, Chapter 27 12.92.020 5896.1 et seq.Ch. 12.12; Ch. 13.36 Division 10, being 8500 et seq.12.94.010 8570 12.94.010 8680 to —8688 12.84.360; 12.84.410; 12.84.730 8800 to —8809 12.84.410; 12.84.730; 12.90.080 8830 to 8835 12.84.360; 12.84.410; 12.84.730 8830—8837 12.84.360; 12.84.410; 12.84.730 Division 12, 10000 et seq.12.94.010 10100 12.94.010 10350 through —10358 12.90.130 10404(a)12.90.110 10404(b)12.90.110 10404(c)12.90.110 22000 et seq.Ch. 12.40 22531 12.90.030 Division 18, Part 1 (commencing with 31500)12.84.330; 12.84.350 Part 2 (commencing with 32500)12.84.750 35100 et seq.12.84.380; 12.84.410; 12.84.440 Vehicle Code Section Code Section Packet Page 1474 References to California Codes 21 100 et seq.Ch. 10.04 165 10.24.210 Packet Page 1475 San Bernardino - Parallel References22 Vehicle Code (Cont’d) Section Code Section 463 10.25.030 670 10.25.030 2500 et seq. Ch. 5.76 2800 10.24.220 4000 8.30.015 Division 3, Chapter 1 (commencing with 4000) 3.57.090 5004 8.36.130 5202 8.30.015 Division 3.5 (commencing with 9840) 3.57.090 Division 5, Chapter 3 (commencing with 11500)5.28.010 11520 5.28.010 16500 5.76.150 16500 et seq. Ch. 5.24; Ch. 5.76 16501 Ch. 5.24; Ch. 5.76 21100 Ch. 5.24; Ch. 5.76; Ch. 10.08; Ch. 12.56 21100(K) 10.24.210 21100 et seq.Ch. 10.16 21101 Ch. 10.20 21101.2 10.24.220 21106 Ch. 10.28; Ch. 10.36 21112 Ch. 5.24; Ch. 5.76 21114.5 10.16.020 21206 Ch. 10.24 21351 et seq.Ch. 10.12 21450 et seq.Ch. 10.12 21458 Ch. 10.16; Ch. 10.36 21961 Ch. 10.28 22357 10.52.010—10.52.050; 10.52.055 22358 10.52.010—10.52.050; 10.52.055 22360 10.52.010—10.52.04010.52.050; 10.52.055 22360, 28 10.52.050 22500 et seq.Ch. 10.16 22507.5(c)10.16.120 22520.5 9.62.060 22523 10.16.230 22650 et seq.Ch. 8.36 22651 10.16.020; 10.16.150 22651(n)10.16.120 Packet Page 1476 References to California Codes 23 Vehicle Code (Cont’d) Section Code Section 22651.7 10.16.150 22651.9 10.25.020; 10.25.050 22652 Ch. 10.16 22660 through —22664 8.36.010 22852 10.25.020; 10.25.060 23130 Ch. 10.56; 10.56.010 23130.5 Ch. 10.56 24002 8.30.015 27200—27207 Ch. 10.56; 10.56.010 35701 10.24.190 35701 et seq.10.24.190 35703 et seq.10.24.190 35790 8.90.040 Division 16.7 10.48.030 39000 et seq.Ch. 10.48 40001 8.30.015 Vehicle Code, 40202 10.16.150; 10.16.240—10.16.260; 10.16.280 Division 18, Chapter 2, 42200 3.24.010; 3.24.020 Welfare and Institutions Code Section Code Section 625.5 9.68.060 625.5(d)9.68.060 625.5(e)9.68.060 9400 et seq.5.52.010 Water Code Section Code Section Division 7 8.80.103 13050(d)8.80.207 13050(k)8.80.103 Packet Page 1477 San Bernardino - Parallel References24 Packet Page 1478 REFERENCES TO ORDINANCES Ord. No. Date Passed Code Section 442 8-15-10 8.48.010—8.48.030 465 9-5-11 8.51.010; 8.51.020 638 8-22-16 5.56.070—5.56.090 625 12-21-16 8.09.010; 8.09.020 102 11-17-1891 12.32.010—12.32.040 106 1-26-1892 8.87.010; 8.87.020 111 5-17-1892 12.48.020—12.48.050 120 9-13-1892 12.44.030 122 9-27-1892 12.48.010 151 1-16-1894 12.44.040—12.44.080 294 11-17-1903 8.06.010; 8.06.020 295 12-15-1903 12.68.010—12.68.030 335 10-10-1906 12.12.010—12.12.050 347 1-12-1907 2.12.010—2.12.050 404 12-7-1908 5.56.010—5.56.050 421 9-13-1909 8.03.010—8.03.030 475 2-13-1912 12.44.090—12.44.120 536 11-4-1913 9.44.010—9.44.030 541 11-10-1913 14.04.010—14.04.040 562 4-6-1914 12.52.020—12.52.040 614 11-1-1915 12.60.010; 12.60.020 677 6-1-1917 13.04.010—13.04.030 756 1-4-1920 12.36.010 763 3-2-1920 5.04.005—5.04.030; 5.04.055—5.04.110; 5.04.125; 5.04.140; 5.04.150; 5.04.155; 5.04.160; 5.04.195; 5.04.210; 5.04.245; 5.20.010—5.20.160; 5.24.010; 5.24.020; 5.24.150—5.24.170 821 8-9-1921 1.24.010; 2.02.090; 2.66.010; 3.16.010—3.16.040; 5.28.010; 5.64.010—5.64.030; 6.01.030—6.01.050; 6.01.070—6.01.130; 6.03.010—6.03.040; 6.04.010—6.04.050; 6.04.070; 6.04.080; 6.05.020—6.05.040; 6.08.020; 6.08.040—6.08.060; 6.08.080—6.08.110; 6.08.130; 6.11.010; 8.84.010; 8.84.020; 9.08.010—9.08.030; 9.12.010; 9.12.030; 9.12.040; 9.48.010—9.48.030; 9.52.070; 9.56.010; 9.84.010; 10.56.010; 10.56.020; 12.16.020; 12.20.020; 12.20.030; 12.36.020; 12.44.010; 12.44.020; 12.52.010; 16.16.010—16.16.030; 16.16.050; 16.16.070 25 Packet Page 1479 San Bernardino - Parallel References26 858 4-11-1922 3.36.010—3.36.030 1003 11-14-1923 6.03.010 1263 12-8-1925 12.52.010 1301 5-12-1926 12.36.020 1482 10-20-1931 6.08.060 1489 3-8-1932 5.04.140; 5.04.155 1492 6-21-1932 9.64.010—9.64.030 1525 1-8-1934 5.04.090 1530 7-3-1934 9.08.010—9.08.030 1547 6-11-1935 3.20.010—3.20.030 1554 10-22-1935 9.32.010—9.32.060 1557 1-28-1936 3.20.010—3.20.030 1613 7-19-1938 5.56.040; 5.56.050 1645 8-20-1940 9.52.010—9.52.050 1652 3-18-1941 10.04.010—10.04.030; 10.04.060; 10.04.080—10.04.180; 10.08.010; 10.08.020; 10.12.010—10.12.050; 10.16.010—10.16.200; 10.20.010—10.20.030; 10.24.010—10.24.060; 10.24.090; 10.24.100; 10.24.120—10.24.200; 10.28.010; 10.28.020; 10.28.040; 10.28.050; 10.32.030—10.32.060; 10.36.010; 10.36.020; 10.40.010; 10.40.020; 10.44.010 1655 4-8-1941 12.40.010—12.40.130 1657 4-22-1941 9.28.010—9.28.040 1706 12-21-1943 10.12.020 1713 - -1944 2.12.010; 2.12.020 1729 11-30-1944 5.04.125; 5.04.195 1730 1-3-1945 10.36.010 1734 2-6-1945 2.48.010; 2.48.020 1739 4-12-1945 12.72.010—12.72.050 1755 3-27-1946 10.16.110 1761 5-25-1946 12.76.010—12.76.050 1785 4-8-1947 8.87.030; 8.87.040; 8.87.060 1800 9-22-1947 5.04.160; 5.04.245 1811 10-7-1947 2.54.010 1815 2-27-1948 2.22.010; 2.22.020 1816 3-9-1948 3.24.010; 3.24.020 1825 4-27-1948 3.28.010; 3.28.020 1851 4-5-1949 5.04.210 1872 12-6-1949 2.28.010; 2.28.020 1900 11-30-1950 12.36.030; 12.36.030 1915 5-22-1951 9.68.010; 9.68.060 1918 7-2-1951 2.66.010 1925 11-6-1951 8.54.010—8.54.040 1885 5-2-1952 12.40.140 Packet Page 1480 References to Ordinances 27 1949 7-22-1952 10.12.030; 10.28.040 1950 7-22-1952 10.48.010—10.48.110 1951 7-22-1952 5.56.030 1963 11-18-1952 12.28.060—12.28.110 1987 7-7-1953 5.76.010—5.76.050; 5.76.070—5.76.450; 5.76.500—5.76.530; 5.76.580 1988 7-21-1953 8.63.010—8.63.100; 8.63.120—8.63.140 2003 11-17-1953 9.16.010; 9.16.020 2005 11-24-1953 8.66.010—8.66.080 2014 1-19-1954 15.36.010 2040 8-3-1954 12.16.010; 12.16.020 2048 10-5-1954 2.56.010—2.56.080 2063 5-17-1955 12.28.010—12.28.050 2075 9-21-1955 10.16.120 2078 11-8-1955 5.76.170; 5.76.230; 5.76.240; 5.76.260; 5.76.350; 5.76.360; 5.76.510 2096 2-21-1956 8.57.010—8.57.090 2100 3-6-1956 5.52.010—5.52.100 2102 4-3-1956 8.54.020 2105 4-3-1956 10.52.010—10.52.060 2118 5-31-1956 3.56.010—3.56.110 2121 6-19-1956 2.70.010—2.70.050 2135 8-21-1956 2.52.010 2154 1-22-1957 5.76.280; 5.76.310; 5.76.370 2158 2-11-1957 13.08.010; 13.08.020 2162 2-19-1957 14.04.020 2163 2-19-1957 12.32.050; 12.32.070 2168 5-7-1957 13.12.010—13.12.040 2171 5-13-1957 6.08.110 2192 10-22-1957 8.63.020 2227 7-1-1958 5.04.150 2247 11-12-1958 5.04.030 2265 6-23-1959 12.36.030 2273 9-22-1959 12.40.070; 12.40.120; 12.40.130 2284 2-24-1960 2.58.010 2288 3-8-1960 10.28.050 2291 3-29-1960 15.28.010; 15.28.020; 15.28.140—15.28.170 2347 3-27-1961 12.44.040 2367 7-5-1961 5.76.430; 5.76.440 2374 7-24-1961 3.32.010; 3.32.020 2386 9-5-1961 12.24.010; 12.24.020 2392 9-26-1961 10.04.150; 10.52.060 2397 11-21-1961 2.02.010—2.02.080 2398 9-21-1961 2.06.010; 2.06.020 Packet Page 1481 San Bernardino - Parallel References28 2400 11-28-1961 2.36.010; 2.36.020 2403 12-11-1961 10.16.130 2406 12-19-1961 3.56.030; 3.56.080 2417 2-14-1962 8.84.010; 8.84.020 2429 3-27-1962 2.56.040; 2.56.060; 2.56.080 2431 4-2-1962 15.48.010—15.48.100 2449 7-24-1962 2.50.010; 2.50.020 2455 8-13-1962 5.28.010 2457 8-24-1962 5.56.010 2481 1-29-1963 2.04.010 2498 5-14-1963 8.66.020 2508 7-2-1963 3.36.030 2510 7-16-1963 8.66.030 2519 8-20-1963 12.28.060 2537 11-19-1963 10.16.110 2552 1-28-1964 9.28.010—9.28.040 2561 3-3-1964 6.08.080; 6.08.100 2579 5-26-1964 10.24.170; 10.24.180 2588 6-23-1964 3.04.010—3.04.100; 5.32.010—5.32.110 2592 7-7-1964 3.56.020 2598 7-25-1964 5.32.030 2613 9-29-1964 10.16.140 2622 11-17-1964 2.64.010—2.64.050; 2.64.070 2643 2-2-1965 9.44.010; 9.44.020 2654 3-9-1965 3.12.030 2664 4-13-1965 9.16.010 2673 6-27-1965 1.12.010; 1.12.020 2690 10-5-1965 10.04.060 2700 11-2-1965 12.76.030 2711 12-14-1965 3.64.010; 3.64.020; 3.64.050 2730 3-15-1966 3.64.020 2732 4-5-1966 8.15.010—8.15.120; 8.15.140—8.15.170 2733 4-5-1966 5.76.160 2743 5-17-1966 3.32.010; 3.32.020 2747 5-24-1966 8.15.020 2754 6-3-1966 10.16.150 2768 8-23-1966 10.16.040 2779 11-8-1966 2.56.030 2784 11-29-1966 15.36.010 2802 3-14-1967 16.16.010—16.16.050 2809 3-28-1967 5.04.065 2811 4-11-1967 3.55.180 2812 4-18-1967 2.22.020 2828 6-27-1967 2.38.010—2.38.120 Packet Page 1482 References to Ordinances 29 2836 8-15-1967 2.02.010 2844 8-29-1967 12.76.010 2855 10-3-1967 2.10.010; 2.10.020; 2.10.040 2856 10-3-1967 10.12.030 2867 11-28-1967 3.48.010—3.48.110 2884 2-6-1968 8.60.010—8.60.050; 8.60.070—8.60.110; 8.60.130; 8.60.150 2900 4-23-1968 5.80.010—5.80.030; 5.80.050—5.80.220 2915 6-25-1968 10.24.190 2917 6-25-1968 10.24.170 2919 7-2-1968 13.36.010—13.36.120 2926 7-30-1968 6.08.020 2931 8-13-1968 3.44.010; 3.44.020; 3.44.050—3.44.130; 3.44.135; 3.44.150 2934 8-20-1968 2.62.010; 2.62.020 2939 9-11-1968 9.84.010 2968 1-21-1969 6.11.010 2969 1-21-1969 8.30.070; 8.36.020—8.36.150 2979 3-18-1969 5.76.030; 5.76.350; 5.76.520; 5.76.530 2997 7-1-1969 12.44.110 3002 7-15-1969 5.76.130; 5.76.150; 5.76.340 3007 8-19-1969 13.12.010—13.12.030 3016 9-23-1969 12.40.010; 12.40.060; 12.40.100 3022 10-21-1969 5.76.040; 5.76.050; 5.76.070; 5.76.080; 5.76.220; 5.76.320; 5.76.340; 5.76.390; 5.76.420 3031 12-9-1969 15.48.030; 15.48.050—15.48.070 3035 12-16-1969 10.44.010 3038 12-23-1969 9.12.010; 9.12.030 3064 4-7-1970 15.68.010—15.68.050 3070 5-12-1970 5.80.140; 5.80.150 3074 6-2-1970 2.50.010 3086 6-30-1970 10.56.010; 10.56.020 3095 8-11-1970 9.56.010 3120 11-10-1970 2.02.030 3126 12-1-1970 2.22.020 3150 3-2-1971 2.50.010 3155 3-9-1971 8.63.090; 8.63.130 3185 7-13-1971 6.08.080 3212 11-16-1971 3.64.050 3216 12-21-1971 2.22.010 3217 12-21-1971 13.36.100 3220 12-21-1971 8.78.010—8.78.030 3222 1-4-1972 1.16.010 3224 1-4-1972 12.20.020 Packet Page 1483 San Bernardino - Parallel References30 3226 1-4-1972 2.50.010 3227 1-4-1972 15.28.140—15.28.170 3233 1-18-1972 10.04.010; 10.04.100 3236 2-25-1972 8.60.050 3245 3-8-1972 5.04.060 3265 5-5-1972 9.32.040 3267 5-17-1972 8.36.100 3268 5-17-1972 5.04.070 3271 6-28-1972 2.56.040 3273 7-14-1972 2.70.020; 2.70.030 3275 7-14-1972 12.16.020 3285 8-24-1972 2.10.040 3286 8-24-1972 2.02.050 3292 9-25-1972 3.64.010; 3.64.040 3293 9-25-1972 3.64.030 3300 10-24-1972 8.57.040 3301 10-24-1972 6.01.130 3306 10-24-1972 2.56.070 3307 11-9-1972 6.08.060 3313 12-7-1972 2.50.010 3315 12-7-1972 10.16.010 3326 1-3-1973 12.80.010—12.80.050; 12.80.130; 12.80.140 3328 1-17-1973 10.16.010; 10.16.020; 10.16.050—10.16.070 3329 2-16-1973 10.24.200 3330 2-16-1973 1.20.010; 1.20.020 3334 2-28-1973 6.01.030—6.01.050; 6.01.070—6.01.120 3346 5-11-1973 12.32.050 3354 6-8-1973 3.48.090 3363 8-9-1973 2.50.010 3365 8-9-1973 10.52.030; 10.52.050 3367 8-22-1973 8.18.010—8.18.090 3370 8-22-1973 3.04.100 3378 10-4-1973 3.56.050; 3.56.060; 3.56.090 3383 10-17-1973 2.62.020 3406 3-4-1974 5.76.200 3407 3-6-1974 13.08.010 3412 3-19-1974 5.76.200 3414 4-4-1974 5.64.010—5.64.030 3419 4-19-1974 8.36.080—8.36.120 3426 5-20-1974 2.10.020 3432 6-17-1974 12.28.080; 12.28.090 3433 6-24-1974 3.55.180 3448 10-30-1974 2.56.010 3452 10-30-1974 6.08.050; 6.08.130 Packet Page 1484 References to Ordinances 31 3455 11-5-1974 12.68.010; 12.68.020 3462 12-10-1974 3.08.010 3465 12-17-1974 6.03.020; 6.04.010—6.04.050; 6.04.070; 6.04.080; 6.05.020—6.05.040; 6.08.110; 9.52.070 3470 12-17-1974 5.44.010—5.44.120 3472 1-8-1975 2.08.010 3474 1-22-1975 15.48.080 3475 1-22-1975 13.24.010—13.24.430 3481 3-12-1975 15.28.010; 15.28.020 3486 3-19-1975 5.76.020; 5.76.030; 5.76.530 3488 3-19-1975 10.48.010—10.48.110 3495 4-24-1975 5.20.010—5.20.160 3497 5-16-1975 10.16.150 3505 6-17-1975 3.44.135 3510 6-27-1975 3.44.050; 3.44.060 3512 7-15-1975 2.14.040 3514 8-6-1975 3.04.070 3518 8-19-1975 8.18.010 3519 8-19-1975 10.16.120 3520 8-19-1975 9.12.040 3525 9-10-1975 12.80.050 3526 9-10-1975 2.50.010 3529 9-16-1975 3.56.020; 3.56.030; 3.56.070 3531 10-7-1975 3.04.080; 3.04.090 3533 10-28-1975 13.28.010—13.28.120 3538 10-28-1975 10.24.200 3541 11-26-1975 2.52.010 3542 12-11-1975 5.44.010—5.44.120 3551 2-4-1976 2.50.010 3554 2-18-1976 10.24.090 3555 2-18-1976 10.16.150 3556 2-18-1976 2.27.060 3562 3-17-1976 5.44.010 3577 6-7-1976 6.08.040 3581 6-21-1976 5.04.075 3582 6-21-1976 6.04.030 3584 7-6-1976 5.76.020; 5.76.350; 5.76.500; 5.76.510 3585 7-6-1976 5.76.090; 5.76.200; 5.76.210; 5.76.280; 5.76.290; 5.76.320; 5.76.340 3589 7-6-1976 12.84.010—12.84.790 3593 8-2-1976 15.28.150 3594 8-3-1976 5.04.025 3601 9-7-1976 2.56.010; 2.56.020; 2.56.080 3603 9-20-1976 12.84.220; 12.84.230; 12.84.310; 12.84.320; 12.84.730 3606 10-26-1976 5.36.010—5.36.200 Packet Page 1485 San Bernardino - Parallel References32 3611 12-20-1976 8.63.130 3613 12-20-1976 6.08.020 3627 2-24-1977 5.24.010; 5.24.020; 5.24.150—5.24.170 3628 2-24-1977 15.36.010 3638 4-20-1977 2.58.020 3641 5-25-1977 3.36.010 3643 5-25-1977 12.80.130 3651 6-29-1977 3.08.020 3652 7-15-1977 2.58.010 3653 7-15-1977 8.73.040 3658 7-18-1977 10.12.010 3665 9-2-1977 2.27.060 3671 9-2-1977 10.52.020 3672 9-16-1977 10.52.020 3675 9-21-1977 8.69.010 3676 10-4-1977 2.50.010 3684 11-9-1977 5.36.010; 5.36.020; 5.36.040; 5.36.060; 5.36.080; 5.36.100; 5.36.140 3685 11-9-1977 8.36.020; 8.36.030; 8.36.050; 8.30.070; 8.36.090; 8.36.130; 8.36.140 3688 11-9-1977 2.28.010 3698 12-21-1977 12.68.020 3701 1-24-1978 8.18.010; 8.18.030—8.18.050 3703 2-9-1978 8.15.170 3704 2-9-1978 12.88.010; 12.88.020 3708 3-2-1978 2.28.010 3711 3-7-1978 12.44.030 3717 4-19-1978 10.52.010 3718 4-19-1978 10.24.190 3723 5-4-1978 3.04.070 3724 5-4-1978 5.36.050 3732 6-16-1978 2.28.010 3733 6-28-1978 10.16.150; 10.24.170 3736 7-5-1978 10.16.010 3750 8-21-1978 5.76.200 3743 8-25-1978 10.16.170 3746 8-25-1978 10.52.020 3751 8-25-1978 1.08.010—1.08.090 3759 9-13-1978 12.84.300 3770 10-6-1978 2.68.010—2.68.030 3772 11-9-1978 9.04.010—9.04.040 3774 11-9-1978 12.28.110 3784 11-22-1978 10.52.010 3792 12-20-1978 2.56.030 Packet Page 1486 References to Ordinances 33 3795 1-9-1979 10.48.010; 10.48.030; 10.48.040 3796 1-9-1979 3.44.050—3.44.080; 3.44.100—3.44.130 3803 2-8-1979 6.08.080 3804 2-8-1979 16.16.010—16.16.030; 16.16.070 3817 5-9-1979 10.16.120 3827 5-22-1979 6.08.080 3835 6-19-1979 13.08.020 3837 6-19-1979 10.16.010 3838 6-19-1979 8.18.040; 8.18.050 3842 7-11-1979 2.06.020 3843 7-11-1979 1.04.010—1.04.090 3844 7-11-1979 10.16.150 3845 7-11-1979 10.16.010 3846 7-11-1979 3.55.180 3848 7-11-1979 3.48.050; 3.48.060; 3.48.090 3849 7-25-1979 10.52.020 3854 8-21-1979 10.52.020; 10.52.030 3855 8-21-1979 10.16.150; 10.16.170; 10.16.190 3858 8-21-1979 9.48.010—9.48.030 3861 9-12-1979 3.44.135 3867 9-18-1979 9.32.010; 9.32.015 3868 9-18-1979 12.68.020 3869 9-18-1979 8.63.130 3874 10-16-1979 10.52.030 3877 11-7-1979 5.76.280; 5.76.290 3878 11-7-1979 5.76.500 3880 11-20-1979 10.16.110; 10.16.140; 10.16.170; 10.16.190; 10.16.200 3883 11-20-1979 2.02.090 3887 12-6-1979 5.04.030 3893 1-9-1980 3.04.070; 3.04.080 3896 1-9-1980 9.20.010; 9.20.020 3904 1-24-1980 3.40.010; 3.40.020 3918 2-25-1980 12.28.060; 12.28.080 3920 2-25-1980 9.12.040 3921 2-25-1980 2.52.010 3926 4-14-1980 6.01.130 3934 5-12-1980 14.08.27 3937 5-12-1980 6.08.040 3943 6-3-1980 5.76.020; 5.76.140; 5.76.500 3949 7-9-1980 5.04.071 3950 7-9-1980 12.44.030 3952 7-22-1980 14.08.27 3955 8-8-1980 3.10.010 3959 8-8-1980 10.52.020; 10.52.030 Packet Page 1487 San Bernardino - Parallel References34 3960 8-20-1980 10.16.120 3965 9-10-1980 6.08.080 3966 9-10-1980 10.52.020 3968 9-23-1980 6.01.130 3971 9-24-1980 15.48.030; 15.48.040 3976 10-8-1980 5.36.010; 5.36.080 3981 10-29-1980 1.01.010—1.01.100 MC-15 12-9-1980 2.28.010 MC-16 12-9-1980 5.76.150 MC-21 1-7-1981 6.01.150 MC-26 1-20-1981 5.72.010; 5.72.020 MC-28 2-3-1981 8.63.110 MC-36 3-25-1981 1.01.040 MC-42 4-8-1981 10.16.170 MC-46 4-27-1981 5.80.040 MC-47 4-27-1981 2.72.010 MC-50 5-7-1981 6.08.040; 6.08.080; 6.08.130 MC-64 6-19-1981 2.74.010—2.74.040 MC-65 6-19-1981 Ch. 9.40; 10.24.070 MC-80 7-8-1981 10.24.190 MC-81 7-8-1981 10.52.020 MC-84 7-21-1981 Ch. 15.64 MC-85 8-4-1981 1.26.010; 1.26.020 MC-88 8-4-1981 6.08.080 MC-92 8-18-1981 Ch. 16.04; Ch. 16.08 MC-93 9-2-1981 10.52.010—10.52.050 MC-98 9-15-1981 2.58.010 MC-106 10-7-1981 2.28.030 MC-114 11-16-1981 10.52.030 MC-118 11-16-1981 5.04.030; 5.20.150 MC-119 11-16-1981 5.76.060 MC-125 1-7-1982 8.81.010; 8.81.030—8.81.080; 8.81.100—8.81.160 MC-126 1-7-1982 3.38.010—3.38.050 MC-127 1-7-1982 2.22.020 MC-130 1-7-1982 5.44.020 MC-144 3-16-1982 16.16.030 MC-145 3-16-1982 6.01.150; 6.08.080 MC-146 3-16-1982 5.36.010; 5.36.020; 5.36.040; 5.36.060; 5.36.080 MC-149 4-7-1982 12.94.010—12.94.030 MC-150 4-7-1982 12.90.010—12.90.130 MC-153 4-20-1982 8.36.030 MC-155 4-20-1982 3.38.040 MC-161 5-5-1982 10.28.030 MC-165 5-5-1982 Ch. 9.36 Packet Page 1488 References to Ordinances 35 MC-170 6-8-1982 10.52.020 MC-175 6-28-1982 2.28.010 MC-174 6-29-1982 2.28.040 MC-177 7-7-1982 15.28.140; 15.28.150 MC-178 7-7-1982 8.18.060; 8.18.070 MC-183 7-7-1982 3.04.070; 3.04.080 MC-184 7-7-1982 2.58.020 MC-190 7-13-1982 5.76.500 MC-192 7-22-1982 5.44.020—5.44.030; 5.44.070—5.44.086; 5.44.100; 5.44.130 MC-194 8-3-1982 5.04.030 MC-195 8-3-1982 5.76.500 MC-198 8-11-1982 2.04.010; 2.04.020 MC-199 8-17-1982 10.52.020; 10.52.030 MC-201 8-17-1982 8.81.010; 8.81.070; 8.81.080; 8.81.100; 8.81.110; 8.81.150; 8.81.160 MC-207 9-20-1982 9.32.040 MC-209 9-20-1982 8.50.010—8.50.060 MC-210 9-20-1982 10.04.050; 10.24.110 MC-216 10-25-1982 1.26.010—1.26.040 MC-217 11-2-1982 6.05.020; 6.05.030 MC-219 11-2-1982 8.60.010; 8.60.050; 8.60.060 MC-228 12-7-1982 15.28.140 MC-229 12-21-1982 13.28.010—13.28.030; 13.28.060 MC-230 12-21-1982 2.50.010 MC-236 12-21-1982 8.81.040; 8.81.050 MC-241 12-21-1982 8.18.010; 8.18.030; 8.18.070 MC-254 3-9-1983 8.15.170; 9.90.010 MC-258 3-28-1983 14.08.27 MC-266 4-21-1983 6.08.090 MC-268 4-26-1983 2.56.001 MC-273 5-23-1983 13.32.010 MC-277 6-8-1983 2.17.020—2.17.070; 2.22.010; 2.22.020; 2.22.040; 2.22.060; 2.45.010; 2.45.070; 5.76.460—5.76.480; 5.76.560 MC-279 6-21-1983 8.18.080 MC-280 6-21-1983 8.18.082 MC-282 6-21-1983 10.52.010; 10.52.020 MC-287 7-7-1983 5.04.030 MC-288 7-7-1983 3.55.180 MC-294 8-3-1983 Ch. 5.08 MC-295 8-3-1983 5.04.075 MC-296 8-3-1983 3.55.180 MC-297 8-4-1983 3.44.050; 3.44.060; 3.44.135; 3.44.144; 3.44.160 Packet Page 1489 San Bernardino - Parallel References36 MC-298 8-17-1983 13.20.010—13.20.440 MC-302 9-7-1983 5.04.020—5.04.045; 5.04.125; 5.04.155; 5.04.160; 5.04.180—5.04.200; 5.04.240; 5.04.300; 5.04.305; 5.04.365—5.04.410; 5.04.445; 5.04.460; 5.04.465; 5.04.495; 5.04.510; 5.04.525; 5.04.550; 5.04.555; 5.04.565; 5.04.570; 5.04.575; 5.04.585; 5.04.590; 5.84.010; 5.84.020 MC-310 10-25-1983 3.08.020 MC-314 11-7-1983 5.36.060 MC-320 12-6-1983 12.28.060 MC-324 12-6-1983 2.50.010 MC-325 12-6-1983 12.40.010—12.40.140 MC-326 12-20-1983 3.56.060; 3.56.090 MC-330 12-20-1983 3.44.140 MC-331 1-10-1984 3.44.170 MC-337 1-25-1984 3.44.080 MC-338 1-25-1984 1.28.010—1.28.030 MC-339 2-14-1984 5.04.215 MC-342 2-22-1984 3.08.020 MC-344 2-22-1984 2.14.010—2.14.040; 2.15.010; 2.15.020; 8.18.040—8.18.070; 8.66.020; 8.66.040; 8.66.060; 8.66.070; 10.12.010—10.12.030; 10.16.010—10.16.030; 10.16.060; 10.16.070; 10.16.090; 10.16.200; 10.20.010; 10.24.040; 10.24.190; 10.24.200; 10.28.050; 10.36.010; 10.36.020; 10.44.010; 10.52.060; 12.12.020; 12.12.040; 12.32.050; 12.40.010; 12.40.040—12.40.100; 12.40.120; 12.40.130; 12.44.050; 12.48.030; 12.48.040 MC-345 3-7-1984 2.76.010—2.76.030 MC-349 3-7-1984 12.90.040 MC-352 3-7-1984 9.32.015; 9.32.050 MC-355 3-22-1984 9.49.010—9.49.050 MC-362 4-17-1984 2.76.010—2.76.030 MC-363 4-17-1984 6.08.040 MC-370 5-22-1984 8.60.030—8.69.070 MC-372 5-22-1984 9.90.010 MC-376 6-5-1984 3.55.180 MC-382 6-20-1984 5.04.115—5.04.130; 5.04.150; 5.04.170; 5.04.210; 5.04.225; 5.04.235; 5.04.250—5.04.260; 5.04.340; 5.04.375; 5.04.425; 5.04.430; 5.04.450; 5.04.470—5.04.485; 5.04.515; 5.04.525; 5.04.580 MC-390 7-9-1984 2.58.030 MC-388 7-11-1984 6.12.010 MC-391 7-11-1984 5.56.040 MC-401 8-21-1984 10.16.090 Packet Page 1490 References to Ordinances 37 MC-402 8-21-1984 8.87.050 MC-404 8-21-1984 9.90.010 MC-410 9-18-1984 1.26.010; 2.64.020; 2.64.040; 2.64.050; 2.64.070; 5.80.220; 8.36.120; 16.16.070 MC-415 10-16-1984 10.16.210 MC-418 10-16-1984 6.03.030 MC-423 11-9-1984 10.44.020 MC-424 12-18-1984 5.76.140 MC-427 1-25-1985 16.16.040; 16.16.050 MC-431 1-25-1985 3.04.010 MC-433 2-5-1985 3.38.040 MC-434 2-5-1985 10.52.020 MC-438 2-19-1985 10.52.020; 10.52.050 MC-452 4-15-1985 3.38.060 MC-449 4-17-1985 10.52.010; 10.52.020; 10.52.040 MC-455 5-13-1985 1.12.010; 1.12.020 MC-460 5-15-1985 2.12.010—2.12.050; 2.28.020; 2.38.120; 3.44.150; 5.04.355; 5.04.370; 5.04.635; 5.20.100; 5.32.120; 5.36.020; 5.36.070; 5.36.090; 5.36.120; 5.44.130; Ch. 5.48; 5.52.020; 5.52.110; 5.56.060; 5.76.030; 5.76.570; 5.76.590; 5.80.230; 5.84.015; 6.01.130; 6.08.020; 6.08.110; 6.11.010; 6.13.010; 8.03.030; 8.06.020; Ch. 8.07; 8.09.020; Ch. 8.12; 8.15.030; 8.15.050—8.15.120; 8.15.140; 8.15.160; 8.15.170; 8.18.030; 8.18.090; 8.48.020; 8.50.040; 8.51.020; 8.54.040; 8.57.030; 8.57.040; 8.57.080; 8.57.090; 8.60.020; 8.60.150; 8.60.070; 8.63.140; 8.66.030; 8.66.080; 8.78.010; 8.78.030; 8.81.070; 8.81.130; 8.84.020; 8.87.020; 8.87.060; 9.04.010; 9.04.030; 9.08.030; 9.12.010; 9.12.030; 9.12.040; 9.16.010; 9.16.020; 9.28.030; 9.32.050; 9.44.030; 9.52.060—9.52.080; 9.56.010; 9.64.030; 9.68.060; 10.12.030; 10.16.010; 10.16.080; 10.16.100; 10.16.140; 10.24.050; 10.24.080; 10.24.120; 10.24.140—10.24.160; 10.24.180; 10.24.200; 10.32.010; 10.32.020; 10.32.060; 10.38.010—10.38.040; 10.44.010; 10.48.020; 10.48.100; 10.56.010; 12.12.050; 12.28.060; 12.28.100; 12.28.110; 12.32.040; 12.32.070; 12.36.030; 12.40.110; 12.40.140; 12.44.030; 12.44.040; 12.44.080; 12.44.120; 12.48.010; 12.48.050; 12.52.040; 12.60.020; 12.68.010—12.68.030; 12.72.050; 12.76.050; 12.80.040; 12.80.050; 12.80.130; 12.80.140; 12.88.010; 12.88.020; 13.20.420; 13.20.440; 13.24.100; 13.24.150; 13.24.230; 13.24.240; 13.24.280; 13.24.420—13.24.440; 13.32.010; 13.36.120; 14.04.040; 14.08.27; 15.36.020; 15.48.110; 15.68.060; 15.74.010 Packet Page 1491 San Bernardino - Parallel References38 MC-462 5-21-1985 6.03.030 MC-464 7-2-1985 9.90.010 MC-465 7-2-1985 10.24.190 MC-467 7-16-1985 12.94.020 MC-476 9-24-1985 2.56.001 MC-478 9-24-1985 2.56.001 MC-484 11-20-1985 12.16.020; 12.20.020; 12.20.030 MC-486 12-4-1985 5.36.010; 5.36.060 MC-488 12-18-1985 8.63.130 MC-489 1-8-1986 12.76.045 MC-491 1-22-1986 3.04.070 MC-492 1-22-1986 14.08.27 MC-497 2-3-1986 5.76.200 MC-498 2-18-1986 8.36.050; 8.36.080—8.36.100 MC-500 2-18-1986 10.52.020; 10.52.030 MC-502 3-6-1986 5.82.010—5.82.030; 5.82.050—5.82.230 MC-505 3-19-1986 5.82.050; 5.82.160 MC-510 4-22-1986 3.44.135 MC-511 4-22-1986 Ch. 8.75 MC-512 4-22-1986 10.52.020 MC-513 4-22-1986 3.04.010 MC-515 4-22-1986 3.44.140; 3.44.144 MC-519 5-20-1986 5.82.040; 5.82.060 MC-522 5-20-1986 5.04.175 MC-528 7-9-1986 6.08.040; 6.08.130 MC-530 7-22-1986 5.04.030; 5.04.075 MC-535 8-6-1986 5.22.010—5.22.040 MC-541 8-21-1986 10.16.150 MC-542 9-11-1986 15.57.010—15.57.070 MC-547 10-22-1986 10.16.150 MC-548 10-22-1986 5.04.150 MC-556 11-4-1986 3.44.065 MC-571 12-24-1986 13.32.010 MC-574 1-8-1987 10.24.210; 10.24.220 MC-575 1-8-1987 5.52.010; 5.52.100 MC-576 1-8-1987 5.44.040—5.44.060 MC-580 2-4-1987 15.28.170 MC-584 2-17-1987 8.36.160 MC-586 3-23-1987 9.90.010 MC-586 3-26-1987 10.52.010—10.52.050 MC-591 5-13-1987 9.90.010 MC-602 6-2-1987 2.06.020; 3.04.070; 3.04.080 MC-606 9-21-1987 9.90.010 MC-609 9-21-1987 1.12.010 Packet Page 1492 References to Ordinances 39 MC-607 9-22-1987 15.28.140 MC-608 9-22-1987 3.04.010; 3.04.110 MC-613 12-21-1987 8.01.010—8.01.030; Ch. 8.42; Ch. 8.45 MC-615 1-8-1988 10.52.040 MC-618 2-17-1988 5.72.010; 5.72.020 MC-619 3-8-1988 9.84.020; 9.84.030 MC-623 4-19-1988 8.73.040 MC-624 5-4-1988 2.70.060 MC-625 5-4-1988 6.08.130 MC-631 7-6-1988 2.50.010 MC-635 9-7-1988 9.90.010 MC-636 9-7-1988 8.36.030 MC-638 9-22-1988 3.16.050—3.16.070 MC-639 9-22-1988 6.08.030; 6.08.040; 6.08.100; 6.08.110 MC-641 11-9-1988 10.16.020; 10.16.150 MC-643 11-22-1988 9.70.030 MC-645 12-7-1988 8.36.050; 8.36.080—8.36.120; 10.16.110 MC-646 12-7-1988 2.06.020; 3.04.070—3.04.090 MC-649 1-4-1989 8.54.030 MC-650 1-19-1989 15.57.010—15.57.070 MC-651 2-7-1989 9.80.010—9.80.060 MC-652 2-20-1989 2.17.040 MC-653 3-16-1989 3.13.030 MC-658 4-19-1989 8.69.010; 8.69.020; 8.69.080 MC-659 5-15-1989 5.76.200 MC-661 6-7-1989 2.36.020; 2.36.030 MC-666 7-17-1989 2.04.020 MC-667 7-19-1989 14.08.27 MC-668 7-19-1989 10.04.025; 10.04.040; 10.04.070; 10.04.095; 10.16.230 MC-670 7-19-1989 15.20.010—15.20.050; 15.20.070—15.20.110 MC-671 7-26-1989 15.20.010—15.20.050; 15.20.070—15.20.110 MC-676 9-19-1989 15.08.010—15.08.050; 15.08.070—15.08.090 MC-679 9-19-1989 15.24.010—15.24.060 MC-681 11-8-1989 3.13.025 MC-682 11-9-1989 15.34.010—15.34.060 MC-683 11-20-1989 1.04.100 MC-684 11-22-1989 9.12.010; 9.12.030; 9.12.040 MC-689 12-8-1989 16.16.010—16.16.070 MC-694 12-18-1989 15.37.010—15.37.090 MC-691 12-19-1989 12.92.010—12.92.090 MC-692 12-19-1989 5.82.020 MC-696 1-9-1990 5.82.060 MC-698 1-9-1990 10.52.040 MC-702 1-27-1990 3.55.180 Packet Page 1493 San Bernardino - Parallel References40 MC-703 1-27-1990 3.10.010 MC-707 3-19-1990 15.73.010—15.73.050; 15.73.070—15.73.120 MC-712 3-19-1990 3.44.140; 3.44.144 MC-714 4-2-1990 10.52.020 MC-715 4-2-1990 2.58.010 MC-728 5-8-1990 15.74.010 MC-729 5-21-1990 8.66.050 MC-731 6-4-1990 8.80.802 MC-732 6-18-1990 3.55.180 MC-737 7-16-1990 12.92.080; 12.93.010; 12.93.020 MC-738 8-6-1990 10.16.180 MC-741 9-17-1990 15.20.050 MC-742 9-17-1990 8.36.120 MC-743 10-8-1990 5.04.050; 5.04.051; 5.04.063; 5.04.075; 5.04.220; 5.04.320; 5.24.020—5.24.140 MC-744 10-8-1990 5.04.110; 5.04.123—5.04.165; 5.04.200; 5.04.210; 5.04.245; 5.04.265; 5.04.270—5.04.285; 5.04.310; 5.04.315; 5.04.325—5.04.355; 5.04.370; 5.04.375; 5.04.385; 5.04.415; 5.04.420; 5.04.455; 5.04.490; 5.04.500; 5.04.504; 5.04.520; 5.04.540; 5.04.545; 5.04.560; 5.04.575; 5.04.595; 5.04.620; 5.20.040; 5.20.160 MC-745 10-8-1990 3.70.010 MC-755 11-21-1990 15.73.050 MC-756 11-21-1990 5.04.076 MC-757 11-21-1990 8.38.010—8.38.040 MC-760 11-27-1990 3.72.010; 3.72.020 MC-762 11-27-1990 10.16.150 MC-766 12-17-1990 17.05.010; 17.05.020 MC-768 3-12-1991 15.57.020; 15.57.030 MC-772 3-12-1991 8.82.010—8.82.060 MC-773 3-12-1991 8.81.010—8.81.040; 8.81.060—8.81.080; 8.81.100—8.81.130; 8.81.150—8.81.180 MC-774 3-12-1991 10.52.020 MC-778 4-16-1991 12.93.010 MC-781 4-22-1991 15.20.030; 15.20.040; Ch. 15.32; Ch. 15.52; Ch. 15.56; Ch. 15.72; Ch. 17.04 MC-782 5-3-1991 15.20.030; 15.20.040 MC-783 5-6-1991 12.30.010—12.30.060; 12.40.120; 12.40.130 MC-784 5-7-1991 17.08.010—17.08.060 MC-785 5-21-1991 8.60.120 MC-786 5-21-1991 12.96.010; 12.96.030—12.96.090 MC-788 6-4-1991 8.60.120 MC-795 6-18-1991 8.95.010—8.95.030 Packet Page 1494 References to Ordinances 41 MC-796 7-2-1991 12.92.010; 12.92.035 MC-797 7-2-1991 9.70.010—9.70.030 MC-803 8-8-1991 2.17.080 MC-804 8-20-1991 8.05.010 MC-805 9-18-1991 3.55.180 MC-807 9-18-1991 Ch. 8.33 MC-809 10-8-1991 5.82.020; 5.82.030 MC-811 11-6-1991 10.24.200 MC 814 12-3-1991 3.44.025 MC-815 12-17-1991 6.01.040 MC-817 1-7-1992 5.04.005—5.04.055; 5.04.063; 5.04.065; 5.04.070; 5.04.071; 5.04.075; 5.04.085—5.04.110; 5.04.125; 5.04.140—5.04.160; 5.04.200; 5.04.210; 5.04.245; 5.04.265; 5.04.275—5.04.295; 5.04.310; 5.04.315; 5.04.335—5.04.385; 5.04.415; 5.04.420; 5.04.495—5.04.504; 5.04.520—5.04.526; 5.04.540; 5.04.545; 5.04.560; 5.04.575; 5.04.595; 5.04.610—5.04.655 MC-820 2-19-1992 3.44.050; 3.44.060; 3.44.065 MC-822 3-9-1992 2.75.010; 2.75.020 MC-824 3-17-1992 3.73.010; 3.73.020 MC-828 4-7-1992 3.75.010; 3.75.020 MC-833 5-19-1992 6.08.100; 6.08.120; 6.08.150—6.08.200 MC-835 6-3-1992 13.32.010 MC-837 6-3-1992 3.44.010 MC-839 6-11-1992 2.02.010—2.02.090 MC-842 7-22-1992 10.52.010—10.52.040 MC-843 7-22-1992 10.16.180 MC-848 9-9-1992 10.52.020 MC-850 9-9-1992 15.37.010—15.37.090 MC-852 11-3-1992 2.56.040; 2.56.070 MC-853 11-3-1992 13.32.010 MC-854 11-17-1992 12.95.010—12.95.030 MC-855 12-23-1992 10.16.180 MC-858 1-12-1993 3.04.010; 3.04.020; 3.04.050; 3.04.070; 3.04.080; 3.04.120 MC-861 2-16-1993 10.52.030 MC-865 3-24-1993 8.90.010—8.90.040; 8.90.060; 8.90.080—8.90.360 MC-866 4-6-1993 9.68.010—9.68.060 MC-867 4-6-1993 8.68.010; 8.68.020 MC-870 4-20-1993 14.08.27 MC-872 5-26-1993 10.52.020 MC-873 5-26-1993 15.12.050—15.12.090 Packet Page 1495 San Bernardino - Parallel References42 MC-875 6-9-1993 10.16.180 MC-879 6-23-1993 5.76.575 MC-880 6-23-1993 15.20.040; 15.20.080; 15.20.100; 15.28.010; 15.28.020; 15.28.170; Ch. 15.38; Ch. 15.40; Ch. 15.44; Ch. 15.60 MC-883 9-8-1993 2.58.010 MC-884 9-8-1993 5.82.030; 5.82.050 MC-892 1-12-1994 8.65.010—8.65.070 MC-893 1-12-1994 5.82.160—5.82.180; 5.82.195; 5.82.210 MC-894 1-26-1994 8.65.030 MC-899 3-22-1994 3.44.010; 3.44.120 MC-904 5-18-1994 8.69.090 MC-905 6-8-1994 8.73.040 MC-906 6-21-1994 3.10.010 MC-907 7-6-1994 10.52.030; 10.52.050 MC-930 1-11-1995 15.25.010—15.25.030; 15.25.080; 15.25.090 MC-931 1-23-1995 9.90.010 MC-934 3-9-1995 2.56.010 MC-935 4-18-1995 5.04.015; 5.04.033; 5.04.100; 5.04.525; 5.04.615 MC-936 4-18-1995 5.04.026 MC-937 5-1-1995 5.04.360 MC-939 6-6-1995 3.44.050; 3.44.060; 3.44.065 MC-943 6-6-1995 5.76.030; 5.76.140; 5.76.230; 5.76.350; 5.76.490; 5.76.540; 5.76.550; 5.76.555 MC-944 6-8-1995 8.90.100 MC-945 6-20-1995 9.90.010; 12.98.010—12.98.040 MC-947 7-12-1995 5.76.030 MC-950 8-22-1995 Ch. 13.16 MC-951 11-8-1995 8.93.010—8.93.030 MC-952 11-8-1995 9.90.010 MC-954 11-21-1995 9.90.010 MC-955 12-19-1995 2.65.010—2.65.060 MC-960 3-6-1996 15.10.020; 15.10.060; 15.10.080 MC-961 3-20-1996 15.73.065 MC-962 3-20-1996 5.82.020 MC-965 4-3-1996 8.60.120 MC-966 4-16-1996 8.60.120 MC-967 5-21-1996 9.68.060 MC-969 6-4-1996 9.04.025 MC-970 6-4-1996 5.22.040, 5.22.050 MC-971 6-4-1996 9.12.030 MC-973 7-5-1996 10.16.160; 10.16.220 MC-976 7-31-1996 5.82.040 MC-978 8-6-1996 9.28.010; 9.28.030 MC-981 9-18-1996 12.90.015; 12.90.140 Packet Page 1496 References to Ordinances 43 MC-983 9-24-1996 3.04.010 MC-986 12-11-1996 3.05.010—3.05.050 MC-988 12-17-1996 10.52.040—10.52.055 MC-991 2-19-1997 5.04.640 MC-992 4-8-1997 10.52.050 MC-993 4-22-1997 10.16.150 MC-995 6-17-1997 9.68.010—9.68.060 MC-996 6-17-1997 9.69.040 MC-1002 9-15-1997 3.80.010—3.80.060 MC-1004 10-21-1997 12.03.030; 12.03.060; 12.03.100—12.03.140; 12.03.160; 12.03.170; Ch. 12.04; Ch. 12.08 MC-1005 10-21-1997 9.90.010 MC-1006 11-18-1997 Ch. 3.52; 3.55.180 MC-1010 11-18-1997 13.32.010 MC-1011 12-16-1997 15.73.065 1013 1-13-1998 10.52.030 MC-1012 1-13-1998 13.32.010 MC-1014 1-13-1998 2.17.020 MC-1017 2-4-1998 5.76.070 MC-1018 2-4-1998 15.28.190 MC-1021 5-5-1998 8.90.110 MC-1022 5-19-1998 8.60.010; 8.60.015; 8.60.150 MC-1025 7-7-1998 10.52.020—10.52.040 MC-1026 7-23-1998 3.55.180 MC-1027 9-9-1998 2.04.010; 2.04.030; 2.14.010; 2.14.020; 2.14.031; 2.14.032; 2.14.040; 3.08.020; 3.16.060; 5.04.025; 5.36.050; 5.76.060; 5.80.010; 5.80.080; 8.60.080; 9.90.010; 10.28.050; 12.03.030; 12.03.060; 12.03.070; 12.03.100—12.03.140; 12.03.160; 12.12.020; 12.12.040; 12.28.060; 12.30.010; 12.30.020; 12.40.120; 12.40.130; 12.84.410; 12.84.730; 12.90.090; 12.90.110; 12.92.010; 12.92.030; 12.92.035; 12.92.040; 12.92.040—12.92.070; 12.94.010; 12.94.030; 12.95.020; 12.95.030; 12.96.030; 12.96.040; 12.96.060—12.96.080; 15.08.050; 15.08.070—15.08.090; 15.20.020; 15.20.030; 15.20.050; 15.25.020; 15.34.020; 15.36.010; 15.37.050; 15.48.090; 15.57.020; 15.57.050; 15.37.070; 15.68.020—15.73.050 MC-1029 9-22-1998 15.24.050 MC-1033 11-3-1998 10.52.040 MC-1034 11-17-1998 9.90.010 MC-1037 12-22-1998 8.81.020; 8.81.070; 8.81.090; 8.81.100—8.81.120 MC-1038 1-12-1999 5.26.070 MC-1039 1-12-1999 5.04.005 MC-1042 3-2-1999 10.52.020; 10.52.040 Packet Page 1497 San Bernardino - Parallel References44 MC-1043 4-7-1999 10.52.040 MC-1044 4-7-1999 3.38.040; 15.73.065 MC-1045 4-20-1999 3.38.040; 15.73.065 MC-1046 5-5-1999 10.24.190 MC-1049 7-8-1999 9.95.080 MC-1050 7-12-1999 Ch. 5.12; 5.14.160 MC-1051 7-19-1999 Ch. 5.12; 5.14.160 MC-1052 7-19-1999 Ch. 5.12; 5.14.160 MC-1053 8-4-1999 15.12.020—15.12.040; 15.12.100—15.12.140; 15.12.200 MC-1058 9-21-1999 5.14.120 MC-1059 10-5-1999 5.14.120 MC-1064 1-11-2000 10.16.240 MC-1065 3-7-2000 3.44.131 MC-1066 3-7-2000 10.52.030 MC-1067 3-7-2000 10.52.040; 10.52.050 MC-1068 4-18-2000 10.16.270 MC-1069 4-18-2000 8.36.050 MC-1070 4-18-2000 8.36.100 MC-1071 4-18-2000 8.36.120 MC-1072 5-3-2000 10.16.250 MC-1073 5-3-2000 8.60.150; 8.63.140 MC-1075 6-21-2000 2.64.080 MC-1078 8-8-2000 3.44.131 MC-1079 8-23-2000 10.24.190 MC-1082 9-6-2000 10.52.030; 10.52.050 MC-1083 9-6-2000 10.52.030; 10.52.040 MC-1087 9-20-2000 8.69.090 MC-1094 3-21-2001 5.04.500 MC-1099 7-9-2001 3.64.020 MC-1100 7-24-2001 5.14.010; 5.14.020; 5.14.040; 5.14.050 MC-1107 11-6-2001 10.16.120 MC-1109 12-4-2001 9.84.040 MC-1110 12-4-2001 10.24.190 MC-1111 12-4-2001 10.52.020; 10.52.030 MC-1114 1-8-2002 6.14.120 MC-1116 2-20-2002 10.16.280 MC-1117 3-5-2002 3.44.131 MC-1118 3-19-2002 8.73.040 MC-1119 3-19-2002 8.73.040 MC-1120 3-19-2002 10.52.040 MC-1121 3-19-2002 Ch. 8.72 MC-1122 3-19-2002 8.73.040 MC-1123 4-16-2002 10.52.030 MC-1125 6-3-2002 1.12.010 Packet Page 1498 References to Ordinances 45 MC-1127 7-16-2002 Ch. 3.54; 3.55.180 MC-1129 8-20-2002 5.14.010; 5.14.050; 5.14.060; 5.14.120; 5.14.160 MC-1131 11-6-2002 10.16.180 MC-1133 11-20-2002 10.24.190 MC-1134 12-4-2002 2.58.010 MC-1135 12-18-2002 14.04.020—14.04.050 MC-1138 2-19-2003 8.60.010—8.60.130; 8.60.150; 8.60.160 MC-1139 3-4-2003 10.24.190 MC-1143 4-22-2003 9.90.010 MC-1145 6-17-2003 8.68.010 MC-1147 8-5-2003 10.24.230 MC-1148 8-5-2003 9.92.190 MC-1150 9-16-2003 9.92.020 MC-1151 10-8-2003 10.52.020 MC-1152 10-8-2003 12.68.020 MC-1162 1-6-2004 15.10.020; 15.10.060; 15.10.080; 15.11.080 MC-1163 1-23-2004 15.10.020; 15.10.060; 15.10.080; 15.11.080 MC-1164 2-3-2004 10.52.030 MC-1166 3-2-2004 8.81.045 MC-1167 3-2-2004 8.80.802 MC-1168 3-8-2004 8.80.802 MC-1170 3-18-2004 12.80.130 MC-1171 4-6-2004 12.80.130 MC-1141 4-22-2004 5.04.497 MC-1172 5-3-2004 5.76.200 MC-1173 5-5-2004 3.44.050; 3.44.060; 3.44.065 MC-1174 7-22-2004 3.13.010—3.13.030 MC-1175 7-22-2004 15.57.030 MC-1176 7-22-2004 10.16.270; 15.25.010—15.25.050; 15.25.080; 15.25.090 MC-1177 8-17-2004 8.39.130 MC-1180 9-9-2004 12.80.130 MC-1185 10-5-2004 12.80.020 MC-1186 10-5-2004 5.04.360; 9.60.070 MC-1187 10-5-2004 15.24.030 MC-1189 10-19-2004 5.04.495; 5.04.496; 5.04.499 MC-1190 11-2-2004 Ch. 2.41; Ch. 2.44; Ch. 2.47 MC-1194 4-4-2005 8.60.070; 8.60.095; 8.60.130 MC-1194 5-3-2005 8.15.020; 8.15.170 MC-1214 2-22-2006 6.01.020; 6.01.130; 6.01.140; 6.01.190; 6.03.020; 6.03.025; 6.05.020—6.05.050; 6.07.020—6.07.080; 6.08.040; 6.08.070; 6.08.140; 6.08.145; 6.08.220; 6.09.060 MC-1215 2-22-2006 15.12.200; 15.12.300 Packet Page 1499 San Bernardino - Parallel References46 MC-1216 2-22-2006 13.32.010 MC-1220 3-20-2006 2.06.020; 2.10.040; 2.12.050; 2.14.040; 2.15.020; Ch. 2.16; 2.38.120; 2.54.010; Ch. 2.60; 2.70.060; 2.79.020; 2.81.020 MC-1221 3-20-2006 13.25.070 MC-1222 4-6-2006 Ch. 3.26; 3.27.180 MC-1223 4-18-2006 8.82.050 MC-1224 5-16-2006 9.68.010 MC-1226 6-7-2006 2.02.030; 2.10.040; 2.14.032 MC-1228 7-12-2006 9.96.060 MC-1230 9-6-2006 3.44.050; 3.44.060; 3.44.065 MC-1231 10-3-2006 5.04.525 MC-1232 10-3-2006 Ch. 8.21 MC-1234 10-3-2006 9.90.010 MC-1235 10-3-2006 8.39.020 MC-1238 1-23-2007 3.27.020; 3.27.105; 3.27.110 MC-1241 3-6-2007 6.01.020; 6.01.190 MC-1242 3-20-2007 14.08.27 MC-1246 5-23-2007 8.54.010—8.54.090 MC-1248 6-18-2007 8.82.010 MC-1260 12-4-2007 Ch. 8.35 MC-1261 12-4-2007 15.10.060; 15.10.080; 15.12.010; 15.74.010 MC-1262 12-18-2007 15.10.060; 15.10.080; 15.12.010; 15.74.010 MC-1263 2-11-2008 3.44.050; 3.44.060; 3.46.230 MC-1264 2-19-2008 6.04.020; 6.08.145; 6.08.220; 6.09.020 MC-1266 4-8-2008 15.26.180 MC-1267 4-8-2008 2.01.010 MC-1268 4-22-2008 9.93.190 MC-1269 4-22-2008 8.60.140; 8.60.150; 8.61.040 MC-1270 5-21-2008 9.92.020 MC-1271 5-21-2008 8.02.040 MC-1272 6-3-2008 5.04.015 MC-1273 6-17-2008 5.20.040 MC-1274 7-22-2008 12.92.040; 12.93.010 MC-1275 7-22-2008 3.44.030; 3.44.040; 3.44.065 MC-1279 8-5-2008 9.90.010 MC-1281 8-19-2008 12.03.020; 12.03.055 MC-1282 8-19-2008 5.04.605; 5.19.110 MC-1283 9-3-2008 10.24.190 MC-1287 10-7-2008 9.90.010 MC-1289 11-4-2008 2.01.010; 2.76.040 MC-1292 2-3-2009 15.24.010—15.24.060 MC-1303 4-21-2009 10.16.120 Packet Page 1500 References to Ordinances 47 MC-1305 5-20-2009 5.82.020 MC-1306 6-2-2009 15.37.010—15.37.090 MC-1307 6-2-2009 8.36.070; 15.28.150 MC-1308 6-16-2009 8.60.095 MC-1309 7-6-2009 15.10.030 MC-1311 8-18-2009 17.06.160 MC-1314 9-22-2009 9.58.060 MC-1318 10-20-2009 2.56.001; 2.56.010—2.56.090; 2.56.143—2.56.146; 2.56.195 MC-1319 11-16-2009 8.73.010; 8.73.050; 12.80.130 MC-1322 4-20-2010 2.14.010—2.14.040; 2.15.010; 2.15.020 MC-1324 6-8-2010 Ch. 2.77; Ch. 2.80 MC-1330 8-3-2010 2.73.020; 2.73.030 MC-1335 10-4-2010 13.28.010—13.28.025 MC-1337 11-15-2010 12.32.020; 12.32.060; 15.10.040; 15.10.080 MC-1339 11-16-2010 Ch. 5.68; 8.14.070 1341 12-1-2010 10.52.050 MC-1343 12-20-2010 8.15.130; 16.18.010—16.18.070 MC-1344 1-11-2011 8.14.070 MC-1352 6-21-2011 2.19.010—2.19.040; Ch. 2.24; Ch. 2.42 MC-1355 7-5-2011 2.15.020; Ch. 2.78 MC-1361 8-2-2011 8.83.010—8.83.060 MC-1363 8-2-2011 5.04.370; 5.04.495 MC-1368 1-9-2012 Ch. 17.07 MC-1371 3-20-2012 15.26.030—15.26.050; 15.26.130 MC-1372 4-17-2012 15.20.020 MC-1373 5-24-2012 15.20.030—15.20.050; 15.20.070—15.20.110 MC-1376 9-4-2012 1.16.020—1.16.080 MC-1379 10-15-2012 Ch. 15.55 MC-1380 10-17-2012 9.97.010—9.97.030 MC-1382 11-20-2012 10.52.030; 10.52.050 MC-1388 6-3-2013 2.58.010 MC-1390 7-1-2013 8.60.095 MC-1394 12-16-2013 2.57.010 MC-1395 1-6-2014 12.32.020; 12.32.060; 15.10.040; 15.10.080 MC-1398 4-21-2014 10.24.190 MC-1401 6-2-2014 5.36.010; 5.36.015; 5.36.030—5.36.200 MC-1407 9-15-2014 10.25.010—10.25.060 MC-1410 12-1-2014 10.24.190 MC-1413 4-6-2015 3.04.070; 3.04.080 MC-1414 7-6-2015 5.04.505; 5.04.507; Ch. 5.42; Ch. 12.56; Ch. 12.64; 12.80.040—12.80.120 Packet Page 1501 San Bernardino - Parallel References48 MC-1415 7-20-2015 9.98.010—9.98.120 MC-1416 8-17-2015 Ch. 16.12 MC-1417 10-5-2015 15.05.010—15.05.290 MC-1418 10-5-2015 2.45.070; 3.64.070; Ch. 3.68 MC-1418 10-5-2015 8.18.060; 8.18.080; 8.18.082; Ch. 8.27; 8.30.010; 8.30.015—8.30.070; 8.38.020; 8.69.080 MC-1419 12-7-2015 9.62.010—9.62.080 MC-1421 4-18-2016 10.52.010—10.52.050; 10.52.055 MC-1422 5-16-2016 2.12.010; 2.12.020; Ch. 2.32; Ch. 15.16 MC-1423 7-5-2016 12.21.010—12.21.070 MC-1425 7-18-2016 12.24.030 MC-1428 9-6-2016 10.52.010—10.52.055 MC-1431 11-10-2016 8.24.010—8.24.110; 8.24.130; 8.24.140; Ch. 8.24.5; Ch. 8.25 MC-1432 11-23-2016 8.90.050 MC-1433 12-21-2016 15.04.010—15.04.260 MC-1439 4-3-2017 1.08.010; 1.08.030; 1.08.040; 1.08.060—1.08.090 MC-1440 4-3-2017 2.02.010—2.02.100 MC-1441 4-3-2017 2.01.010 MC-1438 4-17-2017 2.58.010—2.58.100 MC-1445 5-15-2017 8.19.010—8.19.040 MC-1447 6-7-2017 2.50.010—2.50.050 MC-1449 11-1-2017 8.18.010—8.18.090 MC-1451 12-20-2017 15.57.010—15.57.070 MC-1453 1-17-2018 2.56.001—2.56.190 MC-1454 2-7-2018 2.17.010—2.17.110; Ch. 2.18 MC-1455 2-7-2018 2.76.010—2.76.040 MC-1458 2-21-2018 2.17.110; Ch. 2.30; Ch. 2.49 MC-1459 2-21-2018 Ch. 2.31; Ch. 2.40 MC-1460 2-21-2018 Ch. 2.23 MC-1463 2-21-2018 2.19.010—2.19.040 MC-1464 3-7-2018 Ch. 5.05; 5.10.010—5.10.460 MC-1465 3-7-2018 8.97.010—8.97.050; 8.97.070—8.97.160 MC-1466 3-7-2018 8.99.010—8.99.080 MC-1468 3-7-2018 Ch. 2.26 MC-1469 3-7-2018 6.14.010; 6.14.080; 6.14.100—6.14.115 MC-1470 3-7-2018 6.09.010; 6.09.050; 6.09.080 MC-1471 3-7-2018 Ch. 2.34; Ch. 2.39 MC-1472 3-7-2018 5.82.020—5.82.050; 5.82.090; 5.82.100; 5.82.120—5.82.160; 5.82.180; 5.82.200—5.82.250 MC-1473 3-7-2018 2.22.010—2.22.030; 2.22.050 Packet Page 1502 References to Ordinances 49 MC-1474 3-7-2018 2.45.010—2.45.070 MC-1475 3-7-2018 2.04.010—2.04.050 MC-1476 3-7-2018 2.08.010 MC-1477 3-7-2018 2.10.020; 2.10.030 MC-1478 4-4-2018 2.58.070; 2.58.110; 2.58.120 MC-1481 4-14-2018 8.90.010—8.90.060; 8.90.080—8.90.430 MC-1480 4-18-2018 Ch. 2.43; 5.76.020—5.76.070; 5.76.100; 5.76.110; 5.76.130; 5.76.140; 5.76.160; 5.76.170; 5.76.200; 5.76.210; 5.76.230; 5.76.250; 5.76.260; 5.76.280; 5.76.290; 5.76.310—5.76.340; 5.76.370—5.76.410; 5.76.430; 5.76.440; 5.76.580 MC-1482 4-18-2018 15.37.010—15.37.090 MC-1483 4-18-2018 2.27.010—2.27.060 MC-1484 4-18-2018 3.55.030—3.55.065; 3.55.080; 3.55.090; 3.55.110; 3.55.150; Ch. 3.60; 3.64.010—3.64.070; 5.44.025—5.44.070; 5.44.086; 5.44.100; 8.60.020—8.60.060; 8.60.080; 8.60.090; 8.60.160; 12.32.050; 14.08.08—14.08.12; 14.08.15; 14.08.17; 14.08.19; 14.08.23; 14.08.27 MC-1485 4-18-2018 5.14.160 MC-1486 4-18-2018 Ch. 5.40 MC-1487 4-18-2018 5.52.020; 5.52.070; Ch. 5.60; 5.84.010; 5.84.020 MC-1491 7-5-2018 10.52.020; 10.52.040 MC-1498 7-5-2018 Ch. 2.20 MC-1503 9-5-2018 5.10.010—5.10.460 MC-1504 10-3-2018 2.82.010; 2.82.020 MC-1508 10-17-2018 2.03.010 MC-1501 11-6-2018 5.18.010—5.18.310 MC-1509 11-21-2018 2.03.010 MC-1502 12-5-2018 10.52.020; 10.52.040 MC-1510 12-19-2018 2.03.010 MC-1512 1-10-2019 2.03.010 MC-1511 2-6-2019 2.58.010 MC-1514U 2-20-2019 2.46.010—2.46.130 MC-1515 3-6-2019 2.46.010—2.46.130 MC-1516 5-1-2019 2.02.060; 2.02.080 MC-1517 6-19-2019 5.30.010—5.30.120 MC-1520 6-19-2019 5.36.060; 5.36.110 MC-1519 7-17-2019 5.10.250 2453 8-13-2019 3.12.010—3.12.030; 3.13.010; 3.13.020 Packet Page 1503 San Bernardino - Parallel References50 MC-1521 9-18-2019 2.45.010—2.45.080; 8.30.015; 8.30.021; 8.30.022; 8.30.026; 8.30.030; 8.30.035; 8.30.041; 8.30.045; 8.36.090—8.36.120; 9.92.170; 9.92.180; 9.92.090; 9.94.010—9.94.140; 15.04.020; 15.04.030; 15.04.050—15.04.080; 15.04.120; 15.05.010—15.05.290; 15.20.090; 15.28.020; 15.28.140; 15.28.150; 15.28.170; 15.28.200—15.28.220 MC-1525 1-15-2020 15.04.020; 15.04.050—15.04.070; 15.04.210; 15.04.250; 15.05.010; 15.08.050; 15.08.060; 15.10.080; 15.28.150; 15.28.160; 15.36.010; 15.48.040; 15.48.060; 15.48.090; 15.57.020—15.57.040; 15.68.050 MC-1535 5-6-2020 8.60.150; 8.60.155; 8.61.030; 9.93.020 MC-1541 9-2-2020 5.10.080 MC-1545 10-7-2020 5.30.120; 8.01.010; 8.01.030 MC-1547 10-21-2020 5.10.425 MC-1551 12-7-2020 3.57.010—3.57.120 MC-1552 4-7-2021 2.17.040 MC-1553 2-17-2021 9.92.010—9.92.180; 9.93.010—9.93.040; 9.93.060—9.93.170; 9.93.200 MC-1558 6-2-2021 2.55.010; 2.55.020 MC-1560 6-16-2021 12.05.010—12.05.110 MC-1563 9-1-2021 9.90.010 MC-1562 9-15-2021 2.28.010; 2.28.020; 13.08.010—13.08.050; 13.08.055; 13.08.060—13.08.100; 13.08.105; 13.08.110; 13.32.010 MC-1566 12-1-2021 8.24.090; 8.24.095 MC-1567 12-15-2021 1.16.010—1.16.080 MC-1569 2-2-2022 3.04.070 MC-1571 2-2-2022 2.82.010 MC-1573U 2-16-2022 2.55.030 MC-1568 5-4-2022 3.05.010—3.05.050 MC-1576 5-4-2022 15.05.300 MC-1578 5-18-2022 8.60.010; 8.60.030; 8.60.070; 8.60.130; 8.60.170 MC-1595 11-2-2022 2.82.020 MC-1605 2-1-2023 3.04.010—3.04.140 MC-1612 3-15-2023 8.24.050 MC-1596 8-16-2023 9.90.010 MC-1619 10-4-2023 15.27.010—15.27.110 MC-1622 1-17-2024 8.79.010—8.79.770 Packet Page 1504 References to Ordinances 51 MC-1625 2-21-2024 2.04.010; 2.08.010; 2.10.010—2.10.040; 2.15.010; 2.15.020; 2.62.020; 2.70.060; 2.83.010; 2.83.020; 3.04.020; 3.04.060; 3.04.080; 3.05.010; 3.05.030; 3.05.050; 3.08.020; 3.16.060; 3.44.050—3.44.080; 3.44.100—3.44.144; 3.44.160; 3.46.020; 3.55.030—3.55.065; 3.55.080; 3.55.090; 3.55.110; 3.55.150; 3.64.050; 3.64.070; 5.10.080; 5.10.130; 5.10.150; 5.10.180; 5.10.230; 5.10.280; 5.10.310; 5.10.360; 5.18.040; 5.30.020; 5.30.040; 5.30.050; 5.30.090; 5.30.100; 5.36.050; 5.44.025; 5.44.030; 5.44.070; 5.44.086; 5.44.100; 5.76.040—5.76.070; 5.76.110; 5.76.130; 5.76.140; 5.76.170; 5.76.230; 5.76.260; 5.76.280; 5.76.290; 5.76.310—5.76.340; 5.76.380—5.76.410; 5.76.580; 5.82.030; 5.82.090; 5.82.150; 8.14.010; 8.18.010; 8.18.020; 8.18.070; 8.60.020—8.60.050; 8.60.080—8.60.095; 8.60.160; 8.81.170; 8.97.100; 12.32.050; 14.08.11; 15.04.150; 15.05.030; 15.20.030; 15.20.050; 15.26.040; 15.27.030; 15.37.045; 15.37.060; 15.37.070; 15.37.090; 15.57.020; 15.57.050; 16.18.010; 17.08.040 MC-1626 2-21-2024 2.58.010 MC-1643 10-2-2024 15.04.020; 15.04.050—15.04.070; 15.04.210; 15.04.250; 15.05.010; 15.08.050; 15.08.060; 15.10.080; 15.28.150; 15.28.160; 15.36.010; 15.48.040; 15.48.060; 15.48.090; 15.57.020;15.57.030; 15.57.040; 15.68.050 Packet Page 1505 San Bernardino - Parallel References52 Packet Page 1506 This space for filing stamp only OR#: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature SAN BERNARDINO COUNTY SUN 473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408 (909) 889-9666 (909) 884-2536 SB 3954578 Perla Lopez CITY OF SAN BERNARDINO/CITY CLERK - LEAD 201 N. E ST. BUILDING A SAN BERNARDINO, CA - 92401 HRG - NOTICE OF HEARING MCC Public Hearing Notice 08-20-2025 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 08/07/2025 08/07/2025 SAN BERNARDINO !A000007173643! Email NOTICE OF PUBLIC HEARING CITY COUNCIL OF THE CITY OF SAN BERNARDINO NOTICE IS HEREBY GIVEN that the City of San Bernardino Mayor and City Council will hold a public meeting on August 20, 2025 at 5:00 PM in the City Council Chambers in the Norman F. Feldheym Central Library at 555 West 6thStreet, San Bernardino, California. Visit the City's agenda portal at www.sbcity.org to access more meeting information. The purpose of the hearing is to consider the following: Enacting a Code of Ordinances Revising, Amending, Restating, Codifying and Compiling the San Bernardino Municipal Code Notice is further given that members of the public who wish to comment on the public hearing you may participate in the following ways: 1) comments and contact information can be emailed to publiccomments@SBCity.Org by 2:30 P.M. the day of the scheduled meeting; 2) attending the meeting in person and providing your public comment in person, Please view the agenda for additional information. The City endeavors to be in total compliance with the Americans with Disabilities Act. If you require assistance or auxiliary aids to participate in the meeting, please contact the City Clerk's Office as far in advance of the meeting as possible. Additional information concerning the above matter may be obtained from, and written comments should be addressed to, San Bernardino City Clerk, 290 North "D" Street, San Bernardino, California 92401. Telicia Lopez, CMC Acting City Clerk DATED: August 1, 2025 8/7/25 SBS-3954578# Packet Page 1507 2 6 2 7 Public Hearing City of San Bernardino Request for Council Action August 20, 2025 Honorable Mayor and City Council Members Gabriel Elliott, Director of Community Development & Housing; Eric Levitt, City Manager Community Development & Housing Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2025-352 of the Mayor and City Council of the City of San Bernardino, California denying Appeal 24-06, thereby affirming the Planning Commission’s approval of Appeal 24-05, which re-instated the deleted conditions of approval 20 (twenty) through 26 (twenty-six) which were redacted through the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 originally drafted for Administrative Development Permit 22-020; for the property located at 379 E. Industrial Road on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment 1). OR 2. Adopt Resolution No. 2025-353 of the Mayor and City Council of the City of San Bernardino, California approving Appeal 24-06 of Appeal 24-05 thereby overturning the Planning Commission’s approval of Appeal 24-05, which re- instated the deleted conditions of approval 20 (twenty) through 26 (twenty-six) that were redacted within the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020; for the property located at 379 E. Industrial Road on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment 3). Packet Page 1508 2 6 2 7 Executive Summary The City approved an amendment to an Administrative Development Permit regarding the installation of a 9,000-gallon liquid nitrogen tank for ADESA International Frozen Foods. The amendment removed specific conditions of approval that were originally approved and designed to mitigate the potential impacts of approving the placement of an outdoor 9,000-gallon nitrogen tank and accompanying parking and other associated impacts. An appeal was filed by the Waterman Business Center Association to the Planning Commission, which challenged the removal of these approved conditions. On November 12, 2024, the Planning Commission granted the appeal through the adoption of Resolution 2024-034-PC and restored the conditions on the project. ADESA International Frozen Foods is now appealing the Planning Commission's decision to the City Council. Granting ADESA’s appeal will remove the conditions of approval from the project whereas denying ADESA’s appeal will uphold the Planning Commission's decision to reimpose the conditions of approval. This staff report outlines the recommended actions of the City Council, actions taken by the Planning Commission and Planning Staff, regarding the property known as 379 E. Industrial Road (Attachments 9 and 10). The action taken by the City Council could affirm or overturn Planning Commission’s approval of Resolution 2024-034 for Appeal 24-05 (Attachment 6). Background Appellant II Carney Mehr Law (known as Appellant II), representing ADESA, doing business at 379 E. Industrial Way, in the Waterman Business Center, is appealing Planning Commission’s decision of November 12, 2024. At that meeting, the Planning Commission heard Appellant II’s claims and still approved Appeal 24-05, filed by the Waterman Business Center Association (WBCA, Appellant I) by adoption of PC Resolution 2024-034. The decision of the Planning Commission restored the seven (7) deleted conditions of approval for Administrative Development Permit (ADP) 22- 020. Planning Commission’s November 12, 2024 Directive After listening to presentation on both sides of the appeal, the Planning Commission directed staff to return Administrative Use Permit 22-020 for revocation based on information provided by Carney Mehr Law and WBCA. The Commission believed that ADESA International was in violation of the City’s parking code and the conditions of approval for ADP 22-020. The basis of Carney Mehr Law’s appeal is that the appeal heard by the Planning Commission on November 12, 2024, was untimely. According to Carney Mehr Law (Appellant II), “a total of 412 days passed” between the final action and the submittal of the appeal and that “the appeal should not have been heard by the Planning Commission at all”. Appellant II also claims that a city does not serve to enforce private association regulations, and that any disagreements between tenant and Packet Page 1509 2 6 2 7 management are considered private matters. The current Director of Community Development & Housing Department disagrees with this statement because the conditions included with ADP 22-020 were not only private association regulations. Also, those conditions were necessary because ADESA International was and is the only business within the 12-building complex, to install a 9,000-gallon hydrogen tank outdoors. This is considered a special circumstance that requires special regulations. Appellant II also claims that “allowing the appeal to go forward compromised the Permittee’s (ADESA’s) due process and vested property right in the Amended Permit”. The Director’s position on this is that Appellant I’s due process was also abridged when the timely appeal was filed one day after the removal of the subject conditions from ADP 22-020 by staff and not processed. The City faces the same exposure to litigation from Appellant I as with Appellant II. Appellant I (WBCA) The Waterman Business Center Association (known as Appellant I) is the building owners’ association responsible for, among other duties, enforcing the Waterman Business Center’s CC&Rs and other Rules and Regulations for the 12-building Waterman Business Center. 379 E. Industrial Way is one of the 12 buildings within the Waterman Business Center and is owned by S&E Investments, a WBCA member leasing the building to ADESA. ADESA is a tenant of a member of the WBCA. WBCA appealed the removal of conditions of approval for Administrative Development Permit 22-020, which was issued on July 22, 2022 to allow ADESA International to install a 9,000-gallon liquid nitrogen tank outdoors. The seven conditions identified below as well as the timing of the appeal are some of the bones of contention of Carney Mehr Law’s appeal. The seven conditions state as follows: (20) Bobtail and semi-trucks will park, load, and unload only in the areas designated. The Applicant will limit semi-trucks access/egress to and from the lot to between the hours of 9:00 pm and 6:00 am. No semi-trucks will park on site outside of these hours. (21) Applicant agrees to screen the Liquid Nitrogen Tank in accordance with the plans approved by WBCA and the metal screening material will be painted to match the main building field color of 379 E Industrial Building. (22) Applicant agrees to install and maintain landscaping (including proper irrigation) to screen views from adjacent property in accordance with the plans to be approved by WBCA. (23) Applicant agrees to properly and promptly dispose of all waste to minimize odors and pests. (24) No utility lines will be mounted on the exterior of the building. Packet Page 1510 2 6 2 7 (25) The storm drain trench (which is WBCA property) is to remain undisturbed before, during and after construction. The storm drain flow of the lot will be maintained and not altered. (26) In addition to these conditions, WBCA is requiring proper notice (minimum 3 business days) and insurance before starting construction over, near, under, around the fire water main that runs through the proposed construction area. Staff Actions in 2023 Most of the information pertaining to city staff’s actions in 2023 are detailed in the attached Planning Commission staff report (Attachment 5). However, for the benefit of the Mayor and City Council, staff provides the following synopsis. At the direction of the department’s then director and City Planner, planning staff, on July 20, 2023, amended and redacted Conditions of Approval 20 through 26 (above) from the original Administrative Development Permit 22-020 with Amendment to Conditions 23-01(Attachment 12). Four days later, on July 24, 2023, the WBCA wrote a letter (Attachment 13), appealing the removal of the conditions. The letter was not processed subject to the requirements of the San Bernardino Municipal Code Section 19.52.090 – 19.52.120. Per Section 19.52.100, appeals shall be filed within 15 days of the decision rendered and accompanied by a filing fee specified in Chapter 19.32 (Applications and Fees). The appeal filed by WBCA met the 15-day statutory filing period; however, staff did not engage with the appellant nor request payment and submittal of the appeal on an official appeal form. It was not until September 4, 2024, more than a year and two months after the official appeal request letter was filed, that the Planning Department, under a new director, officially processed the appeal with the accompanying fee. One of the reasons why the Appellant I (WBCA) was adamant about the appeal and the restoration of the conditions of approval for ADP 22-202, was that ADESA, between 2023 and 2024, was in clear violation of the terms of ADP 22-020. Several complaints were called in by building and business owners within the 12-building complex, and the Code Enforcement Division and Police Department were deployed to enforce parking violations by ADESA. WBCA also presented photographic evidence of these violations which indicate that trucks were parked in red parking zones and access to other tenants’ parking spaces was impeded by delivery trucks. The Planning Commission heard all testimonies on November 12, 2024 and moved to approve the appeal by WBCA. Public Hearing Noticing: Notification of the public hearings for the project was completed as follows, in accordance with Section 19.52.020 (Hearing and Appeals – Application Processing) of the City of San Bernardino Development Code: Packet Page 1511 2 6 2 7 March 4, 2025: Notices were mailed to the property owners and tenants within 1,000 feet of the exterior boundaries of the subject property, providing the nature of the request, location of the property, the date, time, and place of the Mayor and City Council meeting of March 19, 2025 for Appeal 24-06. March 8, 2025: Legal advertisement was published in the San Bernardino Sun Newspaper. Discussion In February 2021 an application for a Zoning Verification Review for ADESA International was received by the City of San Bernardino Planning Division. Because the proposed land use was a permitted use per the City of San Bernardino Development Code Chapter 19.08 Section 19.08.080.01 (Industrial Zones list of Permitted, Development Permitted and Conditionally Permitted uses), the Planning Division issued the Zoning Verification Review determining that the Land Use was permitted within the Industrial Light zone, and a business license could be obtained through the Business Registration Department with the processing of applicable applications and payment of applicable fees. In May 2022, an application for Administrative Development Permit 22-020 was submitted by ADESA International for the installation of an approximately 9,000-gallon nitrogen tank which would be utilized in conjunction with the packaging of their frozen foods for packaging and distribution. At the time of the submission of Administrative Development Permit 22-020, the Waterman Business Center Association (Appellant I) expressed some concerns to Planning Staff about the operating characteristics of tenant ADESA international. Specifically, Appellant I indicated that ADESA had performed unpermitted construction and were parking in unauthorized parking locations throughout the Industrial Center, including red zones, which was impeding vehicular access and parking for other businesses and their employees. Besides the concerns about parking and circulation, the WBCA was also concerned that installing the nitrogen tank would result in: (a) modifications to existing storm drains; (b) elimination of required landscaping; and (c) that the tank would represent and eyesore to offices within the industrial park, which was not in conformance with their CC&Rs (Attachment 14) After the Planning Division’s analysis of the project in its entirety and through working with ADESA and in an effort to work with the WBCA (Appellant I), Planning Division management at the time agreed to incorporate a set of conditions that were crafted by the Appellant I (WBCA) and included them within Administrative Development Permit 22-020. The understanding was that the addition of the Conditions of Approval within ADP 22-020 were agreed upon by all parties involved (Attachment 15). This agreement, confirmed by Appellant I’s President, ensured no objections from Appellant I (WBCA), ADESA, and all stakeholders. Appellant I also attested that Packet Page 1512 2 6 2 7 without the addition of the Conditions of Approval the WBCA and stakeholders within the industrial center would have objected to the addition of the nitrogen tank. The seven conditions referenced earlier were added to ADP 22-020. In March 2023, a representative from ADESA contacted the City Manager’s office, City Planner, and the Department Director about Administrative Development Permit 22- 020 and Conditions of Approval 20 through 26. They wanted to know the rationale behind imposing the conditions. The then City Planner and Department Director explained that the conditions were included to accommodate all parties and avoid any conflicts within the 12-building development. Subsequent to the meeting in March, then Department Director and the City Planner directed the removal of Conditions 20 through 26, claiming they were operational concerns between WBCA and ADESA. Before this action was taken, the Director of Community Development and the City Planner resigned. In May of 2023 ADESA’s legal team reached out to BB&K to see what position the City was taking on the removal of the said conditions. At that time the City Planner and Department Director positions were vacant. In July 2023, the conditions of approval 20 through 26 were redacted from the original ADP with Amendment to Conditions 23-01. Staff created the report, signed it, and sent it to both ADESA International as they was the original applicant and occupants of the building and Appellant I (WBCA). On July 20, 2023 Appellant I (WBCA) sent a letter to Planning staff appealing the removal of Conditions of Approval 20 through 26. It was around this time that an interim Department Director was appointed. The Director determined that if Appellant I wanted to appeal the removal of said conditions, the department would honor it. At the duly noticed public hearing of the Planning Commission on October 8, 2024, Appeal 24-05 was continued to the Planning Commission meeting of November 12, 2024 because ADESA was unable to attend the hearing, and the City’s legal counsel advised the Planning Commission not to hear any testimony from WBCA, who was present, because testimony could negatively impact ADESA (who was not present). The hearing was continued to the Planning Commission meeting of November 12, 2024. At the duly noticed November 12, 2024 WBCA and two (2) community business owners, Family Memorial and Crematory and Social Vocational Services, spoke and presented evidence of how ADESA’s business practices negatively impacts other tenants of the development. After all public input, including a ADESA’s rebuttal, (Attachment 16), but the Planning Commission deliberated and approved Appeal 24- 05 with the adoption of Resolution 2024-034. Appellant II’s grounds for appeal (Attachment 7), and Appellant I’s responses Packet Page 1513 2 6 2 7 (Attachment 8) are included as exhibits to this report. 2021-2025 Strategic Targets and Goals N/A Fiscal Impact There is no fiscal impact associated with Appeal 24-06. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2025-352 of the Mayor and City Council of the City of San Bernardino, California denying Appeal 24-06, thereby affirming the Planning Commission’s approval of Appeal 24-05, which re-instated the deleted conditions of approval 20 (twenty) through 26 (twenty-six) which were redacted through the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 originally drafted for Administrative Development Permit 22-020; for the property located at 379 E. Industrial Road on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment 1). OR 2. Adopt Resolution No. 2025-353 of the Mayor and City Council of the City of San Bernardino, California approving Appeal 24-06 of Appeal 24-05 thereby overturning the Planning Commission’s approval of Appeal 24-05, which re- instated the deleted conditions of approval 20 (twenty) through 26 (twenty-six) that were redacted within the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020; for the property located at 379 E. Industrial Road on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment 3). Attachments Attachment 1: Resolution No. 2025-352 (Denying AP 24-06) Attachment 2: Resolution No. 2025-352 Exhibit A - project plans Attachment 3: Resolution No. 2025-353 (Approving AP 24-06) Attachment 4: Resolution No. 2025-353 Exhibit A - project plans Attachment 5: November 12, 2024 PC package for reference Attachment 6: Planning Commission approval of Reso 2024-034 Attachment 7: Appellant Justification (Appeal) Letter ADESA Attachment 8: WBCA response to ADESA appeal grounds Attachment 9: Zoning Map Attachment 10: Aerial Map Attachment 11: Administrative Development Permit 22-020 Attachment 12: Amendment to Conditions 23-01 Packet Page 1514 2 6 2 7 Attachment 13: WBCA original Letter of Appeal (from 11.12.24 meeting) Attachment 14: “Exhibit B” Recorded Waterman CCR's Attachment 15: “Exhibit C” Agreements of all parties Attachment 16: ADESA original response to WBCA original appeal (from 11.12.24 meeting ) Attachment 17: Presentation Ward: 3 Synopsis of Previous Council Actions: No previous Council Action for this Item. Packet Page 1515 Resolution No. 2025-352 Resolution No. 2025-352 August 20, 2025 Page 1 of 13 RESOLUTION NO. 2025-352 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DENYING APPEAL 24-06, THEREBY UPHOLDING THE PLANNING COMMISSION’S APPROVAL OF APPEAL 24- 05, WHICH RE-INSTATED DELETED CONDITIONS OF APPROVAL 20 (TWENTY) THROUGH 26 (TWENTY-SIX), WHICH WERE REDACTED WITHIN THE COMMUNITY DEVELOPMENT AND HOUSING DEPARTMENTS APPROVAL OF AMENDMENT TO CONDITIONS OF APPROVAL 23-01 FOR ADMINISTRATIVE DEVELOPMENT PERMIT 22-020 FOR THE PROPERTY LOCATED AT 379 E. INDUSTRIAL ROAD ON 0.83 ACRES (APN: 0141-581-03) WITHIN THE INDUSTRIAL LIGHT (IL) ZONE, WARD 3. WHEREAS, on November 25, 2024, pursuant to the requirements of Section 19.44.020 (Administrative and Development Permits-Applications) of the City of San Bernardino Development Code, an application for Appeal 24-06 was duly submitted by: Appellant: Adesa International and SGE Investments, LLC 379 E. Industrial Road City of San Bernardino, CA 92408 Respondent: Waterman Business Center Association 328 E. Commercial Road Suite 107 San Bernardino, CA 92408 Parcel Address: 379 E. Industrial Road APN:0141-581-03 Lot Area:0.83 acres WHEREAS, Appeal 24-06 is an appeal of Planning Commission’s approval of Appeal 24-05 of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020 in which conditions of approval numbers 20 (twenty) through 26 (twenty-six) were deleted from the original Administrative Development Permit 22-020 for the property known as 379 E. Industrial Road located on 0.83 acres (APN: 0141-581-03) located within the Industrial Light (IL) zone, Ward 3; and WHEREAS, On July 22, 2022, the original approval for Administrative Development Permit 22-020 was issued to Adesa International and involved the installation of an approximately 9,000-gallon nitrogen tank which would be utilized in conjunction with the packaging of Adesa International frozen foods; this approval included Conditions of Approval numbers 20-26; and Packet Page 1516 Resolution No. 2025-352 Resolution No. 2025-352 August 20, 2025 Page 2 of 13 WHEREAS, on July 20, 2023, planning staff deleted Conditions of Approval 20 through 26 from the original Administrative Development Permit 22-020 with Amendment to Conditions 23-01;and WHEREAS, On July 24, 2023 The Waterman Business Center Association sent a letter requesting an Appeal of Amendment to Conditions of Approval 23-01 specifically related to the deletion of Conditions of Approval numbers 20 (twenty) – 26 (twenty-six); and WHEREAS, On September 4, 2024, The Waterman Business Center Association filed Appeal 24-05 of Amendment to Conditions 23-01 for Administrative Development Permit 22- 020; and WHEREAS, on October 8, 2024 pursuant to the requirements of Sections 19.52.040 (Hearings and Appeals-Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission held a duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, Appeal 24-05 of Amendment to Conditions 23-01 for Administrative Development Permit 22-020; and WHEREAS, on October 8, 2024 Planning Commission meeting was continued to the Planning Commission meeting of November 12, 2024; and WHEREAS, at the duly noticed public hearing of the Planning Commission on November 12, 2024, public testimony was heard including comments by ADESA attorney and Family Memorial and Crematory and Social Vocational Services who testified about ADESA Frozen Foods’s impacts on the business center. After the appellant and respondents’ testimony, and public input, the Planning Commission deliberated and approved Appeal 24-05 which restored the deleted conditions of approval 20 (twenty) through 26 (twenty-six), redacted with the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020; and WHEREAS, on November 25, 2024, an appeal of the Planning Commission’s decision of November 12, 2024 was filed by Carney Mehr Law representing ADESA Frozen Foods, and a public hearing date of March 5, 2025 was set for consideration of the appeal by the Mayor and City Council; and WHEREAS, notice of the March 5, 2025 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The San Bernardino Sun newspaper on February 2, 2025 and mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, due to scheduling conflicts between both parties, the public hearing of March 5, 2025, was postponed to August 20, 2025; and WHEREAS, notice of the August 20, 2025 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The San Bernardino Sun Packet Page 1517 Resolution No. 2025-352 Resolution No. 2025-352 August 20, 2025 Page 3 of 13 newspaper on August 9, 2025 and mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearing and Appeals) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to act on Appeal 24-06 of Appeal 24-05 of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Compliance with the California Environmental Quality Act. Being the decision-making body for the project, the Mayor and City Council reviewed and considered the information contained in the administrative record for the initial approval of Administrative Development Permit 22-020. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Council finds as follows: 1. The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines, and 2. The proposed project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines; and 3. The application of the categorical exemption is not barred by one of the exceptions set forth in the State CEQA Guidelines Section 15300.2; and 4. The determination of State CEQA exemption reflects the independent judgment of the Mayor and City Council. SECTION 3. CONDITIONS OF APPROVAL FOR ORIGINAL SUPPORT OF ADMINISTRATIVE DEVELOPMENT PERMIT 22-020: Based upon the comprehensive review and evaluation, as required by Chapter 19.44 of the City of San Bernardino Development Code, Administrative Development Permit 22-020 was approved subject to the following Conditions of Approval: 1. This Administrative Development Permit is an approval to allow the installation of a nine thousand (9,000) gallon liquid nitrogen tank and equipment enclosure ancillary to the existing industrial building. The project site is located at 379 E. Industrial Road (APN:0141-581-03), within the Industrial Light (IL) Zone. Packet Page 1518 Resolution No. 2025-352 Resolution No. 2025-352 August 20, 2025 Page 4 of 13 2. Within two (2) years of the Administrative Development Permit approval, commencement of construction shall have occurred, or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one (1) year, then the permit/approval shall become null and void. However, approval of the Administrative Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval. 3. The site shall be developed and maintained in accordance with the approved plans stamped June 22, 2022 approved by the City, which includes a site plan, on file in the Planning Division; the conditions contained herein; and, the City’s Municipal Code regulations. EXPIRATION DATE: June 22, 2024 4. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 5. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. 6. The applicant further agrees to reimburse the City for any costs and attorneys’ fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as “Attorney’s fees” for the purpose of this condition. As part of the consideration for issuing this Administrative Development Permit, this condition shall remain in effect if the Administrative Development Permit is rescinded or revoked, whether or not at the request of applicant. 7. The project shall comply with all applicable requirements of the Building and Safety Division, Fire Department, Police Department, Municipal Water Department, Public Services Department, and the City Clerk’s Office/Business Registration Division. 8. If the color or architecture of the building is proposed to be modified in the future, the revised color scheme and architecture shall be submitted to the Planning Division prior to Packet Page 1519 Resolution No. 2025-352 Resolution No. 2025-352 August 20, 2025 Page 5 of 13 any modification of the building exterior, for evaluation for substantial conformance to the approved plans. 9. Minor Modification to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification which exceeds ten percent (10%) of allowable measurable design/site considerations shall require the refilling of the original application. 10. The property owner(s), facility operator and property management will be responsible for regular maintenance of the site. The site shall be maintained in a clean condition and free of litter and any other undesirable material(s). Vandalism, graffiti, trash and other debris must be removed within 24 hours of being reported. 11. The applicant/owner shall maintain all existing landscaping in the parking lot and setbacks in a weed and disease-free condition at all times and any dead or missing vegetation must be promptly replaced. 12. Signs are not approved as part of this permit. Prior to establishing any new signs or replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Signs painted on the buildings are prohibited. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 13. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval printed on the plan sheets. 14. A concrete washout shall be provided for the proposed project. 15. All Conditions of Approval shall be completed prior to final inspection and sign-off. 16. All new construction shall require permits prior to commencement. 17. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7:00 am or leave the site after 8:00 pm. Construction activities may only occur Monday through Friday. 18. All new construction shall be confirmed with the San Bernardino County Fire Department. Please contact San Bernardino County Fire Department Fire Prevention, located at 200 E. 3rd Street, San Bernardino, CA 92410 regarding all and/or any submittal requirements regarding new construction via phone at (909) 918-2200. The project shall comply with all applicable requirements of the Building and Safety Division, Fire Department, Police Department, Municipal Water Department, Public Services Department, and the City Clerk’s Office/Business Registration Division. Packet Page 1520 Resolution No. 2025-352 Resolution No. 2025-352 August 20, 2025 Page 6 of 13 19. Applicant shall ensure that all its vehicles and those of its employees and visitors park only on the 379 E Industrial Road lot and do not park on any other owner’s property without a written agreement in place with that owner. 20. Bobtail and semi-trucks will park, load, and unload only in the areas designated on Exhibit A. Applicant will limit semi-trucks access/egress to and from the lot to between the hours of 9:00 pm and 6:00 am. No semi-trucks will park on site outside of these hours. 21. Applicant agrees to screen the Liquid Nitrogen Tank in accordance with the plans approved by WBCA and the metal screening material will be painted to match the main building field color of 379 E Industrial Building. 22. Applicant agrees to install and maintain landscaping (including proper irrigation) to screen views from adjacent property in accordance with the plans to be approved by WBCA. 23. Applicant agrees to properly and promptly dispose of all waste to minimize odors and pests 24. No utility lines will be mounted on the exterior of the building. 25. The storm drain trench (which is WBCA property) is to remain undisturbed before, during and after construction. The storm drain flow of the lot will be maintained and not altered. 26. In addition to these conditions, WBCA is requiring proper notice (minimum 3 business days) and insurance before starting construction over, near, under, around the fire water main that runs through the proposed construction area. Public Works Conditions a. For the streets listed below, dedication of adequate street right-of-way (R.W.) per the General Plan and Municipal Code shall provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Street Name Dedication of Right of Way (ft.) from centerline Curb Line(ft) b. Industrial Road-TI=5.5: i) Placement of the tank shall not be within the existing or any future rights- of-way. Packet Page 1521 Resolution No. 2025-352 Resolution No. 2025-352 August 20, 2025 Page 7 of 13 ii) The existing curb & gutter, sidewalk, and/or driveway fronting the site are in fair condition, if any curb & gutter panels, or sidewalk panels are lifted, cracked, or do not meet current ADA requirements, each of the panels shall be replaced per city standards. Install Sidewalk in missing areas of the frontage. iii) Construct Commercial Driveway Approach per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Minimum Width is 26’. No Driveways closer than 100’ from BCR/ECR as directed by the City Engineer. iv) When replacing/reconstructing curb and gutter panels, construct 8" Curb and Gutter per City Standard No. 200, type “B”. v) If Replacing or reconstructing Sidewalk panels construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb). vi) Survey Monuments and ties shall be placed, replaced, tied out and recorded at any corner or alignment changes that are adjacent to the project area in accordance with California Land Surveyors Association – Monument Preservation Guidelines, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering. * A Scoping Form is required, this form shall indicate the need of a Traffic Report, the results of the traffic report shall become conditions of this project which may increase or extend the above requirements in section 1(b) and 5(a). * These Conditions are set for an estimated construction with-in two years. If construction exceeds two years from DERC Approval these conditions shall be reviewed and updated as needed. A second copy of the drainage report will be delivered to public works, if offsite or overflow storm drain systems are identified, all systems shall be identified on the street improvement plans, public storm drain shall be on a separate set of plans. c. City approved trash screens and filtration devices shall be installed in all catch basins or manhole connections. d. A temporary construction encroachment permit from Public Works Department shall be required for utility cuts into existing streets or any work within City’s right-of-way. Pavement restoration or trench repair shall be in conformance with City Standard No. 310. Public facilities shall be restored or constructed back to Public Works Department satisfaction. e. Any pavement work affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. f. The applicant must post a performance bond prior to issuance of the off-site permit. The amount of the bond is to be determined by Public Works Department. g. The above conditions shall comply with current codes and policies at time of construction. Packet Page 1522 Resolution No. 2025-352 Resolution No. 2025-352 August 20, 2025 Page 8 of 13 h. The above conditions shall comply with current codes, policies, and standards at time of construction. i. Prior to a Certificate of Occupancy or Completion of Project all As-builts shall be submitted to Public Works. 27. Required Engineering Plans a. A complete submittal for plan checking shall consist of: Street improvement plans (may include streetlight or street lighting may be separate plans). Signing and striping plan (may be on sheets included in street improvement plan On-site improvement plans and landscaping and irrigation, Lighting (on-site lighting may be included in on-site improvement plan or maybe on a separate stand-alone plan). CFD’s are required, the CFD Plans shall include Landscaping, Irrigation, Basins, etc. items that are included in the CFD that are not listed in the plans above, shall be on separate sheets included in the street improvement plans. Other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations). b. Copies of the City’s design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at http://www.sbcity.org. c. All off-site improvement plans submitted for plan check shall be prepared on the City’s standard 24” x 36” sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. d. After completion of plan checking, final Mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer and/or Building Official for approval. e. Electronic files of all improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2021 and include a .dxf file of the project. Files shall be on CD and shall be submitted at the same time the final mylar drawings are submitted for approval. 28. Required Engineering Permits a. On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. b. Off-site improvement construction permits. Packet Page 1523 Resolution No. 2025-352 Resolution No. 2025-352 August 20, 2025 Page 9 of 13 c. WQMP/Hydrology (THR) (if applicable) d. CFD/Street Dedication Permit (if applicable) e. Traffic Control and ROW Permits (if applicable) 29. Applicable Engineering Fees a. The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org b. All plan check: permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. c. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. 30. Traffic Requirements a. All Traffic mitigation measures shall be implemented according to the recommendations of the City Traffic Engineer prior to Street Improvement plan. 31. Integrated Waste Management a. During demolition and/or construction, services are to be provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. b. The site plan dated November 22, 2021, identifies the installation of a 9,000- gallon liquid nitrogen tank and equipment enclosure at an existing building located at 379. E. Industrial Road. c. Burrtec Waste’s review of the site plan identifies a proposed nitrogen storage tank located east of the existing refuse enclosure serving the property. The enclosure is currently accessed by a looped driveway. Based on the information provided, the project tank and enclosure will not impact Burrtec’ s ability to service the existing refuse enclosure. Any changes to the overall design, enclosure specifications or location, or access may adversely impact Burrtec’ s ability to service the project. Any design modification that could impact Burrtec’ s service will be subject to review by Burrtec. Burrtec’ s review of this project is limited to determining whether it meets Burrtec’ s minimum standards for waste and recycling collection services. Any comments or approvals by Burrtec are limited to these minimum standards as they relate to equipment and personnel and do not pertain to the project’s compliance with applicable federal, state and local land use and environmental laws, building codes or other applicable government regulations. Any approvals by Burrtec do not warrant or represent that Burrtec accepts any liability relative to the performance of waste and recycling collection services within this project. Packet Page 1524 Resolution No. 2025-352 Resolution No. 2025-352 August 20, 2025 Page 10 of 13 d. Contact the Building & Safety Division to determine ADA accessibility requirements. Modifications made to refuse enclosures to meet ADA accessibility requirements shall not decrease the minimum clear interior dimensions needed for the container storage area. e. Refuse enclosures within five (5) feet of combustible construction shall install an automatic fire sprinkler as approved by the Building & Safety Division and the San Bernardino County Fire Department. (See City Standard Plan 508). f. Refuse enclosure roofs shall be a minimum of eight (8) feet high interior at its lowest point, with minimal front protrusions that can be damaged during container servicing and must extend over any open side or the rear of the refuse enclosure by at least six (6) inches or as approved by the City. g. Burrtec Waste Truck Turning Radius – All corners and intersections on streets and driveways leading to refuse enclosures shall have a turning radius adequate for a 35-foot long, three-axle collection truck. The minimum inside curb radius shall be at least 28 feet. The minimum outside curb radius shall be at least 42 feet. All streets and driveways shall comply with applicable City standards. Burrtec Waste’s truck turning template may be obtained from the Public Works Department in PDF and CAD. h. Vertical and Horizontal Clearances – The minimum vertical clearance for collection trucks along the entire route to the refuse enclosure is fifteen (15) feet. The minimum vertical clearance in front of the refuse enclosure where the truck will empty the container shall be twenty-six (26) feet. The clear height shall be free of building overhangs, trees, and utility lines. The minimum horizontal clearance along the entire route to an enclosure is 12 feet. i. Hammerhead Turnarounds – Shall meet or exceed San Bernardino County Fire Protection District Diagram A-1.12: Hammerhead Turnaround Detail dated July 1, 2021. San Bernardino County Hammerhead detail may be obtained from the Public Works Department. j. If gated, access shall be provided by means of a key, code, or remote. k. Assembly Bill 341 Mandatory Commercial Recycling may apply. l. Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply. m. Senate Bill 1383 Short-Lived Climate Pollutants Reduction Act may apply. n. Upon completion, service is provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. 111 E. Mill Street, San Bernardino, CA 92408 (909) 804-4222. San Bernardino Consolidated Fire District 31. All conditions set forth by the County of San Bernardino Fire Department shall be followed. Packet Page 1525 Resolution No. 2025-352 Resolution No. 2025-352 August 20, 2025 Page 11 of 13 CONDITIONS OF APPROVAL FOR ORIGINAL SUPPORT OF AMENDMENT TO CONDITIONS OF APPROVAL 23-01 FOR ADMINISTRATIVE DEVELOPMENT PERMIT 22-020 WHICH WOULD BE INCLUDED IN PLANNING COMMISSION ADOPTED RESOLUTION 2024-0034 WITH THE MAYOR AND CITY COUNCIL ADOPTION OF RESOLUTION 2025-263: The approval of Amendment to Conditions of Approval 23-01 for Administrative Development Perit 22-020 was subject to the following Conditions of Approval: 1. This approval authorizes the applicant an allowance for the installation of a nine thousand (9,000) gallon liquid nitrogen tank and equipment enclosure ancillary to the existing industrial building located on a parcel containing approximately 0.83 acres located at 379 E. Industrial Road (APN:0141-581-03) within the Industrial Light (IL) zone. 2. This approval shall comply with Administrative Development Permit 22-20, dated June 22, 2022. The following Conditions of Approval for previously approved Administrative Development Permit 22-20 are deleted from the original approval of Administrative Development Permit 22- 020 as follows: 20. Bobtail and semi-trucks will park, load, and unload only in the areas designated. The Applicant will limit semi-trucks access/egress to and from the lot to between the hours of 9:00 pm and 6:00 am. No semi-trucks will park on site outside of these hours. 21. Applicant agrees to screen the Liquid Nitrogen Tank in accordance with the plans approved by WBCA and the metal screening material will be painted to match the main building field color of 379 E Industrial Building. 22. Applicant agrees to install and maintain landscaping (including proper irrigation) to screen views from adjacent property in accordance with the plans to be approved by WBCA. 23. Applicant agrees to properly and promptly dispose of all waste to minimize odors and pests 24. No utility lines will be mounted on the exterior of the building. 25. The storm drain trench (which is WBCA property) is to remain undisturbed before, during and after construction. The storm drain flow of the lot will be maintained and not altered. 26. In addition to these conditions, WBCA is requiring proper notice (minimum 3 business days) and insurance before starting construction over, near, under, around the fire water main that runs through the proposed construction area. End of Conditions of Approval Packet Page 1526 Resolution No. 2025-352 Resolution No. 2025-352 August 20, 2025 Page 12 of 13 SECTION 4.The documents and materials associated with this Resolution and that constitute the record of proceedings on which these findings are based are located at 290 North D Street, San Bernardino, CA 92401. The City Clerk is the custodian of the record of proceedings. SECTION 5.Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of August 2025 Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, Interim City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page 1527 Resolution No. 2025-352 Resolution No. 2025-352 August 20, 2025 Page 13 of 13 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, Interim City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-352, adopted at a regular meeting held on the 20th day of August 2025 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ ______ ______ _______ _______ IBARRA ______ ______ _______ _______ FIGUEROA ______ ______ _______ _______ SHORETT ______ ______ _______ _______ KNAUS ______ ______ _______ _______ FLORES ______ ______ _______ _______ ORTIZ ______ ______ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 20th day of August, 2025. _____________________________ Telicia Lopez, CMC, Interim City Clerk Packet Page 1528 96.49' 23 1 . 4 4 ' 184.30' E INDUSTRIAL RD 30 ' ± 24'-1"± 21 ' ± 63'± 8. 5 ' TY P 23 ' - 3 " ± ℄ 49.46'± 21 1 . 7 2 ' ± IN S T A L L A T I O N O F 9 , 0 0 0 - G A L L I N T A N K AN D E N C L O S U R E Ad e s a I n t e r n a t i o n a l LO C A T I O N SGE JOB No. 521.073.422 May 20, 2022 TEL. (949) 552-5244 FAX (949) 552-5243 S. GORDIN STRUCTURAL DESIGN 2081 Business Ctr Dr., Ste. 105, Irvine, CA 92612 & ENGINEERING SERVICES (SGE), INC. 37 9 E I n d u s t r i a l R d , S a n B e r n a r d i n o , C A 9 2 4 0 8 ADESA INTERNATIONAL November 22, 2021DATE: REVISIONS TOTAL SITE PLAN SHEETS - 2 DESIGNED BY APPROVED BY JT VSG THESE PLANS WERE DEVELOPED RESTRICTIVELY FOR USE ON THE STRUCTURES AND BY PERSONS/COMPANY AS SPECIFIED IN THE TITLE BLOCK. ANY OTHER USE (INCLUDING, BUT NOT LIMITED TO, DISSEMINATION AND COPYING) OF THESE PLANS OR ANY USE OF THE PLANS BY ANY PARTY OR PARTIES OTHER THAN THE ONES SPECIFIED IN THE TITLE BLOCK, ARE STRICTLY PROHIBITED UNLESS UNDER A WRITTEN PERMISSION BY SGE. CLIENT PRACTICAL SOLUTIONS 15233 VANADA RD, LA MIRADA, CA 90638 ATTENTION: REFER TO LIST OF REVISIONS ON THIS SHEET: THE RELEASE OF THIS DRAWING WITH THE LATEST REVISION NUMBER AND DATE SUPERSEDES AND VOIDS ALL DOCUMENTS PREVIOUSLY ISSUED BY SGE FOR THE SUBJECT SITE. NVICINITY MAP DRAWING INDEX SP1 SITE PLAN, NOTES & PROJECT INFORMATION SP2 ENLARGED AREA OF WORK, ELEVATIONS & DETAILS S1 STRUCTURAL LAYOUT, NOTES & DETAILS S2 STRUCTURAL DETAILS S3 ENCLOSURE DETAILS KEYNOTES EXISTING (E), NO CHANGE BY OTHERS, NIC NEW (N) REFER TO STRUCTURAL DRAWINGS 1E PROPERTY LINE 1N TANK: 9,000-GALLON LIN 2E PARKING 2N CONCRETE PAD 3E ACCESSIBLE PARKING SPACE 3N BOLLARD 4E PATH OF TRAVEL 4N CORRUGATED STEEL FENCE 5E DRIVEWAY 5N DOOR, BY OTHERS, NIC 6E BUILDING 6N SLIDING GATE, BY OTHERS, NIC 7E TRANSFORMER 8E REFUSE ENCLOSURE 9E 6' FENCE & GATE 10E CURB 1 - SP1 SITE PLAN, NOTES & PROJECT INFORMATION PROJECT SITE 20 0 20 401SITE PLAN FOR REFERENCE ONLY 5E 1E FTFTFT CONSTRUCTION NOTES 1. GENERAL CONSIDERATIONS A. ALL WORK SHALL BE PERFORMED IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF THE LOCAL, STATE, AND NATIONAL CODES, AS WELL AS WITH THE PRINCIPLES OF GOOD CONSTRUCTION PRACTICE. B. DURING THE CONSTRUCTION PERIOD THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE SAFETY (INCLUDING FIRE SAFETY) OF THE NEW, AS WELL AS EXISTING, STRUCTURES. THE CONTRACTOR SHALL PROVIDE ADEQUATE SHORING, BRACING, AND GUYS IN ACCORDANCE WITH ALL NATIONAL, STATE, AND LOCAL SAFETY ORDINANCES. THAT RESPONSIBILITY SHALL APPLY CONTINUOUSLY AND SHALL NOT BE LIMITED TO NORMAL WORKING HOURS. ANY DEVIATION FROM SUCH ORDINANCES MUST BE REVIEWED AND APPROVED BY SGE PRIOR TO CONSTRUCTION. C. THE CONTRACTOR SHALL THOROUGHLY REVIEW THE PLANS AND CHECK ALL DIMENSIONS PRIOR TO COMMENCING THE WORK. ALL DISCREPANCIES SHALL BE CALLED TO THE ATTENTION OF SGE AND RESOLVED BEFORE PROCEEDING WITH THE WORK. D. THE CONTRACTOR SHOULD NOT PROCEED WITH CONSTRUCTION IN CASE OF CONFLICT(S) BETWEEN THE DETAILS, AND/OR BETWEEN THE DETAILS AND PLANS, AND/OR BETWEEN THE PLANS AND SCHEDULES. THE CONSTRUCTION SHALL RESUME ONLY UPON THE FULL RESOLUTION OF SUCH CONFLICT BY SGE. E. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE RESTORATION OF WORKING CONDITION OF ALL EXISTING COMPONENTS AND STRUCTURES AFFECTED BY THIS CONSTRUCTION. THE CONTRACTOR SHALL CONSTANTLY KEEP THE AREA OF CONSTRUCTION FROM ACCUMULATION OF WASTE MATERIALS AND DEBRIS. F. AT THE END OF EACH DAY OF CONSTRUCTION ACTIVITY, ALL CONSTRUCTION DEBRIS AND WASTE MATERIALS SHALL BE COLLECTED AND PROPERLY DISPOSED IN TRASH OR RECYCLE BINS. AT THE END OF WORK, THE CONTRACTOR SHALL REMOVE ALL WASTE, SURPLUS MATERIAL, TOOLS, AND EQUIPMENT. G. THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONJUNCTION WITH THIS PROJECT EXCEPT FOR LIABILITY RISING FROM THE SOLE NEGLIGENCE OF THE ENGINEER. H. DO NOT SCALE THESE DRAWINGS. WRITTEN DIMENSIONS TAKE PRECEDENCE OVER ASSUMED OR SCALED DIMENSIONS. I. ALL DIMENSIONS ARE TO FACE OF FINISHED SURFACES. LAYOUT OF STRUCTURES AND FOUNDATIONS MUST BE DETERMINED BY EXAMINATION OF PLANS AND FINISH MATERIALS SELECTED AND SHALL NOT BE ASSUMED AS BEING EXPRESSED BY THE WRITTEN FINISHED SURFACE DIMENSIONS. J. SITE DRAWINGS ARE BASED UPON THE PLANS OBTAINED FROM THE AUTHORITY HOLDING JURISDICTION (AHJ), AND/OR PROVIDED BY THE PROPERTY OWNER, AND/OR AVAILABLE AERIAL IMAGES. UNLESS NOTED OTHERWISE, NO TOPOGRAPHIC, BOUNDARY, OR LAND TITLE SURVEY WAS PERFORMED FOR THE PROJECT. 2. STORMWATER, EROSION, AND ENVIRONMENTAL CONSIDERATIONS ALL CONSTRUCTION WORK SHALL FULLY COMPLY WITH ALL STORMWATER, EROSION, GRADING, AND ENVIRONMENTAL REQUIREMENTS OF THE LOCAL, STATE AND FEDERAL CODES - INCLUDING (BUT NOT LIMITED TO) THE FOLLOWING: A. ALL CONSTRUCTION CONTRACTOR AND SUBCONTRACTOR PERSONNEL ARE TO BE MADE AWARE OF, AND COMPLY WITH, THE AUTHORITY HOLDING JURISDICTION (AHJ) BEST MANAGEMENT PRACTICES (BMP) AND GOOD HOUSEKEEPING MEASURES FOR THE PROJECT SITE AND ANY ASSOCIATED CONSTRUCTION STAGING AREAS. B. APPROPRIATE BMP FOR CONSTRUCTION-RELATED MATERIALS, WASTES, AND SPILLS SHALL BE IMPLEMENTED TO MINIMIZE TRANSPORT FROM THE SITE TO STREETS, DRAINAGE FACILITIES, OR ADJOINING PROPERTY BY WIND OR RUNOFF. C. CONSTRUCTION SITES SHALL BE MAINTAINED IN SUCH A CONDITION THAT AN ANTICIPATED STORM DOES NOT CARRY WASTES OR POLLUTANTS OFF THE SITE. DISCHARGES OF MATERIAL OTHER THAN STORMWATER ARE ALLOWED ONLY WHEN NECESSARY FOR PERFORMANCE AND COMPLETION OF CONSTRUCTION PRACTICES AND WHERE THEY DO NOT: (A) CAUSE OR CONTRIBUTE TO A VIOLATION OF ANY WATER QUALITY STANDARD; (B) CAUSE OR THREATEN TO CAUSE POLLUTION, CONTAMINATION, OR NUISANCE; AND/OR (C) CONTAIN A HAZARDOUS SUBSTANCE IN A QUANTITY REPORTABLE UNDER FEDERAL REGULATIONS CFR PARTS 117 AND 302. D. RUNOFF FROM EQUIPMENT AND VEHICLE WASHING SHALL BE CONTAINED AT CONSTRUCTION SITES UNLESS TREATED TO REDUCE OR REMOVE SEDIMENT OR OTHER POLLUTANTS. E. POTENTIAL POLLUTANTS INCLUDE, BUT ARE NOT LIMITED TO: SOLID OR LIQUID CHEMICAL SPILLS; WASTES FROM PAINTS, STAINS, SEALANTS, GLUES, LIMES, PESTICIDES, HERBICIDES, WOOD PRESERVATIVES AND SOLVENTS; ASBESTOS FIBERS, PAINT FLAKES OR STUCCO FRAGMENTS; FUELS, OILS, LUBRICANTS, AND HYDRAULIC, RADIATOR OR BATTERY FLUIDS; FERTILIZERS, VEHICLE/EQUIPMENT WASH WATER AND CONCRETE WASH WATER; CONCRETE; DETERGENT OR FLOATABLE WASTES; WASTES FROM ANY ENGINE/ EQUIPMENT STEAM CLEANING OR CHEMICAL DEGREASING AND SUPERCHLORINATED POTABLE WATER LINE FLUSHING. F. DURING CONSTRUCTION, THE DISPOSAL OF SUCH MATERIALS SHALL OCCUR IN A SPECIFIED AND CONTROLLED TEMPORARY AREA ON-SITE PHYSICALLY SEPARATED FROM STORMWATER RUNOFF, WITH ULTIMATE DISPOSAL IN ACCORDANCE WITH LOCAL, STATE AND FEDERAL REQUIREMENTS. G. DEWATERING OF CONTAMINATED GROUND WATER OR DISCHARGING OF CONTAMINATED SOILS VIA SURFACE EROSION IS PROHIBITED. DEWATERING OF NON-CONTAMINATED GROUND WATER REQUIRES A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT FROM THE RESPECTIVE STATE REGIONAL WATER QUALITY BOARD. H. SEDIMENT FROM AREAS DISTURBED BY CONSTRUCTION SHALL BE RETAINED ON SITE USING STRUCTURAL CONTROLS TO THE MAXIMUM PRACTICAL EXTENT. I. STOCKPILES OF SOIL SHALL BE PROPERLY CONTAINED TO MINIMIZE SEDIMENT TRANSPORT FROM THE SITE TO STREETS, DRAINAGE FACILITIES OR ADJACENT PROPERTIES VIA RUNOFF, VEHICLE TRACKING, OR WIND. J. GRADED AREAS ON THE PERMITTED AREA PERIMETER MUST DRAIN AWAY FROM THE FACE OF THE SLOPES AND TOWARD DESILTING FACILITIES AT THE CONCLUSION OF EACH WORKING DAY. K. THE PERMITTEE AND THE CONTRACTOR SHALL BE RESPONSIBLE AND SHALL TAKE THE NECESSARY PRECAUTIONS TO PREVENT PUBLIC TRESPASS ONTO AREAS WHERE IMPOUNDED WATER CREATES A HAZARDOUS CONDITION. L. THE PERMITTEE AND THE CONTRACTOR SHALL ENSURE THAT THE EROSION CONTROL WORK IS IN ACCORDANCE WITH THE APPROVED PLANS. 3. ACCESSIBILITY CONSIDERATIONS AN ACCESSIBLE ROUTE (PATH OF TRAVEL) FROM THE AREA OF WORK TO THE BUILDING ENTRY, TOILET ROOMS, AND ACCESSIBLE PARKING SHALL FULLY COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE BUILDING CODE AND AJH. THESE REQUIREMENTS INCLUDE (BUT ARE NOT LIMITED TO) THE FOLLOWING: A. PATH OF TRAVEL SHALL BE ESTABLISHED ALONG THE SHORTEST POSSIBLE ACCESSIBLE ROUTE FROM THE ACCESSIBLE PARKING TO THE BUILDING ENTRANCE AND DESIGNATED WITH CODE-COMPLIANT SIGNAGE. B. ANY OBSTRUCTION THAT OVERHANGS THE PATH OF TRAVEL SHALL BE A MINIMUM OF 80” ABOVE THE WALKING SURFACE AS MEASURED FROM THE BOTTOM OF THE OBSTRUCTION. C. WALKS AND SIDEWALKS SHALL BE A MINIMUM OF 48” WIDE EXCEPT AT DOORS WHERE WIDENED LEVEL AREAS SHALL BE PROVIDED. THE WIDENED LEVEL AREAS SHALL NOT BE LESS THAN 60” SQUARE AT A DOOR OR GATE THAT SWINGS TOWARD THE WALK, AND NOT LESS THAN 48” WIDE BY 44” DEEP AT A DOOR OR GATE THAT SWINGS AWAY FROM THE WALK. D. THE SLOPE OR WALKING SURFACES OF ACCESSIBLE ROUTES SHALL NOT EXCEED 5% ALONG THE DIRECTION OF TRAVEL AND 2% ACROSS THAT DIRECTION. E. ABRUPT CHANGES IN LEVEL ALONG ANY ACCESSIBLE ROUTE SHALL NOT EXCEED ½” UNLESS BEVELED WITH A SLOPE OF 50% MAXIMUM. CHANGES IN LEVEL NOT EXCEEDING ¼” MAY BE VERTICAL. F. WALKING SURFACES ON AN ACCESSIBLE ROUTE SHALL BE FREE OF GRATINGS WHENEVER POSSIBLE. GRATINGS LOCATED IN THE SURFACE OF ANY OF THESE AREAS SHALL HAVE GRID OPENINGS MEASURING MAXIMUM ½” IN THE DIRECTION OF TRAFFIC FLOW. G. FLOOR AND GROUND SURFACES SHALL BE STABLE, FIRM, AND SLIP RESISTANT. IF CARPET OR CARPET TILE IS USED IN A COMMON-USE AREA OR PUBLIC-USE AREA ON A GROUND OR FLOOR SURFACE, IT SHALL HAVE FIRM BACKING OR NO BACKING. CARPET OR CARPET TILE SHALL HAVE A LEVEL LOOP, TEXTURED LOOP, LEVEL CUT PILE, OR LEVEL CUT/UNCUT PILE TEXTURE WITH MAXIMUM PILE HEIGHT OF ½”. EXPOSED EDGES OF CARPET SHALL BE FASTENED TO FLOOR SURFACES AND HAVE TRIM ALONG THE ENTIRE LENGTH OF THE EXPOSED EDGE. H. ALL DOOR MATS SHALL BE RECESSED AND ADEQUATELY ANCHORED TO PREVENT INTERFERENCE WITH WHEELCHAIR TRAFFIC. I. ALL LEVEL AREAS AT EXIST DOORS SHALL HAVE MINIMUM LENGTHS OF 60” IN THE DIRECTION OF THE DOOR SWING AND 44” IN THE OPPOSITE DIRECTION - AS MEASURED AT RIGHT ANGLES TO THE PLANE OF THE DOOR IN ITS CLOSED POSITION. J. ALL DOORS SHALL PROVIDE A MINIMUM CLEAR WIDTH OF 32” AND HEIGHT OF 80”. CLEAR OPENINGS OF DOORWAYS WITH SWINGING DOORS SHALL BE MEASURED BETWEEN THE FACE OF THE DOOR AND THE STOP, WITH THE DOOR OPEN 90 DEGREES. K. OPENINGS MORE THAN 24” DEEP SHALL BE MINIMUM 36” WIDE CLEAR. L. THERE SHALL BE NO PROJECTIONS INTO THE REQUIRED CLEAR OPENING WIDTH LOWER THAN 34” ABOVE THE FINISH FLOOR OR GROUND. PROJECTIONS INTO THE CLEAR OPENING WIDTH BETWEEN 34” AND 80” ABOVE THE FINISH FLOOR OR GROUND SHALL NOT EXCEED 4 INCHES. M. HAND-ACTIVATED DOOR OPENING HARDWARE (LEVER-TYPE HARDWARE, PANIC BARS, PUSH-PULL ACTIVATING BARS OR OTHER HARDWARE DESIGNED TO PROVIDE PASSAGE) SHALL HAVE A SHAPE THAT IS EASY TO GRASP WITH ONE HAND AND DOES NOT REQUIRE TIGHT GRASPING, TIGHT PINCHING OR TWISTING OF THE WRIST TO OPERATE. N. HAND-ACTIVATED DOOR OPENING HARDWARE SHALL BE OPERABLE WITH A SINGLE EFFORT NOT EXCEEDING 8.5 LBS FOR EXTERIOR DOORS, 5 LBS FOR INTERIOR DOORS, AND 15 LBS FOR FIRE DOORS. O. ALL OPERABLE DOOR HARDWARE SHALL BE MOUNTED AT 30” MINIMUM AND 44” MAXIMUM ABOVE THE FINISHED FLOOR. P. SURFACES OF SWINGING DOORS WITHIN THE VERTICAL DISTANCE OF 10” FROM THE FINISH FLOOR SHALL HAVE A SMOOTH SURFACE ON THE PUSH SIDE EXTENDING THE FULL WIDTH OF THE DOOR OR GATE. NOTE: SITE PLAN IS FOR REFERENCE ONLY SGE STAMP ONLY PERTAINS TO THE AREA OF WORK. PROJECT INFORMATION NO CHANGE PROJECT DESCRIPTION INSTALLATION OF A 9,000-GALLON HORIZONTAL LIN TANK CHANGE IN PARKING NO CHANGE IN FLOOR AREA PROJECT VALUATION TBD PROJECT ADDRESS 379 E INDUSTRIAL RD, SAN BERNARDINO, CA 92408 PROJECT COORDINATES 34.0567841 °N, 117.2767049 °W ASSESSOR PARCEL NUMBER 0141-581-03 ZONING INDUSTRIAL LIGHT - IL OCCUPANCY F-2, S-2 CODES 2019 CALIFORNIA BUILDING CODE 2019 CALIFORNIA MECHANICAL CODE 2019 CALIFORNIA PLUMBING CODE 2019 CALIFORNIA ELECTRICAL CODE 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE 2019 CALIFORNIA ENERGY EFFICIENCY STANDARDS 2019 CALIFORNIA FIRE CODE LOT SIZE 0.83 ACRES BUILDING AREA 16,237 S.F. BUILDING CONSTRUCTION TYPE V-B AUTOMATED SPRINKLERS?YES EXISTING USES WITHIN 100' OF PROPERTY INDUSTRIAL LIGHT - IL PAVEMENT TYPE ASPHALT PROJECT TEAM OWNER ALBERTO DE SANTIAGO 1440 VINEYARD AVE, ONTARIO, CA 91761 (949) 975-9412 TENANT ADESA INTERNATIONAL 379 E INDUSTRIAL RD, SAN BERNARDINO, CA 92408 (562) 234-1322 STRUCTURAL ENGINEER SGE CONSULTING STRUCTURAL ENGINEERS 2081 BUSINESS CENTER DR. #105 IRVINE, CA 92612 (949) 552-5244 CONTRACTOR TBD E REDLANDS BLVD S W A T E R M A N A V E E INDUSTR I A L R D E COMMERCIAL RD 10 N 2E 2E 2E 3E 6E 10E 8E AREA OF WORK 1 SP2 ENLARGED 7E 3E 5E 9E 10E 10E 10E 10E 4E 1N 2N 3N 4N 4 PARKING SPACES TO BE REMOVED PARKING ANALYSIS BUILDING 379 USE OF AREA OFFICE INDUSTRIAL - WAREHOUSE/STORAGE FLOOR AREA 2,123 SF OFFICE + 14,114 SF INDUSTRIAL 16,237 SF TOTAL REQUIRED PARKING PER CODE, OFFICE 1 SPACE PER 250 SF REQUIRED PARKING PER CODE, INDUSTRIAL 1 SPACE PER 1,000 SF CALCULATED REQUIRED PARKING, OFFICE 2,123 SF x 1 SPACE = 8.5 SPACES 250 SF 9 PARKING SPACES REQUIRED BASED ON OFFICE AREA PER CODE CALCULATED REQUIRED PARKING, INDUSTRIAL 14,114 SF x 1 SPACE = 14.1 SPACES 1,000 SF 15 PARKING SPACES REQUIRED BASED ON INDUSTRIAL AREA PER CODE CALCULATED REQUIRED PARKING, TOTAL 9 SPACES OFFICE + 15 SPACES INDUSTRIAL 24 SPACES TOTAL REQUIRED PROPOSED CHANGES 4 PARKING SPACES TO BE REMOVED NO CHANGES TO ADA PARKING SPACES PARKING SUMMARY CURRENT PROPOSED 31 SPACES AVAILABLE 7 SPACES IN EXCESS CURRENT PARKING IN COMPLIANCE WITH PARKING STANDARDS 27 SPACES AVAILABLE 3 SPACES IN EXCESS PROPOSED PARKING IN COMPLIANCE WITH PARKING STANDARDS ADDITIONAL PARKING NOTES ALL REMAINING PARKING SPACES ARE TO BE ACCESSIBLE AT ALL TIMES. ALL EMPLOYEE PARKING TO BE DONE WITHIN THE PROPERTY SITE ONLY. PARKING AT OTHER PROPERTIES AND ON-STREET PARKING IS NOT ALLOWED. 5N 6N OPERATIONAL CONSIDERATIONS SEMI-TRUCK DELIVERIES WILL BE BETWEEN THE HOURS OF 9PM AND 6AM. OPERATIONS TEAMS WILL DISPOSE OF ALL WASTE IN A TIMELY MANNER IN AN EFFORT TO MAINTAIN CLEAN VISUALS AND MINIMIZE ANY ODORS. TRAFFIC WILL BE PROPERLY MANAGED AND NO TRAFFIC WILL PARK ON ADJACENT PROPERTY. Packet Page 1529 36'-3" 16 ' - 9 " 6"± IN S T A L L A T I O N O F 9 , 0 0 0 - G A L L I N T A N K AN D E N C L O S U R E Ad e s a I n t e r n a t i o n a l LO C A T I O N SGE JOB No. 521.073.422 May 20, 2022 TEL. (949) 552-5244 FAX (949) 552-5243 S. GORDIN STRUCTURAL DESIGN 2081 Business Ctr Dr., Ste. 105, Irvine, CA 92612 & ENGINEERING SERVICES (SGE), INC. 37 9 E I n d u s t r i a l R d , S a n B e r n a r d i n o , C A 9 2 4 0 8 ADESA INTERNATIONAL November 22, 2021DATE: REVISIONS TOTAL SITE PLAN SHEETS - 2 DESIGNED BY APPROVED BY JT VSG THESE PLANS WERE DEVELOPED RESTRICTIVELY FOR USE ON THE STRUCTURES AND BY PERSONS/COMPANY AS SPECIFIED IN THE TITLE BLOCK. ANY OTHER USE (INCLUDING, BUT NOT LIMITED TO, DISSEMINATION AND COPYING) OF THESE PLANS OR ANY USE OF THE PLANS BY ANY PARTY OR PARTIES OTHER THAN THE ONES SPECIFIED IN THE TITLE BLOCK, ARE STRICTLY PROHIBITED UNLESS UNDER A WRITTEN PERMISSION BY SGE. CLIENT PRACTICAL SOLUTIONS 15233 VANADA RD, LA MIRADA, CA 90638 ATTENTION: REFER TO LIST OF REVISIONS ON THIS SHEET: THE RELEASE OF THIS DRAWING WITH THE LATEST REVISION NUMBER AND DATE SUPERSEDES AND VOIDS ALL DOCUMENTS PREVIOUSLY ISSUED BY SGE FOR THE SUBJECT SITE. PARKINGONLY VAN ACCESSIBLE MINIMUM FINE $250 80 " M I N T O F I N . G R A D E WA L L O R P O L E M O U N T E D PARKING IDENTIFICATION SIGNS SHALL BE REFLECTORIZED WITH A MINIMUM AREA OF 70 SQUARE INCHES PARKING SPACE IDENTIFICATION SIGNS SHALL INCLUDE THE INTERNATIONAL SYMBOL OF ACCESSIBILITY. SYMBOL OF ACCESSIBILITY AND THEIR BACKGROUND SHALL HAVE A NON-GLARE FINISH, THE SYMBOL SHALL CONSIST OF A WHITE FIGURE ON A BLUE BLACK GROUND. THE BLUE SHALL BE COLOR NO. 15090 IN FEDERAL STANDARD 595B. ADDITIONAL SIGN REQUIRED FOR VAN ACCESSIBLE PARKING ADDITIONAL SIGN BELOW THE INTERNATIONAL SYMBOL OF ACCESSIBILITY SHALL STATE "MINIMUM FINE $250". ℄ OF ACCESSIBLE PARKING SIGN NOTE: PARKING SPACE IDENTIFICATION SIGN SHALL BE VISIBLE FROM EACH PARKING SPACE. SIGNS SHALL BE PERMANENTLY POSTED EITHER IMMEDIATELY ADJACENT TO THE PARKING SPACE OR WITHIN THE PROJECTED PARKING SPACE WIDTH AT THE HEAD END OF THE PARKING SPACE. SIGNS MAY ALSO BE PERMANENTLY POSTED ON A WALL AT THE INTERIOR END OF THE PARKING SPACE. AN ADDITIONAL SIGN SHALL BE POSTED EITHER: 1. IN A CONSPICUOUS PLACE AT EACH ENTRANCE TO AN OFF-STREET PARKING FACILITY OR; 2. IMMEDIATELY ADJACENT TO ON-SITE ACCESSIBLE PARKING AND VISIBLE FROM EACH PARKING SPACE 17" MIN 22 " MI N THE ADDITIONAL SIGN SHALL CLEARLY STATE IN LETTERS WITH A MINIMUM HEIGHT OF 1 INCH THE FOLLOWING: "UNAUTHORIZED VEHICLES PARKED IN DESIGNATED ACCESSIBLE SPACES NOT DISPLAYING DISTINGUISHING PLACARDS OR SPECIAL LICENSE PLATES ISSUED FOR PERSONS WITH DISABILITIES WILL BE TOWED AWAY A THE OWNER'S EXPENSE. TOWED VEHICLES MAY BE RECLAIMED AT: ________________ OR BY TELEPHONING: ________________." ACCESSIBILITY DIRECTIONAL SYMBOL 9'-0" M I N 8' 17' NOPAR K I N G 18'-0 " @ 9 0 ° P A R K I N G 20'-0 " D I A G O N A L P A R K I N G 36" 36 " NOTE: EACH ACCESSIBLE CAR AND VAN SPACE SHALL HAVE SURFACE IDENTIFICATION INTERNATIONAL SYMBOL OF ACCESSIBILITY COLORED IN WHITE ON A BLUE BACKGROUND. THE BLUE SHALL BE COLORED NO. 15090 IN FEDERAL STANDARD 595B. THE CENTERLINE OF THE INTERNATIONAL SYMBOL OF ACCESSIBILITY SHALL BE A MAXIMUM OF 6 INCHES FROM THE CENTERLINE OF THE PARKING SPACE, IT'S SIDES PARALLEL TO THE LENGTH OF THE PARKING SPACE AND ITS LOWER CORNER, AT OR LOWER SIGN ALIGNED WITH, THE END OF THE PARKING SPACE. (N)TOC 10 ' - 6 " R E F 12" CLR FOR VENTILATION 11 ' 7' 6" 6" (E)TOG 1 ENLARGED AREA OF WORK PLAN, SCALE: 1" = 3-0" SP2 ENLARGED AREA OF WORK, ELEVATIONS & DETAILS N ACCESS AISLES SHALL BE MARKED WITH A BLUE PAINTED BORDERLINE AROUND THEIR PERIMETER. THE AREA WITHIN THE BLUE BORDERLINES SHALL BE MARKED WITH HATCHED LINES A MAXIMUM OF 36 INCHES ON CENTER IN COLOR CONTRASTING WITH THAT OF THE AISLE SURFACE, PREFERABLY BLUE OR WHITE. THE WORDS "NO PARKING" SHALL BE PAINTED ON THE SURFACE WITHIN EACH ACCESS AISLES IN WHITE LETTERS A MINIMUM OF 12 INCHES IN HEIGHT AND LOCATED TO BE VISIBLE FROM THE ADJACENT VEHICULAR WAY. ACCESS AISLES MARKING MARKINGS MAY EXTEND BEYOND THE MINIMUM REQUIRED LENGTH. ACCESS AISLES SHALL NOT OVERLAP THE VEHICULAR WAY AND SHALL BE PERMITTED TO BE PLACED ON EITHER SIDE OF THE PARKING SPACE EXCEPT FOR VAN PARKING SPACES WHICH SHALL HAVE ACCESS AISLES LOCATED ON THE PASSENGER SIDE OF THE PARKING SPACES. A CURB OR WHEEL STOP SHALL BE PROVIDED IF REQUIRED TO PREVENT ENCROACHMENT OF VEHICLES OVER THE REQUIRED CLEAR WIDTH OF ADJACENT ACCESSIBLE ROUTES. MAX SLOPE OF PARKING SURFACE SHALL NOT EXCEED 2% IN ANY DIRECTION. THE PARKING SPACE SHALL BE OUTLINED OR PAINTED BLUE ADA PARKING STANDARDS THE PARKING STANDARDS SHALL BE IN COMPLIANCE WITH 2010 ADA STANDARDS FOR ACCESSIBLE DESIGN AND 2019 CBC 11B DIVISION 5 2 (N) TANK ELEVATION, SCALE: 1" = 3'-0" 2 - KEYNOTES EXISTING (E), NO CHANGE BY OTHERS, NIC NEW (N) REFER TO STRUCTURAL DRAWINGS 1E PROPERTY LINE 1N TANK: 9,000-GALLON LIN 2E PARKING 2N CONCRETE PAD 3E ACCESSIBLE PARKING SPACE 3N BOLLARD 4E PATH OF TRAVEL 4N CORRUGATED STEEL FENCE 5E DRIVEWAY 5N DOOR, BY OTHERS, NIC 6E BUILDING 6N SLIDING GATE, BY OTHERS, NIC 7E TRANSFORMER 8E REFUSE ENCLOSURE 9E 6' FENCE & GATE 10E CURB 3N 2N 3N 1N 2N 4N (E) SUBBASE 9E 10E 10E 1N 4N COLUMN CL TYP 6N 5N 6N (N) SECURITY BARS Packet Page 1530 Resolution No. 2025-353 Resolution No. 2025-353 August 20, 2025 Page 1 of 14 RESOLUTION NO. 2025-353 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING APPEAL 24-06, THEREBY OVERTURNING THE PLANNING COMMISSION’S APPROVAL OF APPEAL 24-05, WHICH RE-INSTATED THE DELETED CONDITIONS OF APPROVAL 20 (TWENTY) THROUGH 26 (TWENTY-SIX), THAT WERE REDACTED WITHIN THE COMMUNITY DEVELOPMENT AND HOUSING DEPARTMENTS APPROVAL OF AMENDMENT TO CONDITIONS OF APPROVAL 23-01 FOR ADMINISTRATIVE DEVELOPMENT PERMIT 22-020 FOR THE PROPERTY LOCATED AT 379 E. INDUSTRIAL ROAD ON 0.83 ACRES (APN: 0141-581-03) WITHIN THE INDUSTRIAL LIGHT (IL) ZONE, WARD 3. WHEREAS, on November 25, 2024, pursuant to the requirements of Section 19.44.020 (Administrative and Development Permits-Applications) of the City of San Bernardino Development Code an application for Appeal 24-06 was duly submitted by: Appellant: Adesa International and SGE Investments, LLC 379 E. Industrial Road City of San Bernardino, CA 92408 Respondent: Waterman Business Center Association 328 E. Commercial Road Suite 107 San Bernardino, CA 92408 Parcel Address: 379 E. Industrial Road APN:0141-581-03 Lot Area:0.83 acres WHEREAS, Appeal 24-06 is an appeal of the Planning Commission’s approval of Appeal 24-05 of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020 in which conditions of approval numbers 20 (twenty) through 26 (twenty-six) were deleted from the original Administrative Development Permit 22-020 for the property known as 379 E. Industrial Road located on 0.83 acres (APN: 0141-581-03) located within the Industrial Light (IL) zone, Ward 3; and WHEREAS, On July 22, 2022, the original approval for Administrative Development Permit 22-020 was issued to Adesa International and involved the installation of an approximately 9,000-gallon nitrogen tank which would be utilized in conjunction with the packaging of Adesa International frozen foods; this approval included Conditions of Approval numbers 20-26; and Packet Page 1531 Resolution No. 2025-353 Resolution No. 2025-353 August 20, 2025 Page 2 of 14 WHEREAS, on July 20, 2023, planning staff amended and deleted Conditions of Approval 20 through 26 from the original Administrative Development Permit 22-020 with Amendment to Conditions 23-01;and WHEREAS, On July 24, 2023 The Waterman Business Center Association sent a letter requesting an Appeal of Amendment to Conditions of Approval 23-01 specifically related to the deletion of Conditions of Approval numbers 20 (twenty) – 26 (twenty-six); and WHEREAS, On September 4, 2024, The Waterman Business Center Association filed Appeal 24-05 of Amendment to Conditions 23-01 for Administrative Development Permit 22- 020; and WHEREAS, on October 8, 2024 pursuant to the requirements of Sections 19.52.040 (Hearings and Appeals-Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission held a duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, Appeal 24-05 of Amendment to Conditions 23-01 for Administrative Development Permit 22-020; and WHEREAS, on October 8, 2024 Planning Commission meeting was continued to the Planning Commission meeting of November 12, 2024; and WHEREAS, at the duly noticed public hearing of the Planning Commission on November 12, 2024, public testimony was heard including comments by ADESA attorney and Family Memorial and Crematory and Social Vocational Services who testified about ADESA Frozen Foods’s impacts on the business center. After the appellant and respondents’ testimony, and public input, the Planning Commission deliberated and approved Appeal 24-05 which restored the deleted conditions of approval 20 (twenty) through 26 (twenty-six), redacted with the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020; and WHEREAS, on November 25, 2024, an appeal of the Planning Commission’s decision of November 12, 2024 was filed by Carney Mehr Law representing ADESA Frozen Foods, and a public hearing date of March 5, 2025 was set for consideration of the appeal by the Mayor and City Council; and WHEREAS, notice of the March 5, 2025 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The San Bernardino Sun newspaper on February 2, 2025 and mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, due to scheduling conflicts between both parties, the public hearing of March 5, 2025, was postponed to August 20, 2025; and Packet Page 1532 Resolution No. 2025-353 Resolution No. 2025-353 August 20, 2025 Page 3 of 14 WHEREAS, notice of the August 20, 2025 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The San Bernardino Sun newspaper on August 9, 2025 and mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearing and Appeals) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to act on Appeal 24-06 of Appeal 24-05 of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Compliance with the California Environmental Quality Act. Being the decision-making body for the project, the Mayor and City Council reviewed and considered the information contained in the administrative record for the initial approval of Administrative Development Permit 22-020. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Council finds as follows: 1. The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines, and 2. The proposed project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines; and 3. The application of the categorical exemption is not barred by one of the exceptions set forth in the State CEQA Guidelines Section 15300.2; and 4. The determination of State CEQA exemption reflects the independent judgment of the Mayor and City Council. SECTION 3. CONDITIONS OF APPROVAL FOR ORIGINAL SUPPORT OF ADMINISTRATIVE DEVELOPMENT PERMIT 22-020: Based upon the comprehensive review and evaluation, as required by Chapter 19.44 of the City of San Bernardino Development Code, Administrative Development Permit 22-020 was approved subject to the following Conditions of Approval: Packet Page 1533 Resolution No. 2025-353 Resolution No. 2025-353 August 20, 2025 Page 4 of 14 1. This Administrative Development Permit is an approval to allow the installation of a nine thousand (9,000) gallon liquid nitrogen tank and equipment enclosure ancillary to the existing industrial building. The project site is located at 379 E. Industrial Road (APN:0141-581-03), within the Industrial Light (IL) Zone. 2. Within two (2) years of the Administrative Development Permit approval, commencement of construction shall have occurred, or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one (1) year, then the permit/approval shall become null and void. However, approval of the Administrative Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval. 3. The site shall be developed and maintained in accordance with the approved plans stamped June 22, 2022 approved by the City, which includes a site plan, on file in the Planning Division; the conditions contained herein; and, the City’s Municipal Code regulations. EXPIRATION DATE: June 22, 2024 4. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 5. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. 6. The applicant further agrees to reimburse the City for any costs and attorneys’ fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as “Attorney’s fees” for the purpose of this condition. As part of the consideration for issuing this Administrative Development Permit, this condition shall remain in effect if the Administrative Development Permit is rescinded or revoked, whether or not at the request of applicant. Packet Page 1534 Resolution No. 2025-353 Resolution No. 2025-353 August 20, 2025 Page 5 of 14 7. The project shall comply with all applicable requirements of the Building and Safety Division, Fire Department, Police Department, Municipal Water Department, Public Services Department, and the City Clerk’s Office/Business Registration Division. 8. If the color or architecture of the building is proposed to be modified in the future, the revised color scheme and/or architecture shall be submitted to the Planning Division prior to any modification of the building exterior, for evaluation for substantial conformance to the approved plans. 9. Minor Modification to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification which exceeds ten percent (10%) of allowable measurable design/site considerations shall require the refilling of the original application. 10. The property owner(s), facility operator and property management will be responsible for regular maintenance of the site. The site shall be maintained in a clean condition and free of litter and any other undesirable material(s). Vandalism, graffiti, trash and other debris must be removed within 24 hours of being reported. 11. The applicant/owner shall maintain all existing landscaping in the parking lot and setbacks in a weed and disease-free condition at all times and any dead or missing vegetation must be promptly replaced. 12. Signs are not approved as part of this permit. Prior to establishing any new signs or replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Signs painted on the buildings are prohibited. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 13. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval printed on the plan sheets. 14. A concrete washout shall be provided for the proposed project. 15. All Conditions of Approval shall be completed prior to final inspection and sign-off. 16. All new construction shall require permits prior to commencement. 17. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7:00 am or leave the site after 8:00 pm. Construction activities may only occur Monday through Friday. Packet Page 1535 Resolution No. 2025-353 Resolution No. 2025-353 August 20, 2025 Page 6 of 14 18. All new construction shall be confirmed with the San Bernardino County Fire Department. Please contact San Bernardino County Fire Department Fire Prevention, located at 200 E. 3rd Street, San Bernardino, CA 92410 regarding all and/or any submittal requirements regarding new construction via phone at (909) 918-2200. The project shall comply with all applicable requirements of the Building and Safety Division, Fire Department, Police Department, Municipal Water Department, Public Services Department, and the City Clerk’s Office/Business Registration Division. 19. Applicant shall ensure that all its vehicles and those of its employees and visitors park only on the 379 E Industrial Road lot and do not park on any other owner’s property without a written agreement in place with that owner. 20. Bobtail and semi-trucks will park, load, and unload only in the areas designated on Exhibit A. Applicant will limit semi-trucks access/egress to and from the lot to between the hours of 9:00 pm and 6:00 am. No semi-trucks will park on site outside of these hours. 21. Applicant agrees to screen the Liquid Nitrogen Tank in accordance with the plans approved by WBCA and the metal screening material will be painted to match the main building field color of 379 E Industrial Building. 22. Applicant agrees to install and maintain landscaping (including proper irrigation) to screen views from adjacent property in accordance with the plans to be approved by WBCA. 23. Applicant agrees to properly and promptly dispose of all waste to minimize odors and pests 24. No utility lines will be mounted on the exterior of the building. 25. The storm drain trench (which is WBCA property) is to remain undisturbed before, during and after construction. The storm drain flow of the lot will be maintained and not altered. 26. In addition to these conditions, WBCA is requiring proper notice (minimum 3 business days) and insurance before starting construction over, near, under, around the fire water main that runs through the proposed construction area. Public Works Conditions a. For the streets listed below, dedication of adequate street right-of-way (R.W.) per the General Plan and Municipal Code shall provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Street Name Dedication of Right of Way (ft.) from centerline Curb Line(ft) Packet Page 1536 Resolution No. 2025-353 Resolution No. 2025-353 August 20, 2025 Page 7 of 14 Industrial Parkway (0141-581-03-0000) 30’ Existing No Dedication “Local Industrial” Per General Plan 19’+/- Existing None-Proposed b. Industrial Road-TI=5.5: i) Placement of the tank shall not be within the existing or any future rights- of-way. ii) The existing curb & gutter, sidewalk, and/or driveway fronting the site are in fair condition, if any curb & gutter panels, or sidewalk panels are lifted, cracked, or do not meet current ADA requirements, each of the panels shall be replaced per city standards. Install Sidewalk in missing areas of the frontage. iii) Construct Commercial Driveway Approach per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Minimum Width is 26’. No Driveways closer than 100’ from BCR/ECR as directed by the City Engineer. iv) When replacing/reconstructing curb and gutter panels, construct 8" Curb and Gutter per City Standard No. 200, type “B”. v) If Replacing or reconstructing Sidewalk panels construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb). vi) Survey Monuments and ties shall be placed, replaced, tied out and recorded at any corner or alignment changes that are adjacent to the project area in accordance with California Land Surveyors Association – Monument Preservation Guidelines, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering. * A Scoping Form is required, this form shall indicate the need of a Traffic Report, the results of the traffic report shall become conditions of this project which may increase or extend the above requirements in section 1(b) and 5(a). * These Conditions are set for an estimated construction with-in two years. If construction exceeds two years from DERC Approval these conditions shall be reviewed and updated as needed. A second copy of the drainage report will be delivered to public works, if offsite or overflow storm drain systems are identified, all systems shall be identified on the street improvement plans, and public storm drain shall be on a separate set of plans. c. City approved trash screens and filtration devices shall be installed in all catch basins or manhole connections. d. A temporary construction encroachment permit from Public Works Department shall be required for utility cuts into existing streets or any work within City’s right-of-way. Pavement restoration or trench repair shall be in conformance with Packet Page 1537 Resolution No. 2025-353 Resolution No. 2025-353 August 20, 2025 Page 8 of 14 City Standard No. 310. Public facilities shall be restored or constructed back to Public Works Department satisfaction. e. Any pavement work affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. f. The applicant must post a performance bond prior to issuance of the off-site permit. The amount of the bond is to be determined by Public Works Department. g. The above conditions shall comply with current codes and policies at time of construction. h. The above conditions shall comply with current codes, policies, and standards at time of construction. i. Prior to a Certificate of Occupancy or Completion of Project all As-builts shall be submitted to Public Works. 27. Required Engineering Plans a. A complete submittal for plan checking shall consist of: Street improvement plans (may include streetlight or street lighting may be separate plans). Signing and striping plan (may be on sheets included in street improvement plan On-site improvement plans and landscaping and irrigation, Lighting (on-site lighting may be included in on-site improvement plan or maybe on a separate stand-alone plan). CFD’s are required, the CFD Plans shall include Landscaping, Irrigation, Basins, etc. items that are included in the CFD that are not listed in the plans above, shall be on separate sheets included in the street improvement plans. Other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations). b. Copies of the City’s design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at http://www.sbcity.org. c. All off-site improvement plans submitted for plan check shall be prepared on the City’s standard 24” x 36” sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. Packet Page 1538 Resolution No. 2025-353 Resolution No. 2025-353 August 20, 2025 Page 9 of 14 d. After completion of plan checking, final Mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer and/or Building Official for approval. e. Electronic files of all improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2021 and include a .dxf file of the project. Files shall be on CD and shall be submitted at the same time the final mylar drawings are submitted for approval. 28. Required Engineering Permits a. On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. b. Off-site improvement construction permits. c. WQMP/Hydrology (THR) (if applicable) d. CFD/Street Dedication Permit (if applicable) e. Traffic Control and ROW Permits (if applicable) 29. Applicable Engineering Fees a. The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org b. All plan check: permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. c. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. 30. Traffic Requirements a. All Traffic mitigation measures shall be implemented according to the recommendations of the City Traffic Engineer prior to Street Improvement plan. 31. Integrated Waste Management a. During demolition and/or construction, services are to be provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. b. The site plan dated November 22, 2021, identifies the installation of a 9,000- gallon liquid nitrogen tank and equipment enclosure at an existing building located at 379. E. Industrial Road. c. Burrtec Waste’s review of the site plan identifies a proposed nitrogen storage tank located east of the existing refuse enclosure serving the property. The enclosure is currently accessed by a looped driveway. Based on the information provided, the project tank and enclosure will not impact Burrtec’ s ability to service the existing Packet Page 1539 Resolution No. 2025-353 Resolution No. 2025-353 August 20, 2025 Page 10 of 14 refuse enclosure. Any changes to the overall design, enclosure specifications or location, or access may adversely impact Burrtec’ s ability to service the project. Any design modification that could impact Burrtec’ s service will be subject to review by Burrtec. Burrtec’ s review of this project is limited to determining whether it meets Burrtec’ s minimum standards for waste and recycling collection services. Any comments or approvals by Burrtec are limited to these minimum standards as they relate to equipment and personnel and do not pertain to the project’s compliance with applicable federal, state and local land use and environmental laws, building codes or other applicable government regulations. Any approvals by Burrtec do not warrant or represent that Burrtec accepts any liability relative to the performance of waste and recycling collection services within this project. d. Contact the Building & Safety Division to determine ADA accessibility requirements. Modifications made to refuse enclosures to meet ADA accessibility requirements shall not decrease the minimum clear interior dimensions needed for the container storage area. e. Refuse enclosures within five (5) feet of combustible construction shall install an automatic fire sprinkler as approved by the Building & Safety Division and the San Bernardino County Fire Department. (See City Standard Plan 508). f. Refuse enclosure roofs shall be a minimum of eight (8) feet high interior at its lowest point, with minimal front protrusions that can be damaged during container servicing and must extend over any open side or the rear of the refuse enclosure by at least six (6) inches or as approved by the City. g. Burrtec Waste Truck Turning Radius – All corners and intersections on streets and driveways leading to refuse enclosures shall have a turning radius adequate for a 35-foot long, three-axle collection truck. The minimum inside curb radius shall be at least 28 feet. The minimum outside curb radius shall be at least 42 feet. All streets and driveways shall comply with applicable City standards. Burrtec Waste’s truck turning template may be obtained from the Public Works Department in PDF and CAD. h. Vertical and Horizontal Clearances – The minimum vertical clearance for collection trucks along the entire route to the refuse enclosure is fifteen (15) feet. The minimum vertical clearance in front of the refuse enclosure where the truck will empty the container shall be twenty-six (26) feet. The clear height shall be free of building overhangs, trees, and utility lines. The minimum horizontal clearance along the entire route to an enclosure is 12 feet. i. Hammerhead Turnarounds – Shall meet or exceed San Bernardino County Fire Protection District Diagram A-1.12: Hammerhead Turnaround Detail dated July 1, 2021. San Bernardino County Hammerhead detail may be obtained from the Public Works Department. Packet Page 1540 Resolution No. 2025-353 Resolution No. 2025-353 August 20, 2025 Page 11 of 14 j. If gated, access shall be provided by means of a key, code, or remote. k. Assembly Bill 341 Mandatory Commercial Recycling may apply. l. Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply. m. Senate Bill 1383 Short-Lived Climate Pollutants Reduction Act may apply. n. Upon completion, service is provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. 111 E. Mill Street, San Bernardino, CA 92408 (909) 804-4222. San Bernardino Consolidated Fire District 31. All conditions set forth by the County of San Bernardino Fire Department shall be followed. CONDITIONS OF APPROVAL FOR ORIGINAL SUPPORT OF AMENDMENT TO CONDITIONS OF APPROVAL 23-01 FOR ADMINISTRATIVE DEVELOPMENT PERMIT 22-020: The approval of Amendment to Conditions of Approval 23-01 for Administrative Development Perit 22-020 was subject to the following Conditions of Approval: 1. This approval authorizes the applicant an allowance for the installation of a nine thousand (9,000) gallon liquid nitrogen tank and equipment enclosure ancillary to the existing industrial building located on a parcel containing approximately 0.83 acres located at 379 E. Industrial Road (APN:0141-581-03) within the Industrial Light (IL) zone. 2. This approval shall comply with Administrative Development Permit 22-20, dated June 22, 2022. The following Conditions of Approval for previously approved Administrative Development Permit 22-20 are deleted from the original approval of Administrative Development Permit 22- 020 as follows: 20. Bobtail and semi-trucks will park, load, and unload only in the areas designated. The Applicant will limit semi-trucks access/egress to and from the lot to between the hours of 9:00 pm and 6:00 am. No semi-trucks will park on site outside of these hours. 21. Applicant agrees to screen the Liquid Nitrogen Tank in accordance with the plans approved by WBCA and the metal screening material will be painted to match the main building field color of 379 E Industrial Building. 22. Applicant agrees to install and maintain landscaping (including proper irrigation) to screen views from adjacent property in accordance with the plans to be approved by WBCA. Packet Page 1541 Resolution No. 2025-353 Resolution No. 2025-353 August 20, 2025 Page 12 of 14 23. Applicant agrees to properly and promptly dispose of all waste to minimize odors and pests 24. No utility lines will be mounted on the exterior of the building. 25. The storm drain trench (which is WBCA property) is to remain undisturbed before, during and after construction. The storm drain flow of the lot will be maintained and not altered. 26. In addition to these conditions, WBCA is requiring proper notice (minimum 3 business days) and insurance before starting construction over, near, under, around the fire water main that runs through the proposed construction area. End of Conditions of Approval SECTION 4.The documents and materials associated with this Resolution and that constitute the record of proceedings on which these findings are based are located at 290 North D Street, San Bernardino, CA 92401. The City Clerk is the custodian of the record of proceedings. SECTION 5.Severability: If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of August, 2025. Helen Tran, Mayor City of San Bernardino Attest: Telecia Lopez, CMC, Interim City Clerk Packet Page 1542 Resolution No. 2025-353 Resolution No. 2025-353 August 20, 2025 Page 13 of 14 Approved as to form: Sonia Carvalho, City Attorney Packet Page 1543 Resolution No. 2025-353 Resolution No. 2025-353 August 20, 2025 Page 14 of 14 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Telecia Lopez, CMC, Interim City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-353, adopted at a regular meeting held on the 20th day of August, 2025 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ ______ ______ _______ _______ IBARRA ______ ______ _______ _______ FIGUEROA ______ ______ _______ _______ SHORETT ______ ______ _______ _______ KNAUS ______ ______ _______ _______ FLORES ______ ______ _______ _______ ORTIZ ______ ______ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 20th day of August, 2025. ________________________________ Telecia Lopez, CMC, Interim City Clerk Packet Page 1544 96.49' 23 1 . 4 4 ' 184.30' E INDUSTRIAL RD 30 ' ± 24'-1"± 21 ' ± 63'± 8. 5 ' TY P 23 ' - 3 " ± ℄ 49.46'± 21 1 . 7 2 ' ± IN S T A L L A T I O N O F 9 , 0 0 0 - G A L L I N T A N K AN D E N C L O S U R E Ad e s a I n t e r n a t i o n a l LO C A T I O N SGE JOB No. 521.073.422 May 20, 2022 TEL. (949) 552-5244 FAX (949) 552-5243 S. GORDIN STRUCTURAL DESIGN 2081 Business Ctr Dr., Ste. 105, Irvine, CA 92612 & ENGINEERING SERVICES (SGE), INC. 37 9 E I n d u s t r i a l R d , S a n B e r n a r d i n o , C A 9 2 4 0 8 ADESA INTERNATIONAL November 22, 2021DATE: REVISIONS TOTAL SITE PLAN SHEETS - 2 DESIGNED BY APPROVED BY JT VSG THESE PLANS WERE DEVELOPED RESTRICTIVELY FOR USE ON THE STRUCTURES AND BY PERSONS/COMPANY AS SPECIFIED IN THE TITLE BLOCK. ANY OTHER USE (INCLUDING, BUT NOT LIMITED TO, DISSEMINATION AND COPYING) OF THESE PLANS OR ANY USE OF THE PLANS BY ANY PARTY OR PARTIES OTHER THAN THE ONES SPECIFIED IN THE TITLE BLOCK, ARE STRICTLY PROHIBITED UNLESS UNDER A WRITTEN PERMISSION BY SGE. CLIENT PRACTICAL SOLUTIONS 15233 VANADA RD, LA MIRADA, CA 90638 ATTENTION: REFER TO LIST OF REVISIONS ON THIS SHEET: THE RELEASE OF THIS DRAWING WITH THE LATEST REVISION NUMBER AND DATE SUPERSEDES AND VOIDS ALL DOCUMENTS PREVIOUSLY ISSUED BY SGE FOR THE SUBJECT SITE. NVICINITY MAP DRAWING INDEX SP1 SITE PLAN, NOTES & PROJECT INFORMATION SP2 ENLARGED AREA OF WORK, ELEVATIONS & DETAILS S1 STRUCTURAL LAYOUT, NOTES & DETAILS S2 STRUCTURAL DETAILS S3 ENCLOSURE DETAILS KEYNOTES EXISTING (E), NO CHANGE BY OTHERS, NIC NEW (N) REFER TO STRUCTURAL DRAWINGS 1E PROPERTY LINE 1N TANK: 9,000-GALLON LIN 2E PARKING 2N CONCRETE PAD 3E ACCESSIBLE PARKING SPACE 3N BOLLARD 4E PATH OF TRAVEL 4N CORRUGATED STEEL FENCE 5E DRIVEWAY 5N DOOR, BY OTHERS, NIC 6E BUILDING 6N SLIDING GATE, BY OTHERS, NIC 7E TRANSFORMER 8E REFUSE ENCLOSURE 9E 6' FENCE & GATE 10E CURB 1 - SP1 SITE PLAN, NOTES & PROJECT INFORMATION PROJECT SITE 20 0 20 401SITE PLAN FOR REFERENCE ONLY 5E 1E FTFTFT CONSTRUCTION NOTES 1.GENERAL CONSIDERATIONS A.ALL WORK SHALL BE PERFORMED IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF THE LOCAL, STATE, AND NATIONAL CODES, AS WELL AS WITH THE PRINCIPLES OF GOOD CONSTRUCTION PRACTICE. B.DURING THE CONSTRUCTION PERIOD THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE SAFETY (INCLUDING FIRE SAFETY) OF THE NEW, AS WELL AS EXISTING, STRUCTURES. THE CONTRACTOR SHALL PROVIDE ADEQUATE SHORING, BRACING, AND GUYS IN ACCORDANCE WITH ALL NATIONAL, STATE, AND LOCAL SAFETY ORDINANCES. THAT RESPONSIBILITY SHALL APPLY CONTINUOUSLY AND SHALL NOT BE LIMITED TO NORMAL WORKING HOURS. ANY DEVIATION FROM SUCH ORDINANCES MUST BE REVIEWED AND APPROVED BY SGE PRIOR TO CONSTRUCTION. C.THE CONTRACTOR SHALL THOROUGHLY REVIEW THE PLANS AND CHECK ALL DIMENSIONS PRIOR TO COMMENCING THE WORK. ALL DISCREPANCIES SHALL BE CALLED TO THE ATTENTION OF SGE AND RESOLVED BEFORE PROCEEDING WITH THE WORK. D.THE CONTRACTOR SHOULD NOT PROCEED WITH CONSTRUCTION IN CASE OF CONFLICT(S) BETWEEN THE DETAILS, AND/OR BETWEEN THE DETAILS AND PLANS, AND/OR BETWEEN THE PLANS AND SCHEDULES. THE CONSTRUCTION SHALL RESUME ONLY UPON THE FULL RESOLUTION OF SUCH CONFLICT BY SGE. E.THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE RESTORATION OF WORKING CONDITION OF ALL EXISTING COMPONENTS AND STRUCTURES AFFECTED BY THIS CONSTRUCTION. THE CONTRACTOR SHALL CONSTANTLY KEEP THE AREA OF CONSTRUCTION FROM ACCUMULATION OF WASTE MATERIALS AND DEBRIS. F.AT THE END OF EACH DAY OF CONSTRUCTION ACTIVITY, ALL CONSTRUCTION DEBRIS AND WASTE MATERIALS SHALL BE COLLECTED AND PROPERLY DISPOSED IN TRASH OR RECYCLE BINS. AT THE END OF WORK, THE CONTRACTOR SHALL REMOVE ALL WASTE, SURPLUS MATERIAL, TOOLS, AND EQUIPMENT. G.THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONJUNCTION WITH THIS PROJECT EXCEPT FOR LIABILITY RISING FROM THE SOLE NEGLIGENCE OF THE ENGINEER. H.DO NOT SCALE THESE DRAWINGS. WRITTEN DIMENSIONS TAKE PRECEDENCE OVER ASSUMED OR SCALED DIMENSIONS. I.ALL DIMENSIONS ARE TO FACE OF FINISHED SURFACES. LAYOUT OF STRUCTURES AND FOUNDATIONS MUST BE DETERMINED BY EXAMINATION OF PLANS AND FINISH MATERIALS SELECTED AND SHALL NOT BE ASSUMED AS BEING EXPRESSED BY THE WRITTEN FINISHED SURFACE DIMENSIONS. J.SITE DRAWINGS ARE BASED UPON THE PLANS OBTAINED FROM THE AUTHORITY HOLDING JURISDICTION (AHJ), AND/OR PROVIDED BY THE PROPERTY OWNER, AND/OR AVAILABLE AERIAL IMAGES. UNLESS NOTED OTHERWISE, NO TOPOGRAPHIC, BOUNDARY, OR LAND TITLE SURVEY WAS PERFORMED FOR THE PROJECT. 2.STORMWATER, EROSION, AND ENVIRONMENTAL CONSIDERATIONS ALL CONSTRUCTION WORK SHALL FULLY COMPLY WITH ALL STORMWATER, EROSION, GRADING, AND ENVIRONMENTAL REQUIREMENTS OF THE LOCAL, STATE AND FEDERAL CODES - INCLUDING (BUT NOT LIMITED TO) THE FOLLOWING: A.ALL CONSTRUCTION CONTRACTOR AND SUBCONTRACTOR PERSONNEL ARE TO BE MADE AWARE OF, AND COMPLY WITH, THE AUTHORITY HOLDING JURISDICTION (AHJ) BEST MANAGEMENT PRACTICES (BMP) AND GOOD HOUSEKEEPING MEASURES FOR THE PROJECT SITE AND ANY ASSOCIATED CONSTRUCTION STAGING AREAS. B.APPROPRIATE BMP FOR CONSTRUCTION-RELATED MATERIALS, WASTES, AND SPILLS SHALL BE IMPLEMENTED TO MINIMIZE TRANSPORT FROM THE SITE TO STREETS, DRAINAGE FACILITIES, OR ADJOINING PROPERTY BY WIND OR RUNOFF. C.CONSTRUCTION SITES SHALL BE MAINTAINED IN SUCH A CONDITION THAT AN ANTICIPATED STORM DOES NOT CARRY WASTES OR POLLUTANTS OFF THE SITE. DISCHARGES OF MATERIAL OTHER THAN STORMWATER ARE ALLOWED ONLY WHEN NECESSARY FOR PERFORMANCE AND COMPLETION OF CONSTRUCTION PRACTICES AND WHERE THEY DO NOT: (A) CAUSE OR CONTRIBUTE TO A VIOLATION OF ANY WATER QUALITY STANDARD; (B) CAUSE OR THREATEN TO CAUSE POLLUTION, CONTAMINATION, OR NUISANCE; AND/OR (C) CONTAIN A HAZARDOUS SUBSTANCE IN A QUANTITY REPORTABLE UNDER FEDERAL REGULATIONS CFR PARTS 117 AND 302. D.RUNOFF FROM EQUIPMENT AND VEHICLE WASHING SHALL BE CONTAINED AT CONSTRUCTION SITES UNLESS TREATED TO REDUCE OR REMOVE SEDIMENT OR OTHER POLLUTANTS. E.POTENTIAL POLLUTANTS INCLUDE, BUT ARE NOT LIMITED TO: SOLID OR LIQUID CHEMICAL SPILLS; WASTES FROM PAINTS, STAINS, SEALANTS, GLUES, LIMES, PESTICIDES, HERBICIDES, WOOD PRESERVATIVES AND SOLVENTS; ASBESTOS FIBERS, PAINT FLAKES OR STUCCO FRAGMENTS; FUELS, OILS, LUBRICANTS, AND HYDRAULIC, RADIATOR OR BATTERY FLUIDS; FERTILIZERS, VEHICLE/EQUIPMENT WASH WATER AND CONCRETE WASH WATER; CONCRETE; DETERGENT OR FLOATABLE WASTES; WASTES FROM ANY ENGINE/ EQUIPMENT STEAM CLEANING OR CHEMICAL DEGREASING AND SUPERCHLORINATED POTABLE WATER LINE FLUSHING. F.DURING CONSTRUCTION, THE DISPOSAL OF SUCH MATERIALS SHALL OCCUR IN A SPECIFIED AND CONTROLLED TEMPORARY AREA ON-SITE PHYSICALLY SEPARATED FROM STORMWATER RUNOFF, WITH ULTIMATE DISPOSAL IN ACCORDANCE WITH LOCAL, STATE AND FEDERAL REQUIREMENTS. G.DEWATERING OF CONTAMINATED GROUND WATER OR DISCHARGING OF CONTAMINATED SOILS VIA SURFACE EROSION IS PROHIBITED. DEWATERING OF NON-CONTAMINATED GROUND WATER REQUIRES A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT FROM THE RESPECTIVE STATE REGIONAL WATER QUALITY BOARD. H.SEDIMENT FROM AREAS DISTURBED BY CONSTRUCTION SHALL BE RETAINED ON SITE USING STRUCTURAL CONTROLS TO THE MAXIMUM PRACTICAL EXTENT. I.STOCKPILES OF SOIL SHALL BE PROPERLY CONTAINED TO MINIMIZE SEDIMENT TRANSPORT FROM THE SITE TO STREETS, DRAINAGE FACILITIES OR ADJACENT PROPERTIES VIA RUNOFF, VEHICLE TRACKING, OR WIND. J.GRADED AREAS ON THE PERMITTED AREA PERIMETER MUST DRAIN AWAY FROM THE FACE OF THE SLOPES AND TOWARD DESILTING FACILITIES AT THE CONCLUSION OF EACH WORKING DAY. K.THE PERMITTEE AND THE CONTRACTOR SHALL BE RESPONSIBLE AND SHALL TAKE THE NECESSARY PRECAUTIONS TO PREVENT PUBLIC TRESPASS ONTO AREAS WHERE IMPOUNDED WATER CREATES A HAZARDOUS CONDITION. L.THE PERMITTEE AND THE CONTRACTOR SHALL ENSURE THAT THE EROSION CONTROL WORK IS IN ACCORDANCE WITH THE APPROVED PLANS. 3.ACCESSIBILITY CONSIDERATIONS AN ACCESSIBLE ROUTE (PATH OF TRAVEL) FROM THE AREA OF WORK TO THE BUILDING ENTRY, TOILET ROOMS, AND ACCESSIBLE PARKING SHALL FULLY COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE BUILDING CODE AND AJH. THESE REQUIREMENTS INCLUDE (BUT ARE NOT LIMITED TO) THE FOLLOWING: A.PATH OF TRAVEL SHALL BE ESTABLISHED ALONG THE SHORTEST POSSIBLE ACCESSIBLE ROUTE FROM THE ACCESSIBLE PARKING TO THE BUILDING ENTRANCE AND DESIGNATED WITH CODE-COMPLIANT SIGNAGE. B.ANY OBSTRUCTION THAT OVERHANGS THE PATH OF TRAVEL SHALL BE A MINIMUM OF 80” ABOVE THE WALKING SURFACE AS MEASURED FROM THE BOTTOM OF THE OBSTRUCTION. C.WALKS AND SIDEWALKS SHALL BE A MINIMUM OF 48” WIDE EXCEPT AT DOORS WHERE WIDENED LEVEL AREAS SHALL BE PROVIDED. THE WIDENED LEVEL AREAS SHALL NOT BE LESS THAN 60” SQUARE AT A DOOR OR GATE THAT SWINGS TOWARD THE WALK, AND NOT LESS THAN 48” WIDE BY 44” DEEP AT A DOOR OR GATE THAT SWINGS AWAY FROM THE WALK. D.THE SLOPE OR WALKING SURFACES OF ACCESSIBLE ROUTES SHALL NOT EXCEED 5% ALONG THE DIRECTION OF TRAVEL AND 2% ACROSS THAT DIRECTION. E.ABRUPT CHANGES IN LEVEL ALONG ANY ACCESSIBLE ROUTE SHALL NOT EXCEED ½” UNLESS BEVELED WITH A SLOPE OF 50% MAXIMUM. CHANGES IN LEVEL NOT EXCEEDING ¼” MAY BE VERTICAL. F.WALKING SURFACES ON AN ACCESSIBLE ROUTE SHALL BE FREE OF GRATINGS WHENEVER POSSIBLE. GRATINGS LOCATED IN THE SURFACE OF ANY OF THESE AREAS SHALL HAVE GRID OPENINGS MEASURING MAXIMUM ½” IN THE DIRECTION OF TRAFFIC FLOW. G.FLOOR AND GROUND SURFACES SHALL BE STABLE, FIRM, AND SLIP RESISTANT. IF CARPET OR CARPET TILE IS USED IN A COMMON-USE AREA OR PUBLIC-USE AREA ON A GROUND OR FLOOR SURFACE, IT SHALL HAVE FIRM BACKING OR NO BACKING. CARPET OR CARPET TILE SHALL HAVE A LEVEL LOOP, TEXTURED LOOP, LEVEL CUT PILE, OR LEVEL CUT/UNCUT PILE TEXTURE WITH MAXIMUM PILE HEIGHT OF ½”. EXPOSED EDGES OF CARPET SHALL BE FASTENED TO FLOOR SURFACES AND HAVE TRIM ALONG THE ENTIRE LENGTH OF THE EXPOSED EDGE. H.ALL DOOR MATS SHALL BE RECESSED AND ADEQUATELY ANCHORED TO PREVENT INTERFERENCE WITH WHEELCHAIR TRAFFIC. I.ALL LEVEL AREAS AT EXIST DOORS SHALL HAVE MINIMUM LENGTHS OF 60” IN THE DIRECTION OF THE DOOR SWING AND 44” IN THE OPPOSITE DIRECTION - AS MEASURED AT RIGHT ANGLES TO THE PLANE OF THE DOOR IN ITS CLOSED POSITION. J.ALL DOORS SHALL PROVIDE A MINIMUM CLEAR WIDTH OF 32” AND HEIGHT OF 80”. CLEAR OPENINGS OF DOORWAYS WITH SWINGING DOORS SHALL BE MEASURED BETWEEN THE FACE OF THE DOOR AND THE STOP, WITH THE DOOR OPEN 90 DEGREES. K.OPENINGS MORE THAN 24” DEEP SHALL BE MINIMUM 36” WIDE CLEAR. L.THERE SHALL BE NO PROJECTIONS INTO THE REQUIRED CLEAR OPENING WIDTH LOWER THAN 34” ABOVE THE FINISH FLOOR OR GROUND. PROJECTIONS INTO THE CLEAR OPENING WIDTH BETWEEN 34” AND 80” ABOVE THE FINISH FLOOR OR GROUND SHALL NOT EXCEED 4 INCHES. M.HAND-ACTIVATED DOOR OPENING HARDWARE (LEVER-TYPE HARDWARE, PANIC BARS, PUSH-PULL ACTIVATING BARS OR OTHER HARDWARE DESIGNED TO PROVIDE PASSAGE) SHALL HAVE A SHAPE THAT IS EASY TO GRASP WITH ONE HAND AND DOES NOT REQUIRE TIGHT GRASPING, TIGHT PINCHING OR TWISTING OF THE WRIST TO OPERATE. N.HAND-ACTIVATED DOOR OPENING HARDWARE SHALL BE OPERABLE WITH A SINGLE EFFORT NOT EXCEEDING 8.5 LBS FOR EXTERIOR DOORS, 5 LBS FOR INTERIOR DOORS, AND 15 LBS FOR FIRE DOORS. O.ALL OPERABLE DOOR HARDWARE SHALL BE MOUNTED AT 30” MINIMUM AND 44” MAXIMUM ABOVE THE FINISHED FLOOR. P.SURFACES OF SWINGING DOORS WITHIN THE VERTICAL DISTANCE OF 10” FROM THE FINISH FLOOR SHALL HAVE A SMOOTH SURFACE ON THE PUSH SIDE EXTENDING THE FULL WIDTH OF THE DOOR OR GATE. NOTE: SITE PLAN IS FOR REFERENCE ONLY SGE STAMP ONLY PERTAINS TO THE AREA OF WORK. PROJECT INFORMATION NO CHANGE PROJECT DESCRIPTION INSTALLATION OF A 9,000-GALLON HORIZONTAL LIN TANK CHANGE IN PARKING NO CHANGE IN FLOOR AREA PROJECT VALUATION TBD PROJECT ADDRESS 379 E INDUSTRIAL RD, SAN BERNARDINO, CA 92408 PROJECT COORDINATES 34.0567841 °N, 117.2767049 °W ASSESSOR PARCEL NUMBER 0141-581-03 ZONING INDUSTRIAL LIGHT - IL OCCUPANCY F-2, S-2 CODES 2019 CALIFORNIA BUILDING CODE 2019 CALIFORNIA MECHANICAL CODE 2019 CALIFORNIA PLUMBING CODE 2019 CALIFORNIA ELECTRICAL CODE 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE 2019 CALIFORNIA ENERGY EFFICIENCY STANDARDS 2019 CALIFORNIA FIRE CODE LOT SIZE 0.83 ACRES BUILDING AREA 16,237 S.F. BUILDING CONSTRUCTION TYPE V-B AUTOMATED SPRINKLERS?YES EXISTING USES WITHIN 100' OF PROPERTY INDUSTRIAL LIGHT - IL PAVEMENT TYPE ASPHALT PROJECT TEAM OWNER ALBERTO DE SANTIAGO 1440 VINEYARD AVE, ONTARIO, CA 91761 (949) 975-9412 TENANT ADESA INTERNATIONAL 379 E INDUSTRIAL RD, SAN BERNARDINO, CA 92408 (562) 234-1322 STRUCTURAL ENGINEER SGE CONSULTING STRUCTURAL ENGINEERS 2081 BUSINESS CENTER DR. #105 IRVINE, CA 92612 (949) 552-5244 CONTRACTOR TBD E REDLANDS BLVD S W A T E R M A N A V E E INDUSTR I A L R D E COMMERCIAL RD 10 N 2E 2E 2E 3E 6E 10E 8E AREA OF WORK 1 SP2 ENLARGED 7E 3E 5E 9E 10E 10E 10E 10E 4E 1N 2N 3N 4N 4 PARKING SPACES TO BE REMOVED PARKING ANALYSIS BUILDING 379 USE OF AREA OFFICE INDUSTRIAL - WAREHOUSE/STORAGE FLOOR AREA 2,123 SF OFFICE + 14,114 SF INDUSTRIAL 16,237 SF TOTAL REQUIRED PARKING PER CODE, OFFICE 1 SPACE PER 250 SF REQUIRED PARKING PER CODE, INDUSTRIAL 1 SPACE PER 1,000 SF CALCULATED REQUIRED PARKING, OFFICE 2,123 SF x 1 SPACE = 8.5 SPACES 250 SF 9 PARKING SPACES REQUIRED BASED ON OFFICE AREA PER CODE CALCULATED REQUIRED PARKING, INDUSTRIAL 14,114 SF x 1 SPACE = 14.1 SPACES 1,000 SF 15 PARKING SPACES REQUIRED BASED ON INDUSTRIAL AREA PER CODE CALCULATED REQUIRED PARKING, TOTAL 9 SPACES OFFICE + 15 SPACES INDUSTRIAL 24 SPACES TOTAL REQUIRED PROPOSED CHANGES 4 PARKING SPACES TO BE REMOVED NO CHANGES TO ADA PARKING SPACES PARKING SUMMARY CURRENT PROPOSED 31 SPACES AVAILABLE 7 SPACES IN EXCESS CURRENT PARKING IN COMPLIANCE WITH PARKING STANDARDS 27 SPACES AVAILABLE 3 SPACES IN EXCESS PROPOSED PARKING IN COMPLIANCE WITH PARKING STANDARDS ADDITIONAL PARKING NOTES ALL REMAINING PARKING SPACES ARE TO BE ACCESSIBLE AT ALL TIMES. ALL EMPLOYEE PARKING TO BE DONE WITHIN THE PROPERTY SITE ONLY. PARKING AT OTHER PROPERTIES AND ON-STREET PARKING IS NOT ALLOWED. 5N 6N OPERATIONAL CONSIDERATIONS SEMI-TRUCK DELIVERIES WILL BE BETWEEN THE HOURS OF 9PM AND 6AM. OPERATIONS TEAMS WILL DISPOSE OF ALL WASTE IN A TIMELY MANNER IN AN EFFORT TO MAINTAIN CLEAN VISUALS AND MINIMIZE ANY ODORS. TRAFFIC WILL BE PROPERLY MANAGED AND NO TRAFFIC WILL PARK ON ADJACENT PROPERTY. Packet Page 1545 36'-3" 16 ' - 9 " 6"± IN S T A L L A T I O N O F 9 , 0 0 0 - G A L L I N T A N K AN D E N C L O S U R E Ad e s a I n t e r n a t i o n a l LO C A T I O N SGE JOB No. 521.073.422 May 20, 2022 TEL. (949) 552-5244 FAX (949) 552-5243 S. GORDIN STRUCTURAL DESIGN 2081 Business Ctr Dr., Ste. 105, Irvine, CA 92612 & ENGINEERING SERVICES (SGE), INC. 37 9 E I n d u s t r i a l R d , S a n B e r n a r d i n o , C A 9 2 4 0 8 ADESA INTERNATIONAL November 22, 2021DATE: REVISIONS TOTAL SITE PLAN SHEETS - 2 DESIGNED BY APPROVED BY JT VSG THESE PLANS WERE DEVELOPED RESTRICTIVELY FOR USE ON THE STRUCTURES AND BY PERSONS/COMPANY AS SPECIFIED IN THE TITLE BLOCK. ANY OTHER USE (INCLUDING, BUT NOT LIMITED TO, DISSEMINATION AND COPYING) OF THESE PLANS OR ANY USE OF THE PLANS BY ANY PARTY OR PARTIES OTHER THAN THE ONES SPECIFIED IN THE TITLE BLOCK, ARE STRICTLY PROHIBITED UNLESS UNDER A WRITTEN PERMISSION BY SGE. CLIENT PRACTICAL SOLUTIONS 15233 VANADA RD, LA MIRADA, CA 90638 ATTENTION: REFER TO LIST OF REVISIONS ON THIS SHEET: THE RELEASE OF THIS DRAWING WITH THE LATEST REVISION NUMBER AND DATE SUPERSEDES AND VOIDS ALL DOCUMENTS PREVIOUSLY ISSUED BY SGE FOR THE SUBJECT SITE. PARKINGONLY VAN ACCESSIBLE MINIMUM FINE $250 80 " M I N T O F I N . G R A D E WA L L O R P O L E M O U N T E D PARKING IDENTIFICATION SIGNS SHALL BE REFLECTORIZED WITH A MINIMUM AREA OF 70 SQUARE INCHES PARKING SPACE IDENTIFICATION SIGNS SHALL INCLUDE THE INTERNATIONAL SYMBOL OF ACCESSIBILITY. SYMBOL OF ACCESSIBILITY AND THEIR BACKGROUND SHALL HAVE A NON-GLARE FINISH, THE SYMBOL SHALL CONSIST OF A WHITE FIGURE ON A BLUE BLACK GROUND. THE BLUE SHALL BE COLOR NO. 15090 IN FEDERAL STANDARD 595B. ADDITIONAL SIGN REQUIRED FOR VAN ACCESSIBLE PARKING ADDITIONAL SIGN BELOW THE INTERNATIONAL SYMBOL OF ACCESSIBILITY SHALL STATE "MINIMUM FINE $250". ℄ OF ACCESSIBLE PARKING SIGN NOTE: PARKING SPACE IDENTIFICATION SIGN SHALL BE VISIBLE FROM EACH PARKING SPACE. SIGNS SHALL BE PERMANENTLY POSTED EITHER IMMEDIATELY ADJACENT TO THE PARKING SPACE OR WITHIN THE PROJECTED PARKING SPACE WIDTH AT THE HEAD END OF THE PARKING SPACE. SIGNS MAY ALSO BE PERMANENTLY POSTED ON A WALL AT THE INTERIOR END OF THE PARKING SPACE. AN ADDITIONAL SIGN SHALL BE POSTED EITHER: 1. IN A CONSPICUOUS PLACE AT EACH ENTRANCE TO AN OFF-STREET PARKING FACILITY OR; 2. IMMEDIATELY ADJACENT TO ON-SITE ACCESSIBLE PARKING AND VISIBLE FROM EACH PARKING SPACE 17" MIN 22 " MI N THE ADDITIONAL SIGN SHALL CLEARLY STATE IN LETTERS WITH A MINIMUM HEIGHT OF 1 INCH THE FOLLOWING: "UNAUTHORIZED VEHICLES PARKED IN DESIGNATED ACCESSIBLE SPACES NOT DISPLAYING DISTINGUISHING PLACARDS OR SPECIAL LICENSE PLATES ISSUED FOR PERSONS WITH DISABILITIES WILL BE TOWED AWAY A THE OWNER'S EXPENSE. TOWED VEHICLES MAY BE RECLAIMED AT: ________________ OR BY TELEPHONING: ________________." ACCESSIBILITY DIRECTIONAL SYMBOL 9'-0" M I N 8' 17' NOPAR K I N G 18'-0 " @ 9 0 ° P A R K I N G 20'-0 " D I A G O N A L P A R K I N G 36" 36 " NOTE: EACH ACCESSIBLE CAR AND VAN SPACE SHALL HAVE SURFACE IDENTIFICATION INTERNATIONAL SYMBOL OF ACCESSIBILITY COLORED IN WHITE ON A BLUE BACKGROUND. THE BLUE SHALL BE COLORED NO. 15090 IN FEDERAL STANDARD 595B. THE CENTERLINE OF THE INTERNATIONAL SYMBOL OF ACCESSIBILITY SHALL BE A MAXIMUM OF 6 INCHES FROM THE CENTERLINE OF THE PARKING SPACE, IT'S SIDES PARALLEL TO THE LENGTH OF THE PARKING SPACE AND ITS LOWER CORNER, AT OR LOWER SIGN ALIGNED WITH, THE END OF THE PARKING SPACE. (N)TOC 10 ' - 6 " R E F 12" CLR FOR VENTILATION 11 ' 7' 6" 6" (E)TOG 1 ENLARGED AREA OF WORK PLAN, SCALE: 1" = 3-0" SP2 ENLARGED AREA OF WORK, ELEVATIONS & DETAILS N ACCESS AISLES SHALL BE MARKED WITH A BLUE PAINTED BORDERLINE AROUND THEIR PERIMETER. THE AREA WITHIN THE BLUE BORDERLINES SHALL BE MARKED WITH HATCHED LINES A MAXIMUM OF 36 INCHES ON CENTER IN COLOR CONTRASTING WITH THAT OF THE AISLE SURFACE, PREFERABLY BLUE OR WHITE. THE WORDS "NO PARKING" SHALL BE PAINTED ON THE SURFACE WITHIN EACH ACCESS AISLES IN WHITE LETTERS A MINIMUM OF 12 INCHES IN HEIGHT AND LOCATED TO BE VISIBLE FROM THE ADJACENT VEHICULAR WAY. ACCESS AISLES MARKING MARKINGS MAY EXTEND BEYOND THE MINIMUM REQUIRED LENGTH. ACCESS AISLES SHALL NOT OVERLAP THE VEHICULAR WAY AND SHALL BE PERMITTED TO BE PLACED ON EITHER SIDE OF THE PARKING SPACE EXCEPT FOR VAN PARKING SPACES WHICH SHALL HAVE ACCESS AISLES LOCATED ON THE PASSENGER SIDE OF THE PARKING SPACES. A CURB OR WHEEL STOP SHALL BE PROVIDED IF REQUIRED TO PREVENT ENCROACHMENT OF VEHICLES OVER THE REQUIRED CLEAR WIDTH OF ADJACENT ACCESSIBLE ROUTES. MAX SLOPE OF PARKING SURFACE SHALL NOT EXCEED 2% IN ANY DIRECTION. THE PARKING SPACE SHALL BE OUTLINED OR PAINTED BLUE ADA PARKING STANDARDS THE PARKING STANDARDS SHALL BE IN COMPLIANCE WITH 2010 ADA STANDARDS FOR ACCESSIBLE DESIGN AND 2019 CBC 11B DIVISION 5 2 (N) TANK ELEVATION, SCALE: 1" = 3'-0" 2 - KEYNOTES EXISTING (E), NO CHANGE BY OTHERS, NIC NEW (N) REFER TO STRUCTURAL DRAWINGS 1E PROPERTY LINE 1N TANK: 9,000-GALLON LIN 2E PARKING 2N CONCRETE PAD 3E ACCESSIBLE PARKING SPACE 3N BOLLARD 4E PATH OF TRAVEL 4N CORRUGATED STEEL FENCE 5E DRIVEWAY 5N DOOR, BY OTHERS, NIC 6E BUILDING 6N SLIDING GATE, BY OTHERS, NIC 7E TRANSFORMER 8E REFUSE ENCLOSURE 9E 6' FENCE & GATE 10E CURB 3N 2N 3N 1N 2N 4N (E) SUBBASE 9E 10E 10E 1N 4N COLUMN CL TYP 6N 5N 6N (N) SECURITY BARS Packet Page 1546 Public Hearing: Agenda Item No. 2 City of San Bernardino Request for Planning Commission Action Date: November 12, 2024 To: Honorable Chairperson and Planning Commissioners From: Gabriel Elliott, Director of Community Development and Housing By: Michael Rosales, Senior Planner Subject: Appeal 24-05 of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020 Owner: Respondent: Alberto D. Santiago Adesa International 9265 Burton Way 1440 S. Vinyard Avenue Beverly Hills, CA 92408 Ontario, CA 91761 Appellant: Waterman Business Center Association 328 E. Commercial Road #107 San Bernardino, CA 92408 Project Description: Pursuant to the requirements of Chapter 19.52 (Hearings and Appeals) of the City of San Bernardino Development Code, the appellant is requesting an appeal of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020, in which conditions of approval numbers 20 (twenty) through 26 (twenty-six) were redacted from the original Administrative Development Permit 22-020; for the property known as 379 E. Industrial Road located on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3. Recommendation: It is recommended that the Planning Commission of the City of San Bernardino take the following action: 1) Adopt Resolution No. 2024-033 of the Planning Commission of the City of San Bernardino, California, denying Appeal 24-05 thereby upholding the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 (Attachment F) for Administrative Development Permit 22-020, Packet Page 1547 in which conditions of approval numbers 20 (twenty) through 26 (twenty-six) were redacted from the original Administrative Development Permit 22-020 (Attachment E); for the property known as 379 E. Industrial Road located on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment A1). OR 2) Adopt Resolution No. 2024-034 of the Planning Commission of the City of San Bernardino, California, approving Appeal 24-05 thereby restoring the deleted conditions of approval 20 (twenty) through 26 (twenty-six), included with the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 (Attachment F) for Administrative Development Permit 22-020 (Attachment E), for the property known as 379 E. Industrial Road located on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment A2). Background July 22, 2022 Administrative Development Permit 22-020 was issued for the installation of an approximate 9,000-gallon liquid nitrogen tank, this approval included Conditions of Approval numbers 20-26. July 20, 2023 Following direction from former management staff, planning amended and redacted Conditions of Approval 20 through 26 from the original Administrative Development Permit with Amendment to Conditions 23-01. July 24, 2023 The WBCA emailed Staff a letter requesting an Appeal of Amendment to Conditions of Approval 23-01. September 4, 2024 The WBCA formally files Appeal 24-05 of Amendment to Conditions 23-01 for Administrative Development Permit 22-020. October 8, 2024 At the duly noticed public hearing of October 8, 2024, Appeal 24-05 was continued to the November 12, 2024 Planning Commission hearing for a final action. Public Hearing Noticing: Notification of the public hearings for the project was completed as follows, in accordance with Section 19.52.020 (Hearing and Appeals – Application Processing) of the City of San Bernardino Development Code: September 25, 2024: Notices were mailed to the property owners and tenants within 1,000 feet of the exterior boundaries of the subject property, providing the nature of the request, location of the property, the date, time, and place of the Planning Commission meeting of October 8, 2024 for Appeal 24-05. Packet Page 1548 September 28, 2024: Legal advertisement was published in the San Bernardino Sun Newspaper. Environmental Determination In accordance with Section 15060 (Preliminary Review) of the California Environmental Quality Act (CEQA), the Planning Division conducted an environmental evaluation in connection with the original proposal for Administrative Development Permit 22-020 and concluded that the proposed project is exempt under the CEQA Guidelines pursuant to Section 15301 (Existing Facilities). A Class 1 Categorical Exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of the existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Setting & Site Characteristics: The project site is located at APN: 0141-581-03 within the Industrial Light (IL) zone, Ward 3 (Attachments C and D). Table 1 below provides a summary of the surrounding land use characteristics of the subject site and surrounding properties. TABLE 1: SITE AND SURROUNDING LAND USES LOCATION LAND USE ZONE GENERAL PLAN DESIGNATION Site’s ADESA Industrial Light (IL) Commercial/ Tri-City Club North Office and Industrial use Industrial Light (IL) Commercial/ Tri-City Club South Office and Industrial use Industrial Light (IL) Commercial/ Tri-City Club East Office and Industrial use Industrial Light (IL) Commercial/ Tri-City Club West Office and Industrial use Industrial Light (IL) Commercial/ Tri-City Club Analysis: In February of 2021 an application for a Zoning Verification Review for ADESA International which is a frozen food distributor was received by the City of San Bernardino Planning Division. Being that the proposed land use was a permitted use per the City of San Bernardino Development Code Chapter 19.08 Section 19.08.080.01 (Industrial Zones list of Permitted, Development Permitted and Conditionally Permitted uses), the Planning Division issued the Zoning Verification Review determining that the Land Use operation of a frozen food distributor was permitted within the Industrial Light zone, and a business license could be obtained through the Business Registration Department with the processing of applicable applications and payment of applicable fees. Packet Page 1549 In May 2022, an application for Administrative Development Permit 22-020 was submitted by ADESA International for the installation of an approximately 9,000-gallon nitrogen tank which would be utilized in conjunction with the packaging of their frozen foods in which they then distribute to other applicable businesses. At the time of the submission of Administrative Development Permit 22-020, the Waterman Business Center Association, who is the business operating managers of the center (Exhibit “B”), reached out to City Staff and had some concerns with the operating characteristics of their tenant ADESA international. ADESA had done unpermitted construction and were parking in unauthorized parking locations throughout the Industrial Center, including red zones, which was impeding parking for other businesses and their employees. The WBCA also had concerns that installing the nitrogen tank would have impacts to parking and circulation, would cause modification to existing storm drains, remove landscaping, and there would be clear visibility of the nitrogen tank to offices situated within the industrial park itself. After the Planning Division’s analysis of the project in its entirety and through working with ADESA and in an effort to work with the Waterman Business Center Association (WBCA), Planning Division management at the time agreed to incorporate a set of conditions that were crafted by the WBCA and included them within our Administrative Development Permit 22-020. The understanding was that the addition of the Conditions of Approval within Administrative Development Permit 22-020 was agreed upon by all parties involved (Exhibit “C”). This agreement, confirmed by WBCA President Craig Furniss, ensured no objections from WBCA, ADESA, and all stakeholders. The WBCA also attested that without the addition of the Conditions of Approval the WBCA and stakeholders within the industrial center would have objected to the addition of the nitrogen tank. The Conditions that were agreed on and added to Administrative Development Permit 22-020 are as follows: • Bobtail and semi-trucks will park, load, and unload only in the areas designated. The Applicant will limit semi-trucks access/egress to and from the lot to between the hours of 9:00 pm and 6:00 am. No semi-trucks will park on site outside of these hours. • Applicant agrees to screen the Liquid Nitrogen Tank in accordance with the plans approved by WBCA and the metal screening material will be painted to match the main building field color of 379 E Industrial Building. • Applicant agrees to install and maintain landscaping (including proper irrigation) to screen views from adjacent property in accordance with the plans to be approved by WBCA. • Applicant agrees to properly and promptly dispose of all waste to minimize odors and pests • No utility lines will be mounted on the exterior of the building. Packet Page 1550 • The storm drain trench (which is WBCA property) is to remain undisturbed before, during and after construction. The storm drain flow of the lot will be maintained and not altered. • In addition to these conditions, WBCA is requiring proper notice (minimum 3 business days) and insurance before starting construction over, near, under, around the fire water main that runs through the proposed construction area. In March 2023, a representative from ADESA contacted the City Manager’s office and Planning Division Management about Administrative Development Permit 22-020 and Conditions of Approval 20 through 26 asking about the rationale behind these conditions. Management explained that the conditions were included to accommodate all parties, as it was believed everyone agreed to the Conditions. There were additional meetings and communications involving former City Management staff, ADESA representatives, and the WBCA. However, Planning staff was in constant communication with Craig Furniss and the WBCA, informing them that ADESA wanted to alter the permit while staff was also in communication with ADESA about WBCA’s issues with their operations. The then Director of Community Development and the City Planner directed the removal of Conditions 20 through 26, as they were operational concerns between WBCA and ADESA, and our permit already addressed other WBCA operational concerns. Before this action was taken, the Director of Community Development and the City Planner resigned. In May of 2023 ADESA’s legal team reached out to BB&K to see what position the City was taking on the removal of the said conditions. At that time there was no Planning Management nor Directors to make any calls decisions. In July 2023, following direction from the former City Management Staff, planning amended and redacted Conditions of Approval 20 through 26 from the original ADP with Amendment to Conditions 23-01. Staff created the report, signed it, and sent it to both ADESA International and the Waterman Business Center Association. On July 20, 2023 Craig Furniss and the WBCA reached out to Planning staff to protest the removal of the Conditions of Approval 20 through 26 via a letter requesting an appeal (Attachment G). It was around this time our interim Director of Community Development had started with the City of San Bernardino. After catching them up on the situation and after their own research they determined that if the WBCA wanted to Appeal the project the department would honor it. From July of 2023 till now, there continues to be issues between ADESA International and the Waterman Business Center Association. On September 4, 2024, the Planning Division officially accepted and processed the appeal. At the duly noticed public hearing of the Planning Commission on October 8, 2024, Appeal 24-05 was continued to the Planning Commission meeting of November 12, 2024 for final action. Packet Page 1551 Appeal Grounds: The appellant is requesting an appeal of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020, in which conditions of approval numbers 20 (twenty) through 26 (twenty-six) were redacted from the original Administrative Development Permit 22-020; for the property known as 379 E. Industrial Road located on 0.83 acres (APN: 0141-581-03) located within the Industrial Light (IL) zone, Ward 3. On September 4, 2024, an application for Appeal 24-05 was filed by “Waterman Business Center Owners Association” to appeal the Community Development and Housing Departments decision to redact Conditions of Approval 20-26 from the original Administrative Development Permit 22-020 (Attachment E) pursuant to Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code. 1. The specific grounds for the appeal were provided by the appellant as follows: The Finding in the Letter Amendment to Conditions of Approval 23- 01(Attachment F) states that the Conditions of Approval are “more restrictive than conditions put on other businesses within the business complex”. Response: The Conditions were created and mutually agreed upon by the building owner, the occupant/tenant (ADESA), and the Waterman Business Center Association (WBCA)(See EXHIBIT C). Secondly, the conditions were created when the specific owner installed a 9,000-gallon Nitrogen Tank on the property. No other business has installed an exterior improvement nor a liquid nitrogen tank in their yard. Should the Nitrogen Tank be removed then the conditions of approval would no longer apply. These conditions of approval are necessary for the improvements made by the occupant. One of the roles of the Association is to ensure its member comply with Local, State, and Federal Laws. The user loads during all hours of the day and block the fire lane to the building, block drivers on Industrial Road, and the occupants’ employees park in the neighboring building parking lots because their own parking lot is full and inaccessible due to Truck Loading. The Semi-Trucks are also parked within passenger vehicle parking spots. 2. Action Sought: The Conditions of Approval should be reinstated effective immediately and the business at the property address should comply with the conditions of approval they had already agreed too. 3. Additional Information: Please see the following exhibits (See Exhibit B for Management CC&Rs) and photos regarding violations at the property. The neighboring building contains businesses such as Social Vocational Services who offer program for adults with developmental disabilities. Staff for this business park on the street as their business is blocked by ADESA employees and trucks. The Conditions of Approval that were previously in place protected the neighboring business and their clients. The Planning Division did not have the right to make an executive decision to amend these restrictions. End of Appellant Statement. Packet Page 1552 Respondent: As discussed in greater detail in Attachment H (Attached), Respondents oppose the appeal for the following reasons: 1. The appeal is untimely. 2. There is no nexus between the permit and the conditions the WBCA seeks to impose. 3. The conditions the WBCA seeks to impose are outside the scope of the relative CC&Rs and would cause the Respondents to be treated differently from all other owners/operators within the business center. 4. The grounds and evidence submitted by the WBCA are misleading. 5. The allegations made by the WBCA are best addressed between the WBCA and Respondents without burdening the City. Additional Information: Appeal was untimely (See Attachment H):The WBCA received notice of the Amendment on July 20, 2023, and sent a letter to the City on July 24, 2023. However, WBCA’s appeal application was submitted on September 4, 2024, 412 days later. The City’s appeal form requires appeals to be filed within 15 days of the final action date, as per Section 19.52.100 of the San Bernardino Development Code. Section 19.52.140 allows reconsideration if new information is presented within 15 days of the final action date. The permit became final on August 4, 2023, giving the Respondents a vested interest. The 412-day delay makes the appeal untimely, and it should be denied by the Planning Commission. No Nexus Between the Conditions and the Permit (See Attachment H): The Property has a separate, private driveway and dedicated parking lot for its deliveries and employee parking. Additionally, Industrial Road allows public parking without restriction. Despite this, the Association seeks to impose conditions upon S&E indefinitely and Adesa for the duration of its lease, that uniquely burdens this particular Property, and only this Property. Conditions 20 Through 26 Are Outside the Authority of the WBCA and Cause Respondents to be Treated Differently from All Other Owners and Users in the Center (See Attachment H): WBCA lacks authority to impose Condition 20 for the improvement. The condition limiting delivery hours is not applied to any other property within the Association. The Waterman Business Center Rules and Regulations, adopted on January 18, 2022, allow unrestricted truck loading and unloading. The only relevant rule states that loading and unloading must occur on an owner’s lot without blocking common driveways, which Adesa complies with. The CC&Rs address common driveways but loading and unloading at this property do not require their use. WBCA’s Allegations Are Misleading (See Attachment H): To justify its appeal, the WBCA makes the following three allegations: 1. Adesa employees park on adjacent owners’ lots due to lack of parking. Packet Page 1553 2. Semi-trucks block and que on Industrial Road during business hours; and 3. Trucks block fire lanes. The WBCA’s Allegations are Best Addressed By WBCA and Respondents Without Burdening the City (See Attachment H): As the City determined and informed the WBCA more than a year ago, “the conditions being removed are better suited for private negotiation between the Association and the business owner. Not only is it far too late for the City to consider any appeal with regard to this permit, but the grounds alleged are inappropriate. Pursuant to its own CC&Rs and Rules and Regulations, the WBCA is already empowered to address parking, loading, and outdoor storage, among other possible issues. It is not the role of the City to enforce private rules and regulations. For the foregoing reasons, the Respondents respectfully request the Planning Commission deny the appeal of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020 End of Applicant Statement Conclusion: City Staff believed all parties (tenant, owner, WBCA, and consultant) agreed to the conditions added to Administrative Development Permit 22-020 (#20-#26). However, since March of 2023, the tenant ADESA and their legal team had requested the removal of these conditions. Despite the City bringing this to WBCA’s attention multiple times, no action was taken. Therefore, staff removed Conditions of Approval #20-#29 within Administrative Development Permit 22-020 via Amendment to Conditions of Approval 23- 01 to align with how the City imposes conditions on other businesses in the complex and based off past direction. Any disagreements between tenant and management are considered private matters. It is recommended that the Planning Commission of the City of San Bernardino take the following action: 1) Adopt Resolution No. 2024-033 of the Planning Commission of the City of San Bernardino, California, denying Appeal 24-05 thereby upholding the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 (Attachment F) for Administrative Development Permit 22-020 (Attachment E), in which conditions of approval numbers 20 through 26 were redacted from the original Administrative Development Permit 22-020; for the property known as 379 E. Industrial Road located on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment A1). OR Packet Page 1554 2) Adopt Resolution No. 2024-034 of the Planning Commission of the City of San Bernardino, California, approving Appeal 24-05 thereby restoring the deleted conditions of approval 20 through 26, included with the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 (Attachment F) for Administrative Development Permit 22-020 (Attachment E) for the property known as 379 E. Industrial Road located on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment A2). Attachments: Attachment A1 Resolution No. 2024-033 Attachment A2 Resolution No. 2024-034 Attachment B Justification Letter Attachment C Location/Zoning Map Attachment D Aerial Map Attachment E Original Approval of Administrative Development Permit 22-020 Attachment F Approval of Amendment to Conditions of Approval 23-01 Attachment G Letter from Appellant (WBCA) asking for an Appeal Dated July 24, 2023, with photos Attachment H Respondent (ADESA) response to Appeal 24-05 Packet Page 1555 ATTACHMENT A1 RESOLUTION 2024-033 Packet Page 1556 RESOLUTION NO. 2024-033-PC 1 RESOLUTION NO. 2024-033-PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN BERNARDINO CALIFORNIA, DENYING APPEAL 24-05 THEREBY UPHOLDING THE COMMUNITY DEVELOPMENT AND HOUSING DEPARTMENT’S APPROVAL OF AMENDMENT TO CONDITIONS OF APPROVAL 23-01 FOR ADMINISTRATIVE DEVELOPMENT PERMIT 22-020, IN WHICH CONDITIONS OF APPROVAL NUMBERS 20 (TWENTY) THROUGH 26 (TWENTY-SIX) WERE DELETED FOR THE PROPERTY LOCATED AT 379 E. INDUSTRIAL ROAD ON 0.83 ACRES (APN: 0141-581-03) LOCATED WITHIN THE INDUSTRIAL LIGHT (IL) ZONE, WARD 3. WHEREAS, on September 4, 2024, pursuant to the requirements of Section 19.44.020 (Administrative and Development Permits-Applications) of the City of San Bernardino Development Code, an application for Appeal 24-05 was duly submitted by: Appellant: Waterman Business Center Association 328 E. Commercial Road #107 San Bernardino, CA 92408 APN: 0141-581-03 Lot Area: 0.83 acres WHEREAS, Appeal 24-05 is an appeal of the Community Development and Housing Department’s approval of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020, in which conditions of approval numbers 20 (twenty) through 26 (twenty-six) were deleted from the original Administrative Development Permit 22-020; for the property known as 379 E. Industrial Road located on 0.83 acres (APN: 0141-581-03) located within the Industrial Light (IL) zone, Ward 3; WHEREAS, On July 22, 2022, the original approval for Administrative Development Permit 22-020, which included Conditions of Approval # 20 – 26, was issued to Adesa International and involved the installation of an approximately 9,000-gallon nitrogen tank which would be utilized in conjunction with the packaging of Adesa International frozen foods; WHEREAS, on July 20, 2023, planning staff amended and deleted Conditions of Approval 20 through 26 from the original ADP with Amendment to Conditions 23-01; WHEREAS, On July 24, 2023, The Waterman Business Center Association in a 2- page letter requested an Appeal of Amendment to Conditions of Approval 23-01; and WHEREAS, On September 4, 2024, The Waterman Business Center Association formally files Appeal 24-05 of Amendment to Conditions 23-01 for Administrative Development Permit 22-020; and Packet Page 1557 RESOLUTION NO. 2024-033-PC 2 WHEREAS, the Planning Division has reviewed Amendment to Conditions 23-01 for Administrative Development Permit 22-020 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and WHEREAS, on September 28, 2024, pursuant to the requirements of Section 19.52.020 (Hearings and Appeals-Application Processing) of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and by mailing notices to the property owners and tenants within 1,000 feet of the subject property of the holding of a public hearing at which Appeal 24-05 of Amendment to Conditions 23-01 for Administrative Development Permit 22-020 would be considered; and WHEREAS, on October 8, 2024 pursuant to the requirements of Sections 19.52.040 (Hearings and Appeals-Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission held a duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Appeal 24-05 of Amendment to Conditions 23-01 for Administrative Development Permit 22-020; WHEREAS, at the duly noticed public hearing of the City of San Bernardino Planning Commission, staff requested a continuance to the Duly notice Planning Commission meeting of November 12, 2024 in which the request was granted; and WHEREAS, pursuant to the requirements of Chapter 19.44 (Administrative and Development Permits) of the City of San Bernardino Development Code, the Planning Commission has the authority to act on Appeal 24-05 of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020. NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby resolve, determine, find, and order as follows: SECTION 1. ENVIRONMENTAL DETERMINATION: Being the decision-making body for the project, the Planning Division reviewed and considered the information contained in the administrative record for the initial approval of Administrative Development Permit 22-020. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Planning Division, the Planning Commission finds as follows: 1. The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines, and 2. The proposed project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines; and 3. The application of the categorical exemption is not barred by one of the exceptions set forth in the State CEQA Guidelines Section 15300.2; and Packet Page 1558 RESOLUTION NO. 2024-033-PC 3 4. The determination of State CEQA exemption reflects the independent judgment of the Planning Division. SECTION 2. CONDITIONS OF APPROVAL FOR ORIGINAL SUPPORT OF ADMINISTRATIVE DEVELOPMENT PERMIT 22-020: Based upon the comprehensive review and evaluation, as required by Chapter 19.44 of the City of San Bernardino Development Code, Administrative Development Permit 22-020 was approved subject to the following Conditions of Approval: 1. This Administrative Development Permit is an approval to allow the installation of a nine thousand (9,000) gallon liquid nitrogen tank and equipment enclosure ancillary to the existing industrial building. The project site is located at 379 E. Industrial Road (APN:0141-581-03), within the Industrial Light (IL) Zone. 2. Within two (2) years of the Administrative Development Permit approval, commencement of construction shall have occurred, or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one (1) year, then the permit/approval shall become null and void. However, approval of the Administrative Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval. 3. The site shall be developed and maintained in accordance with the approved plans stamped June 22, 2022 approved by the City, which includes a site plan, on file in the Planning Division; the conditions contained herein; and, the City’s Municipal Code regulations. EXPIRATION DATE: June 22, 2024 4. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 5. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. 6. The applicant further agrees to reimburse the City for any costs and attorneys’ fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. Packet Page 1559 RESOLUTION NO. 2024-033-PC 4 7. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as “Attorney’s fees” for the purpose of this condition. As part of the consideration for issuing this Administrative Development Permit, this condition shall remain in effect if the Administrative Development Permit is rescinded or revoked, whether or not at the request of applicant. 8. The project shall comply with all applicable requirements of the Building and Safety Division, Fire Department, Police Department, Municipal Water Department, Public Services Department, and the City Clerk’s Office/Business Registration Division. 9. If the color or architecture of the building is proposed to be modified in the future, the revised color scheme and architecture shall be submitted to the Planning Division prior to any modification of the building exterior, for evaluation for substantial conformance to the approved plans. 10. Minor Modification to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification which exceeds ten percent (10%) of allowable measurable design/site considerations shall require the refilling of the original application. 11. The property owner(s), facility operator and property management will be responsible for regular maintenance of the site. The site shall be maintained in a clean condition and free of litter and any other undesirable material(s). Vandalism, graffiti, trash and other debris must be removed within 24 hours of being reported. 12. The applicant/owner shall maintain all existing landscaping in the parking lot and setbacks in a weed and disease-free condition at all times and any dead or missing vegetation must be promptly replaced. 13. Signs are not approved as part of this permit. Prior to establishing any new signs or replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Signs painted on the buildings are prohibited. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 14. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval printed on the plan sheets. 15. A concrete washout shall be provided for the proposed project. 16. All Conditions of Approval shall be completed prior to final inspection and sign-off. 17. All new construction shall require permits prior to commencement. Packet Page 1560 RESOLUTION NO. 2024-033-PC 5 18. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7:00 am or leave the site after 8:00 pm. Construction activities may only occur Monday through Friday. 19. All new construction shall be confirmed with the San Bernardino County Fire Department. Please contact San Bernardino County Fire Department Fire Prevention, located at 200 E. 3rd Street, San Bernardino, CA 92410 regarding all and/or any submittal requirements regarding new construction via phone at (909) 918-2200. The project shall comply with all applicable requirements of the Building and Safety Division, Fire Department, Police Department, Municipal Water Department, Public Services Department, and the City Clerk’s Office/Business Registration Division. 20. Applicant shall ensure that all its vehicles and those of its employees and visitors park only on the 379 E Industrial Road lot and do not park on any other owner’s property without a written agreement in place with that owner. 21. Bobtail and semi-trucks will park, load, and unload only in the areas designated on Exhibit A. Applicant will limit semi-trucks access/egress to and from the lot to between the hours of 9:00 pm and 6:00 am. No semi-trucks will park on site outside of these hours. 22. Applicant agrees to screen the Liquid Nitrogen Tank in accordance with the plans approved by WBCA and the metal screening material will be painted to match the main building field color of 379 E Industrial Building. 23. Applicant agrees to install and maintain landscaping (including proper irrigation) to screen views from adjacent property in accordance with the plans to be approved by WBCA. 24. Applicant agrees to properly and promptly dispose of all waste to minimize odors and pests 25. No utility lines will be mounted on the exterior of the building. 26. The storm drain trench (which is WBCA property) is to remain undisturbed before, during and after construction. The storm drain flow of the lot will be maintained and not altered. 27. In addition to these conditions, WBCA is requiring proper notice (minimum 3 business days) and insurance before starting construction over, near, under, around the fire water main that runs through the proposed construction area. Public Works Conditions a. For the streets listed below, dedication of adequate street right-of-way (R.W.) per the General Plan and Municipal Code shall provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Packet Page 1561 RESOLUTION NO. 2024-033-PC 6 Street Name Dedication of Right of Way (ft.) from centerline Curb Line(ft) Industrial Parkway (0141-581-03-0000) 30’ Existing No Dedication “Local Industrial” Per General Plan 19’+/- Existing None-Proposed b. Industrial Road-TI=5.5: i) Placement of the tank shall not be within the existing or any future rights- of-way. ii) The existing curb & gutter, sidewalk, and/or driveway fronting the site are in fair condition, if any curb & gutter panels, or sidewalk panels are lifted, cracked, or do not meet current ADA requirements, each of the panels shall be replaced per city standards. Install Sidewalk in missing areas of the frontage. iii) Construct Commercial Driveway Approach per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Minimum Width is 26’. No Driveways closer than 100’ from BCR/ECR as directed by the City Engineer. iv) When replacing/reconstructing curb and gutter panels, construct 8" Curb and Gutter per City Standard No. 200, type “B”. v) If Replacing or reconstructing Sidewalk panels construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb). vi) Survey Monuments and ties shall be placed, replaced, tied out and recorded at any corner or alignment changes that are adjacent to the project area in accordance with California Land Surveyors Association – Monument Preservation Guidelines, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering. * A Scoping Form is required, this form shall indicate the need of a Traffic Report, the results of the traffic report shall become conditions of this project which may increase or extend the above requirements in section 1(b) and 5(a). * These Conditions are set for an estimated construction with-in two years. If construction exceeds two years from DERC Approval these conditions shall be reviewed and updated as needed. A second copy of the drainage report will be delivered to public works, if offsite or overflow storm drain systems are identified, all systems shall be identified on the street improvement plans, public storm drain shall be on a separate set of plans. c. City approved trash screens and filtration devices shall be installed in all catch basins or manhole connections. d. A temporary construction encroachment permit from Public Works Department shall be required for utility cuts into existing streets or any work within City’s right-of-way. Pavement restoration or trench repair shall be in conformance with City Standard No. 310. Public facilities shall be restored or constructed back to Public Works Department satisfaction. Packet Page 1562 RESOLUTION NO. 2024-033-PC 7 e. Any pavement work affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. f. The applicant must post a performance bond prior to issuance of the off-site permit. The amount of the bond is to be determined by Public Works Department. g. The above conditions shall comply with current codes and policies at time of construction. h. The above conditions shall comply with current codes, policies, and standards at time of construction. i. Prior to a Certificate of Occupancy or Completion of Project all As-builts shall be submitted to Public Works. 28. Required Engineering Plans a. A complete submittal for plan checking shall consist of: ▪ Street improvement plans (may include streetlight or street lighting may be separate plans). ▪ Signing and striping plan (may be on sheets included in street improvement plan ▪ On-site improvement plans and landscaping and irrigation, ▪ Lighting (on-site lighting may be included in on-site improvement plan or maybe on a separate stand-alone plan). ▪ CFD’s are required, the CFD Plans shall include Landscaping, Irrigation, Basins, etc. items that are included in the CFD that are not listed in the plans above, shall be on separate sheets included in the street improvement plans. ▪ Other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. ▪ All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations). b. Copies of the City’s design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at http://www.sbcity.org. c. All off-site improvement plans submitted for plan check shall be prepared on the City’s standard 24” x 36” sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. d. After completion of plan checking, final Mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer and/or Building Official for approval. e. Electronic files of all improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2021 and include a .dxf file of the project. Files shall be on CD and shall be submitted at the same time the final mylar drawings are submitted for approval. Packet Page 1563 RESOLUTION NO. 2024-033-PC 8 29. Required Engineering Permits a. On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. b. Off-site improvement construction permits. c. WQMP/Hydrology (THR) (if applicable) d. CFD/Street Dedication Permit (if applicable) e. Traffic Control and ROW Permits (if applicable) 30. Applicable Engineering Fees a. The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org b. All plan check: permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. c. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. 31. Traffic Requirements a. All Traffic mitigation measures shall be implemented according to the recommendations of the City Traffic Engineer prior to Street Improvement plan. 32. Integrated Waste Management a. During demolition and/or construction, services are to be provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. b. The site plan dated November 22, 2021, identifies the installation of a 9,000- gallon liquid nitrogen tank and equipment enclosure at an existing building located at 379. E. Industrial Road. c. Burrtec Waste’s review of the site plan identifies a proposed nitrogen storage tank located east of the existing refuse enclosure serving the property. The enclosure is currently accessed by a looped driveway. Based on the information provided, the project tank and enclosure will not impact Burrtec’ s ability to service the existing refuse enclosure. Any changes to the overall design, enclosure specifications or location, or access may adversely impact Burrtec’ s ability to service the project. Any design modification that could impact Burrtec’ s service will be subject to review by Burrtec. Burrtec’ s review of this project is limited to determining whether it meets Burrtec’ s minimum standards for waste and recycling collection services. Any comments or approvals by Burrtec are limited to these minimum standards as they relate to equipment and personnel and do not pertain to the project’s compliance with applicable federal, state and local land use and environmental laws, building codes or other applicable government regulations. Packet Page 1564 RESOLUTION NO. 2024-033-PC 9 Any approvals by Burrtec do not warrant or represent that Burrtec accepts any liability relative to the performance of waste and recycling collection services within this project. d. Contact the Building & Safety Division to determine ADA accessibility requirements. Modifications made to refuse enclosures to meet ADA accessibility requirements shall not decrease the minimum clear interior dimensions needed for the container storage area. e. Refuse enclosures within five (5) feet of combustible construction shall install an automatic fire sprinkler as approved by the Building & Safety Division and the San Bernardino County Fire Department. (See City Standard Plan 508). f. Refuse enclosure roofs shall be a minimum of eight (8) feet high interior at its lowest point, with minimal front protrusions that can be damaged during container servicing and must extend over any open side or the rear of the refuse enclosure by at least six (6) inches or as approved by the City. g. Burrtec Waste Truck Turning Radius – All corners and intersections on streets and driveways leading to refuse enclosures shall have a turning radius adequate for a 35-foot long, three-axle collection truck. The minimum inside curb radius shall be at least 28 feet. The minimum outside curb radius shall be at least 42 feet. All streets and driveways shall comply with applicable City standards. Burrtec Waste’s truck turning template may be obtained from the Public Works Department in PDF and CAD. h. Vertical and Horizontal Clearances – The minimum vertical clearance for collection trucks along the entire route to the refuse enclosure is fifteen (15) feet. The minimum vertical clearance in front of the refuse enclosure where the truck will empty the container shall be twenty-six (26) feet. The clear height shall be free of building overhangs, trees, and utility lines. The minimum horizontal clearance along the entire route to an enclosure is 12 feet. i. Hammerhead Turnarounds – Shall meet or exceed San Bernardino County Fire Protection District Diagram A-1.12: Hammerhead Turnaround Detail dated July 1, 2021. San Bernardino County Hammerhead detail may be obtained from the Public Works Department. j. If gated, access shall be provided by means of a key, code, or remote. k. Assembly Bill 341 Mandatory Commercial Recycling may apply. l. Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply. m. Senate Bill 1383 Short-Lived Climate Pollutants Reduction Act may apply. n. Upon completion, service is provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. 111 E. Mill Street, San Bernardino, CA 92408 (909) 804-4222. San Bernardino Consolidated Fire District 31. All conditions set forth by the County of San Bernardino Fire Department shall be followed. Packet Page 1565 RESOLUTION NO. 2024-033-PC 10 SECTION 3. CONDITIONS OF APPROVAL FOR ORIGINAL SUPPORT OF AMENDMENT TO CONDITIONS OF APPROVAL 23-01 FOR ADMINISTRATIVE DEVELOPMENT PERMIT 22-020: The approval of Amendment to Conditions of Approval 23-01 for Administrative Development Perit 22-020 was subject to the following Conditions of Approval: 1. This approval authorizes the applicant an allowance for the installation of a nine thousand (9,000) gallon liquid nitrogen tank and equipment enclosure ancillary to the existing industrial building located on a parcel containing approximately 0.83 acres located at 379 E. Industrial Road (APN:0141-581-03) within the Industrial Light (IL) zone. 2. This approval shall comply with Administrative Development Permit 22-20, dated June 22, 2022 (Attachment E) The following Conditions of Approval for previous approved Administrative Development Permit 22-20 are deleted from the original approval of Administrative Development Permit 22- 020 as follows: 20. Bobtail and semi-trucks will park, load, and unload only in the areas designated. The Applicant will limit semi-trucks access/egress to and from the lot to between the hours of 9:00 pm and 6:00 am. No semi-trucks will park on site outside of these hours. 21. Applicant agrees to screen the Liquid Nitrogen Tank in accordance with the plans approved by WBCA and the metal screening material will be painted to match the main building field color of 379 E Industrial Building. 22. Applicant agrees to install and maintain landscaping (including proper irrigation) to screen views from adjacent property in accordance with the plans to be approved by WBCA. 23. Applicant agrees to properly and promptly dispose of all waste to minimize odors and pests 24. No utility lines will be mounted on the exterior of the building. 25. The storm drain trench (which is WBCA property) is to remain undisturbed before, during and after construction. The storm drain flow of the lot will be maintained and not altered. 26. In addition to these conditions, WBCA is requiring proper notice (minimum 3 business days) and insurance before starting construction over, near, under, around the fire water main that runs through the proposed construction area. Please be advised that the decision is final unless a written appeal is filed, with the appropriate fee, within fifteen (15) days of the date following the final date of approval, pursuant to Section 19.52.100 of the City of San Bernardino Development Code. End of Conditions of Approval Packet Page 1566 RESOLUTION NO. 2024-033-PC 11 SECTION 4. PLANNING COMMISSION ACTION: The Planning Commission hereby takes the following action: 1. Adopt Planning Commission Resolution No.2024-033: a. Finding that the environmental impacts of this project were previously analyzed under the Categorical Exemption adopted on July 22, 2022, in conjunction with Administrative Development Permit 22-020; and b. Denying Appeal 24-05 for Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020 based on the finding of fact, CEQA determination, and subject to the Conditions of Approval. SECTION 5. SEVERABILITY: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. CUSTODIAN OF RECORDS The location and custodian of the documents and any other material, which constitute the record of proceedings upon which the Development/Environmental Review Committee based its decision, is as follows: Genoveva Rocha, City Clerk, 201 North E Street (Building A), (909) 384-5002. PASSED, APPROVED, AND ADOPTED this 12th day of November 2024. _________________________________ Lisa Sherrick, Chairperson San Bernardino Planning Commission ATTEST: _____________________________________ Gabriel Elliott, Planning Commission Secretary City of San Bernardino, California Packet Page 1567 RESOLUTION NO. 2024-033-PC 12 CERTIFICATION: I, Alyssa Blancas Recording Secretary of the Planning Commission of the City of San Bernardino, California, do hereby certify that the foregoing Resolution No. 2024-033 was duly adopted by the Planning Commission of the City of San Bernardino, California, at a regular meeting thereof held on the 12th day of November 2024 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ____________________________________ Alyssa Blancas, Recording Secretary City of San Bernardino, California Packet Page 1568 RESOLUTION NO. 2024-033-PC 13 EXHIBIT “A” APPROVED PLANS Packet Page 1569 96.49' 23 1 . 4 4 ' 184.30' E INDUSTRIAL RD 30 ' ±24'-1"± 21 ' ± 63'± 8. 5 ' TY P 23 ' - 3 " ± ℄ 49.46'± 21 1 . 7 2 ' ± IN S T A L L A T I O N O F 9 , 0 0 0 - G A L L I N T A N K AN D E N C L O S U R E Ad e s a I n t e r n a t i o n a l LO C A T I O N SGE JOB No. 521.073.422 May 20, 2022 TEL. (949) 552-5244 FAX (949) 552-5243 S. GORDIN STRUCTURAL DESIGN 2081 Business Ctr Dr., Ste. 105, Irvine, CA 92612 & ENGINEERING SERVICES (SGE), INC. 37 9 E I n d u s t r i a l R d , S a n B e r n a r d i n o , C A 9 2 4 0 8 ADESA INTERNATIONAL November 22, 2021DATE: REVISIONS TOTAL SITE PLAN SHEETS - 2 DESIGNED BY APPROVED BY JT VSG THESE PLANS WERE DEVELOPED RESTRICTIVELY FOR USE ON THE STRUCTURES AND BY PERSONS/COMPANY AS SPECIFIED IN THE TITLE BLOCK. ANY OTHER USE (INCLUDING, BUT NOT LIMITED TO, DISSEMINATION AND COPYING) OF THESE PLANS OR ANY USE OF THE PLANS BY ANY PARTY OR PARTIES OTHER THAN THE ONES SPECIFIED IN THE TITLE BLOCK, ARE STRICTLY PROHIBITED UNLESS UNDER A WRITTEN PERMISSION BY SGE. CLIENT PRACTICAL SOLUTIONS 15233 VANADA RD, LA MIRADA, CA 90638 ATTENTION: REFER TO LIST OF REVISIONS ON THIS SHEET: THE RELEASE OF THIS DRAWING WITH THE LATEST REVISION NUMBER AND DATE SUPERSEDES AND VOIDS ALL DOCUMENTS PREVIOUSLY ISSUED BY SGE FOR THE SUBJECT SITE. NVICINITY MAP DRAWING INDEX SP1 SITE PLAN, NOTES & PROJECT INFORMATION SP2 ENLARGED AREA OF WORK, ELEVATIONS & DETAILS S1 STRUCTURAL LAYOUT, NOTES & DETAILS S2 STRUCTURAL DETAILS S3 ENCLOSURE DETAILS KEYNOTES EXISTING (E), NO CHANGE BY OTHERS, NIC NEW (N) REFER TO STRUCTURAL DRAWINGS 1E PROPERTY LINE 1N TANK: 9,000-GALLON LIN 2E PARKING 2N CONCRETE PAD 3E ACCESSIBLE PARKING SPACE 3N BOLLARD 4E PATH OF TRAVEL 4N CORRUGATED STEEL FENCE 5E DRIVEWAY 5N DOOR, BY OTHERS, NIC 6E BUILDING 6N SLIDING GATE, BY OTHERS, NIC 7E TRANSFORMER 8E REFUSE ENCLOSURE 9E 6' FENCE & GATE 10E CURB 1 - SP1 SITE PLAN, NOTES & PROJECT INFORMATION PROJECT SITE 20 0 20 401SITE PLAN FOR REFERENCE ONLY 5E 1E FTFTFT CONSTRUCTION NOTES 1. GENERAL CONSIDERATIONS A. ALL WORK SHALL BE PERFORMED IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF THE LOCAL, STATE, AND NATIONAL CODES, AS WELL AS WITH THE PRINCIPLES OF GOOD CONSTRUCTION PRACTICE. B. DURING THE CONSTRUCTION PERIOD THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE SAFETY (INCLUDING FIRE SAFETY) OF THE NEW, AS WELL AS EXISTING, STRUCTURES. THE CONTRACTOR SHALL PROVIDE ADEQUATE SHORING, BRACING, AND GUYS IN ACCORDANCE WITH ALL NATIONAL, STATE, AND LOCAL SAFETY ORDINANCES. THAT RESPONSIBILITY SHALL APPLY CONTINUOUSLY AND SHALL NOT BE LIMITED TO NORMAL WORKING HOURS. ANY DEVIATION FROM SUCH ORDINANCES MUST BE REVIEWED AND APPROVED BY SGE PRIOR TO CONSTRUCTION. C. THE CONTRACTOR SHALL THOROUGHLY REVIEW THE PLANS AND CHECK ALL DIMENSIONS PRIOR TO COMMENCING THE WORK. ALL DISCREPANCIES SHALL BE CALLED TO THE ATTENTION OF SGE AND RESOLVED BEFORE PROCEEDING WITH THE WORK. D. THE CONTRACTOR SHOULD NOT PROCEED WITH CONSTRUCTION IN CASE OF CONFLICT(S) BETWEEN THE DETAILS, AND/OR BETWEEN THE DETAILS AND PLANS, AND/OR BETWEEN THE PLANS AND SCHEDULES. THE CONSTRUCTION SHALL RESUME ONLY UPON THE FULL RESOLUTION OF SUCH CONFLICT BY SGE. E. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE RESTORATION OF WORKING CONDITION OF ALL EXISTING COMPONENTS AND STRUCTURES AFFECTED BY THIS CONSTRUCTION. THE CONTRACTOR SHALL CONSTANTLY KEEP THE AREA OF CONSTRUCTION FROM ACCUMULATION OF WASTE MATERIALS AND DEBRIS. F. AT THE END OF EACH DAY OF CONSTRUCTION ACTIVITY, ALL CONSTRUCTION DEBRIS AND WASTE MATERIALS SHALL BE COLLECTED AND PROPERLY DISPOSED IN TRASH OR RECYCLE BINS. AT THE END OF WORK, THE CONTRACTOR SHALL REMOVE ALL WASTE, SURPLUS MATERIAL, TOOLS, AND EQUIPMENT. G. THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONJUNCTION WITH THIS PROJECT EXCEPT FOR LIABILITY RISING FROM THE SOLE NEGLIGENCE OF THE ENGINEER. H. DO NOT SCALE THESE DRAWINGS. WRITTEN DIMENSIONS TAKE PRECEDENCE OVER ASSUMED OR SCALED DIMENSIONS. I. ALL DIMENSIONS ARE TO FACE OF FINISHED SURFACES. LAYOUT OF STRUCTURES AND FOUNDATIONS MUST BE DETERMINED BY EXAMINATION OF PLANS AND FINISH MATERIALS SELECTED AND SHALL NOT BE ASSUMED AS BEING EXPRESSED BY THE WRITTEN FINISHED SURFACE DIMENSIONS. J. SITE DRAWINGS ARE BASED UPON THE PLANS OBTAINED FROM THE AUTHORITY HOLDING JURISDICTION (AHJ), AND/OR PROVIDED BY THE PROPERTY OWNER, AND/OR AVAILABLE AERIAL IMAGES. UNLESS NOTED OTHERWISE, NO TOPOGRAPHIC, BOUNDARY, OR LAND TITLE SURVEY WAS PERFORMED FOR THE PROJECT. 2. STORMWATER, EROSION, AND ENVIRONMENTAL CONSIDERATIONS ALL CONSTRUCTION WORK SHALL FULLY COMPLY WITH ALL STORMWATER, EROSION, GRADING, AND ENVIRONMENTAL REQUIREMENTS OF THE LOCAL, STATE AND FEDERAL CODES - INCLUDING (BUT NOT LIMITED TO) THE FOLLOWING: A. ALL CONSTRUCTION CONTRACTOR AND SUBCONTRACTOR PERSONNEL ARE TO BE MADE AWARE OF, AND COMPLY WITH, THE AUTHORITY HOLDING JURISDICTION (AHJ) BEST MANAGEMENT PRACTICES (BMP) AND GOOD HOUSEKEEPING MEASURES FOR THE PROJECT SITE AND ANY ASSOCIATED CONSTRUCTION STAGING AREAS. B. APPROPRIATE BMP FOR CONSTRUCTION-RELATED MATERIALS, WASTES, AND SPILLS SHALL BE IMPLEMENTED TO MINIMIZE TRANSPORT FROM THE SITE TO STREETS, DRAINAGE FACILITIES, OR ADJOINING PROPERTY BY WIND OR RUNOFF. C. CONSTRUCTION SITES SHALL BE MAINTAINED IN SUCH A CONDITION THAT AN ANTICIPATED STORM DOES NOT CARRY WASTES OR POLLUTANTS OFF THE SITE. DISCHARGES OF MATERIAL OTHER THAN STORMWATER ARE ALLOWED ONLY WHEN NECESSARY FOR PERFORMANCE AND COMPLETION OF CONSTRUCTION PRACTICES AND WHERE THEY DO NOT: (A) CAUSE OR CONTRIBUTE TO A VIOLATION OF ANY WATER QUALITY STANDARD; (B) CAUSE OR THREATEN TO CAUSE POLLUTION, CONTAMINATION, OR NUISANCE; AND/OR (C) CONTAIN A HAZARDOUS SUBSTANCE IN A QUANTITY REPORTABLE UNDER FEDERAL REGULATIONS CFR PARTS 117 AND 302. D. RUNOFF FROM EQUIPMENT AND VEHICLE WASHING SHALL BE CONTAINED AT CONSTRUCTION SITES UNLESS TREATED TO REDUCE OR REMOVE SEDIMENT OR OTHER POLLUTANTS. E. POTENTIAL POLLUTANTS INCLUDE, BUT ARE NOT LIMITED TO: SOLID OR LIQUID CHEMICAL SPILLS; WASTES FROM PAINTS, STAINS, SEALANTS, GLUES, LIMES, PESTICIDES, HERBICIDES, WOOD PRESERVATIVES AND SOLVENTS; ASBESTOS FIBERS, PAINT FLAKES OR STUCCO FRAGMENTS; FUELS, OILS, LUBRICANTS, AND HYDRAULIC, RADIATOR OR BATTERY FLUIDS; FERTILIZERS, VEHICLE/EQUIPMENT WASH WATER AND CONCRETE WASH WATER; CONCRETE; DETERGENT OR FLOATABLE WASTES; WASTES FROM ANY ENGINE/ EQUIPMENT STEAM CLEANING OR CHEMICAL DEGREASING AND SUPERCHLORINATED POTABLE WATER LINE FLUSHING. F. DURING CONSTRUCTION, THE DISPOSAL OF SUCH MATERIALS SHALL OCCUR IN A SPECIFIED AND CONTROLLED TEMPORARY AREA ON-SITE PHYSICALLY SEPARATED FROM STORMWATER RUNOFF, WITH ULTIMATE DISPOSAL IN ACCORDANCE WITH LOCAL, STATE AND FEDERAL REQUIREMENTS. G. DEWATERING OF CONTAMINATED GROUND WATER OR DISCHARGING OF CONTAMINATED SOILS VIA SURFACE EROSION IS PROHIBITED. DEWATERING OF NON-CONTAMINATED GROUND WATER REQUIRES A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT FROM THE RESPECTIVE STATE REGIONAL WATER QUALITY BOARD. H. SEDIMENT FROM AREAS DISTURBED BY CONSTRUCTION SHALL BE RETAINED ON SITE USING STRUCTURAL CONTROLS TO THE MAXIMUM PRACTICAL EXTENT. I. STOCKPILES OF SOIL SHALL BE PROPERLY CONTAINED TO MINIMIZE SEDIMENT TRANSPORT FROM THE SITE TO STREETS, DRAINAGE FACILITIES OR ADJACENT PROPERTIES VIA RUNOFF, VEHICLE TRACKING, OR WIND. J. GRADED AREAS ON THE PERMITTED AREA PERIMETER MUST DRAIN AWAY FROM THE FACE OF THE SLOPES AND TOWARD DESILTING FACILITIES AT THE CONCLUSION OF EACH WORKING DAY. K. THE PERMITTEE AND THE CONTRACTOR SHALL BE RESPONSIBLE AND SHALL TAKE THE NECESSARY PRECAUTIONS TO PREVENT PUBLIC TRESPASS ONTO AREAS WHERE IMPOUNDED WATER CREATES A HAZARDOUS CONDITION. L. THE PERMITTEE AND THE CONTRACTOR SHALL ENSURE THAT THE EROSION CONTROL WORK IS IN ACCORDANCE WITH THE APPROVED PLANS. 3. ACCESSIBILITY CONSIDERATIONS AN ACCESSIBLE ROUTE (PATH OF TRAVEL) FROM THE AREA OF WORK TO THE BUILDING ENTRY, TOILET ROOMS, AND ACCESSIBLE PARKING SHALL FULLY COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE BUILDING CODE AND AJH. THESE REQUIREMENTS INCLUDE (BUT ARE NOT LIMITED TO) THE FOLLOWING: A. PATH OF TRAVEL SHALL BE ESTABLISHED ALONG THE SHORTEST POSSIBLE ACCESSIBLE ROUTE FROM THE ACCESSIBLE PARKING TO THE BUILDING ENTRANCE AND DESIGNATED WITH CODE-COMPLIANT SIGNAGE. B. ANY OBSTRUCTION THAT OVERHANGS THE PATH OF TRAVEL SHALL BE A MINIMUM OF 80” ABOVE THE WALKING SURFACE AS MEASURED FROM THE BOTTOM OF THE OBSTRUCTION. C. WALKS AND SIDEWALKS SHALL BE A MINIMUM OF 48” WIDE EXCEPT AT DOORS WHERE WIDENED LEVEL AREAS SHALL BE PROVIDED. THE WIDENED LEVEL AREAS SHALL NOT BE LESS THAN 60” SQUARE AT A DOOR OR GATE THAT SWINGS TOWARD THE WALK, AND NOT LESS THAN 48” WIDE BY 44” DEEP AT A DOOR OR GATE THAT SWINGS AWAY FROM THE WALK. D. THE SLOPE OR WALKING SURFACES OF ACCESSIBLE ROUTES SHALL NOT EXCEED 5% ALONG THE DIRECTION OF TRAVEL AND 2% ACROSS THAT DIRECTION. E. ABRUPT CHANGES IN LEVEL ALONG ANY ACCESSIBLE ROUTE SHALL NOT EXCEED ½” UNLESS BEVELED WITH A SLOPE OF 50% MAXIMUM. CHANGES IN LEVEL NOT EXCEEDING ¼” MAY BE VERTICAL. F. WALKING SURFACES ON AN ACCESSIBLE ROUTE SHALL BE FREE OF GRATINGS WHENEVER POSSIBLE. GRATINGS LOCATED IN THE SURFACE OF ANY OF THESE AREAS SHALL HAVE GRID OPENINGS MEASURING MAXIMUM ½” IN THE DIRECTION OF TRAFFIC FLOW. G. FLOOR AND GROUND SURFACES SHALL BE STABLE, FIRM, AND SLIP RESISTANT. IF CARPET OR CARPET TILE IS USED IN A COMMON-USE AREA OR PUBLIC-USE AREA ON A GROUND OR FLOOR SURFACE, IT SHALL HAVE FIRM BACKING OR NO BACKING. CARPET OR CARPET TILE SHALL HAVE A LEVEL LOOP, TEXTURED LOOP, LEVEL CUT PILE, OR LEVEL CUT/UNCUT PILE TEXTURE WITH MAXIMUM PILE HEIGHT OF ½”. EXPOSED EDGES OF CARPET SHALL BE FASTENED TO FLOOR SURFACES AND HAVE TRIM ALONG THE ENTIRE LENGTH OF THE EXPOSED EDGE. H. ALL DOOR MATS SHALL BE RECESSED AND ADEQUATELY ANCHORED TO PREVENT INTERFERENCE WITH WHEELCHAIR TRAFFIC. I.ALL LEVEL AREAS AT EXIST DOORS SHALL HAVE MINIMUM LENGTHS OF 60” IN THE DIRECTION OF THE DOOR SWING AND 44” IN THE OPPOSITE DIRECTION - AS MEASURED AT RIGHT ANGLES TO THE PLANE OF THE DOOR IN ITS CLOSED POSITION. J. ALL DOORS SHALL PROVIDE A MINIMUM CLEAR WIDTH OF 32” AND HEIGHT OF 80”. CLEAR OPENINGS OF DOORWAYS WITH SWINGING DOORS SHALL BE MEASURED BETWEEN THE FACE OF THE DOOR AND THE STOP, WITH THE DOOR OPEN 90 DEGREES. K. OPENINGS MORE THAN 24” DEEP SHALL BE MINIMUM 36” WIDE CLEAR. L. THERE SHALL BE NO PROJECTIONS INTO THE REQUIRED CLEAR OPENING WIDTH LOWER THAN 34” ABOVE THE FINISH FLOOR OR GROUND. PROJECTIONS INTO THE CLEAR OPENING WIDTH BETWEEN 34” AND 80” ABOVE THE FINISH FLOOR OR GROUND SHALL NOT EXCEED 4 INCHES. M. HAND-ACTIVATED DOOR OPENING HARDWARE (LEVER-TYPE HARDWARE, PANIC BARS, PUSH-PULL ACTIVATING BARS OR OTHER HARDWARE DESIGNED TO PROVIDE PASSAGE) SHALL HAVE A SHAPE THAT IS EASY TO GRASP WITH ONE HAND AND DOES NOT REQUIRE TIGHT GRASPING, TIGHT PINCHING OR TWISTING OF THE WRIST TO OPERATE. N. HAND-ACTIVATED DOOR OPENING HARDWARE SHALL BE OPERABLE WITH A SINGLE EFFORT NOT EXCEEDING 8.5 LBS FOR EXTERIOR DOORS, 5 LBS FOR INTERIOR DOORS, AND 15 LBS FOR FIRE DOORS. O. ALL OPERABLE DOOR HARDWARE SHALL BE MOUNTED AT 30” MINIMUM AND 44” MAXIMUM ABOVE THE FINISHED FLOOR. P. SURFACES OF SWINGING DOORS WITHIN THE VERTICAL DISTANCE OF 10” FROM THE FINISH FLOOR SHALL HAVE A SMOOTH SURFACE ON THE PUSH SIDE EXTENDING THE FULL WIDTH OF THE DOOR OR GATE. NOTE: SITE PLAN IS FOR REFERENCE ONLY SGE STAMP ONLY PERTAINS TO THE AREA OF WORK. PROJECT INFORMATION NO CHANGE PROJECT DESCRIPTION INSTALLATION OF A 9,000-GALLON HORIZONTAL LIN TANK CHANGE IN PARKING ჲ NO CHANGE IN FLOOR AREA PROJECT VALUATION TBD PROJECT ADDRESS ჲ 379 E INDUSTRIAL RD, SAN BERNARDINO, CA 92408 PROJECT COORDINATES ჲ 34.0567841 °N, 117.2767049 °W ASSESSOR PARCEL NUMBER ჲ 0141-581-03 ZONING ჲ INDUSTRIAL LIGHT - IL OCCUPANCY ჲ F-2, S-2 CODES 2019 CALIFORNIA BUILDING CODE 2019 CALIFORNIA MECHANICAL CODE 2019 CALIFORNIA PLUMBING CODE 2019 CALIFORNIA ELECTRICAL CODE 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE 2019 CALIFORNIA ENERGY EFFICIENCY STANDARDS 2019 CALIFORNIA FIRE CODE LOT SIZE ჲ 0.83 ACRES BUILDING AREA ჲ 16,237 S.F. BUILDING CONSTRUCTION TYPE ჲ V-B AUTOMATED SPRINKLERS?ჲ YES EXISTING USES WITHIN 100' OF PROPERTY ჲ INDUSTRIAL LIGHT - IL PAVEMENT TYPE ჲ ASPHALT PROJECT TEAM OWNER ALBERTO DE SANTIAGO 1440 VINEYARD AVE, ONTARIO, CA 91761 (949) 975-9412 TENANT ADESA INTERNATIONAL 379 E INDUSTRIAL RD, SAN BERNARDINO, CA 92408 (562) 234-1322 STRUCTURAL ENGINEER SGE CONSULTING STRUCTURAL ENGINEERS 2081 BUSINESS CENTER DR. #105 IRVINE, CA 92612 (949) 552-5244 CONTRACTOR TBD E REDLANDS BLVD S W A T E R M A N A V E E INDUSTRI A L R D E COMMERCIAL RD 10 N 2E 2E 2E 3E 6E 10E 8E AREA OF WORK 1 SP2 ENLARGED 7E 3E 5E 9E 10E 10E 10E 10E 4E 1N 2N 3N 4N 4 PARKING SPACES TO BE REMOVED PARKING ANALYSIS BUILDING 379 USE OF AREA OFFICE INDUSTRIAL - WAREHOUSE/STORAGE FLOOR AREA 2,123 SF OFFICE + 14,114 SF INDUSTRIAL 16,237 SF TOTAL REQUIRED PARKING PER CODE, OFFICE 1 SPACE PER 250 SF REQUIRED PARKING PER CODE, INDUSTRIAL 1 SPACE PER 1,000 SF CALCULATED REQUIRED PARKING, OFFICE 2,123 SF x 1 SPACE = 8.5 SPACES 250 SF 9 PARKING SPACES REQUIRED BASED ON OFFICE AREA PER CODE CALCULATED REQUIRED PARKING, INDUSTRIAL 14,114 SF x 1 SPACE = 14.1 SPACES 1,000 SF 15 PARKING SPACES REQUIRED BASED ON INDUSTRIAL AREA PER CODE CALCULATED REQUIRED PARKING, TOTAL 9 SPACES OFFICE + 15 SPACES INDUSTRIAL 24 SPACES TOTAL REQUIRED PROPOSED CHANGES 4 PARKING SPACES TO BE REMOVED NO CHANGES TO ADA PARKING SPACES PARKING SUMMARY CURRENT PROPOSED 31 SPACES AVAILABLE 7 SPACES IN EXCESS CURRENT PARKING IN COMPLIANCE WITH PARKING STANDARDS 27 SPACES AVAILABLE 3 SPACES IN EXCESS PROPOSED PARKING IN COMPLIANCE WITH PARKING STANDARDS ADDITIONAL PARKING NOTES ALL REMAINING PARKING SPACES ARE TO BE ACCESSIBLE AT ALL TIMES. ALL EMPLOYEE PARKING TO BE DONE WITHIN THE PROPERTY SITE ONLY. PARKING AT OTHER PROPERTIES AND ON-STREET PARKING IS NOT ALLOWED. 5N 6N OPERATIONAL CONSIDERATIONS SEMI-TRUCK DELIVERIES WILL BE BETWEEN THE HOURS OF 9PM AND 6AM. OPERATIONS TEAMS WILL DISPOSE OF ALL WASTE IN A TIMELY MANNER IN AN EFFORT TO MAINTAIN CLEAN VISUALS AND MINIMIZE ANY ODORS. TRAFFIC WILL BE PROPERLY MANAGED AND NO TRAFFIC WILL PARK ON ADJACENT PROPERTY. Packet Page 1570 36'-3" 16 ' - 9 " 6"± IN S T A L L A T I O N O F 9 , 0 0 0 - G A L L I N T A N K AN D E N C L O S U R E Ad e s a I n t e r n a t i o n a l LO C A T I O N SGE JOB No. 521.073.422 May 20, 2022 TEL. (949) 552-5244 FAX (949) 552-5243 S. GORDIN STRUCTURAL DESIGN 2081 Business Ctr Dr., Ste. 105, Irvine, CA 92612 & ENGINEERING SERVICES (SGE), INC. 37 9 E I n d u s t r i a l R d , S a n B e r n a r d i n o , C A 9 2 4 0 8 ADESA INTERNATIONAL November 22, 2021DATE: REVISIONS TOTAL SITE PLAN SHEETS - 2 DESIGNED BY APPROVED BY JT VSG THESE PLANS WERE DEVELOPED RESTRICTIVELY FOR USE ON THE STRUCTURES AND BY PERSONS/COMPANY AS SPECIFIED IN THE TITLE BLOCK. ANY OTHER USE (INCLUDING, BUT NOT LIMITED TO, DISSEMINATION AND COPYING) OF THESE PLANS OR ANY USE OF THE PLANS BY ANY PARTY OR PARTIES OTHER THAN THE ONES SPECIFIED IN THE TITLE BLOCK, ARE STRICTLY PROHIBITED UNLESS UNDER A WRITTEN PERMISSION BY SGE. CLIENT PRACTICAL SOLUTIONS 15233 VANADA RD, LA MIRADA, CA 90638 ATTENTION: REFER TO LIST OF REVISIONS ON THIS SHEET: THE RELEASE OF THIS DRAWING WITH THE LATEST REVISION NUMBER AND DATE SUPERSEDES AND VOIDS ALL DOCUMENTS PREVIOUSLY ISSUED BY SGE FOR THE SUBJECT SITE. 80 " M I N T O F I N . G R A D E WA L L O R P O L E M O U N T E D PARKING IDENTIFICATION SIGNS SHALL BE REFLECTORIZED WITH A MINIMUM AREA OF 70 SQUARE INCHES PARKING SPACE IDENTIFICATION SIGNS SHALL INCLUDE THE INTERNATIONAL SYMBOL OF ACCESSIBILITY. SYMBOL OF ACCESSIBILITY AND THEIR BACKGROUND SHALL HAVE A NON-GLARE FINISH, THE SYMBOL SHALL CONSIST OF A WHITE FIGURE ON A BLUE BLACK GROUND. THE BLUE SHALL BE COLOR NO. 15090 IN FEDERAL STANDARD 595B. ADDITIONAL SIGN REQUIRED FOR VAN ACCESSIBLE PARKING ADDITIONAL SIGN BELOW THE INTERNATIONAL SYMBOL OF ACCESSIBILITY SHALL STATE "MINIMUM FINE $250". ℄ OF ACCESSIBLE PARKING SIGN NOTE: PARKING SPACE IDENTIFICATION SIGN SHALL BE VISIBLE FROM EACH PARKING SPACE. SIGNS SHALL BE PERMANENTLY POSTED EITHER IMMEDIATELY ADJACENT TO THE PARKING SPACE OR WITHIN THE PROJECTED PARKING SPACE WIDTH AT THE HEAD END OF THE PARKING SPACE. SIGNS MAY ALSO BE PERMANENTLY POSTED ON A WALL AT THE INTERIOR END OF THE PARKING SPACE. AN ADDITIONAL SIGN SHALL BE POSTED EITHER: 1. IN A CONSPICUOUS PLACE AT EACH ENTRANCE TO AN OFF-STREET PARKING FACILITY OR; 2. IMMEDIATELY ADJACENT TO ON-SITE ACCESSIBLE PARKING AND VISIBLE FROM EACH PARKING SPACE 17" MIN 22 " MI N THE ADDITIONAL SIGN SHALL CLEARLY STATE IN LETTERS WITH A MINIMUM HEIGHT OF 1 INCH THE FOLLOWING: "UNAUTHORIZED VEHICLES PARKED IN DESIGNATED ACCESSIBLE SPACES NOT DISPLAYING DISTINGUISHING PLACARDS OR SPECIAL LICENSE PLATES ISSUED FOR PERSONS WITH DISABILITIES WILL BE TOWED AWAY A THE OWNER'S EXPENSE. TOWED VEHICLES MAY BE RECLAIMED AT: ________________ OR BY TELEPHONING: ________________." ACCESSIBILITY DIRECTIONAL SYMBOL 9'-0" M I N 8' 17' NOPAR K I N G 18'-0 " @ 9 0 ° P A R K I N G 20'-0 " D I A G O N A L P A R K I N G 36" 36 " NOTE: EACH ACCESSIBLE CAR AND VAN SPACE SHALL HAVE SURFACE IDENTIFICATION INTERNATIONAL SYMBOL OF ACCESSIBILITY COLORED IN WHITE ON A BLUE BACKGROUND. THE BLUE SHALL BE COLORED NO. 15090 IN FEDERAL STANDARD 595B. THE CENTERLINE OF THE INTERNATIONAL SYMBOL OF ACCESSIBILITY SHALL BE A MAXIMUM OF 6 INCHES FROM THE CENTERLINE OF THE PARKING SPACE, IT'S SIDES PARALLEL TO THE LENGTH OF THE PARKING SPACE AND ITS LOWER CORNER, AT OR LOWER SIGN ALIGNED WITH, THE END OF THE PARKING SPACE. (N)TOC 10 ' - 6 " R E F 12" CLR FOR VENTILATION 11 ' 7' 6" 6" (E)TOG 1 ENLARGED AREA OF WORK PLAN, SCALE: 1" = 3-0" SP2 ENLARGED AREA OF WORK, ELEVATIONS & DETAILS N ACCESS AISLES SHALL BE MARKED WITH A BLUE PAINTED BORDERLINE AROUND THEIR PERIMETER. THE AREA WITHIN THE BLUE BORDERLINES SHALL BE MARKED WITH HATCHED LINES A MAXIMUM OF 36 INCHES ON CENTER IN COLOR CONTRASTING WITH THAT OF THE AISLE SURFACE, PREFERABLY BLUE OR WHITE. THE WORDS "NO PARKING" SHALL BE PAINTED ON THE SURFACE WITHIN EACH ACCESS AISLES IN WHITE LETTERS A MINIMUM OF 12 INCHES IN HEIGHT AND LOCATED TO BE VISIBLE FROM THE ADJACENT VEHICULAR WAY. ACCESS AISLES MARKING MARKINGS MAY EXTEND BEYOND THE MINIMUM REQUIRED LENGTH. ACCESS AISLES SHALL NOT OVERLAP THE VEHICULAR WAY AND SHALL BE PERMITTED TO BE PLACED ON EITHER SIDE OF THE PARKING SPACE EXCEPT FOR VAN PARKING SPACES WHICH SHALL HAVE ACCESS AISLES LOCATED ON THE PASSENGER SIDE OF THE PARKING SPACES. A CURB OR WHEEL STOP SHALL BE PROVIDED IF REQUIRED TO PREVENT ENCROACHMENT OF VEHICLES OVER THE REQUIRED CLEAR WIDTH OF ADJACENT ACCESSIBLE ROUTES. MAX SLOPE OF PARKING SURFACE SHALL NOT EXCEED 2% IN ANY DIRECTION. THE PARKING SPACE SHALL BE OUTLINED OR PAINTED BLUE ADA PARKING STANDARDS THE PARKING STANDARDS SHALL BE IN COMPLIANCE WITH 2010 ADA STANDARDS FOR ACCESSIBLE DESIGN AND 2019 CBC 11B DIVISION 5 2 (N) TANK ELEVATION, SCALE: 1" = 3'-0" 2 - KEYNOTES EXISTING (E), NO CHANGE BY OTHERS, NIC NEW (N) REFER TO STRUCTURAL DRAWINGS 1E PROPERTY LINE 1N TANK: 9,000-GALLON LIN 2E PARKING 2N CONCRETE PAD 3E ACCESSIBLE PARKING SPACE 3N BOLLARD 4E PATH OF TRAVEL 4N CORRUGATED STEEL FENCE 5E DRIVEWAY 5N DOOR, BY OTHERS, NIC 6E BUILDING 6N SLIDING GATE, BY OTHERS, NIC 7E TRANSFORMER 8E REFUSE ENCLOSURE 9E 6' FENCE & GATE 10E CURB 3N 2N 3N 1N 2N 4N (E) SUBBASE 9E 10E 10E 1N 4N COLUMN CL TYP 6N 5N 6N (N) SECURITY BARS Packet Page 1571 ATTACHMENT A2 RESOLUTION 2024-034 Packet Page 1572 RESOLUTION NO. 2024-034-PC 1 RESOLUTION NO. 2024-034-PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN BERNARDINO CALIFORNIA, APPROVING APPEAL 24-05 THEREBY OVERTURNING THE COMMUNITY DEVELOPMENT AND HOUSING DEPARTMENT’S APPROVAL OF AMENDMENT TO CONDITIONS OF APPROVAL 23-01 FOR ADMINISTRATIVE DEVELOPMENT PERMIT 22-020, RE-INSTATING DELETED CONDITIONS OF APPROVAL NUMBERS 20 (TWENTY) THROUGH 26 (TWENTY-SIX) FOR THE PROPERTY LOCATED AT 379 E. INDUSTRIAL ROAD LOCATED ON 0.83 ACRES (APN: 0141-581-03) LOCATED WITHIN THE INDUSTRIAL LIGHT (IL) ZONE, WARD 3. WHEREAS, on September 4, 2024, pursuant to the requirements of Section 19.44.020 (Administrative and Development Permits-Applications) of the City of San Bernardino Development Code, an application for Appeal 24-05 was duly submitted by: Appellant: Waterman Business Center Association 328 E. Commercial Road #107 San Bernardino, CA 92408 APN: 0141-581-03 Lot Area: 0.83 acres WHEREAS, Appeal 24-05 is a request to appeal the Community Development and Housing Department’s approval of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020, in which conditions of approval numbers 20 (twenty) through 26 (twenty-six) were deleted from the original Administrative Development Permit 22- 020; for the property known as 379 E. Industrial Road located on 0.83 acres (APN: 0141-581-03) located within the Industrial Light (IL) zone, Ward 3; and WHEREAS, On July 22, 2022, the original approval for Administrative Development Permit 22-020 was issued to Adesa International and involved the installation of an approximately 9,000-gallon nitrogen tank which would be utilized in conjunction with the packaging of Adesa International frozen foods; this approval included Conditions of Approval numbers 20-26; and WHEREAS, on July 20, 2023, planning staff amended and deleted Conditions of Approval 20 through 26 from the original Administrative Development Permit 22-020 with Amendment to Conditions 23-01;and WHEREAS, On July 24, 2023, The Waterman Business Center Association sent a letter requesting an Appeal of Amendment to Conditions of Approval 23-01 specifically related to the deletion of Conditions of Approval # 20 - #26; and Packet Page 1573 RESOLUTION NO. 2024-034-PC 2 WHEREAS, On September 4, 2024 The Waterman Business Center Association formally files Appeal 24-05 of Amendment to Conditions 23-01 for Administrative Development Permit 22-020; and WHEREAS, the Planning Division Staff have reviewed of Amendment to Conditions 23- 01 for Administrative Development Permit 22-020 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and WHEREAS, on September 28, 2024, pursuant to the requirements of Section 19.52.020 (Hearings and Appeals-Application Processing) of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and by mailing notices to the property owners and tenants within 1,000 feet of the subject property of the holding of a public hearing at which Appeal 24-05 of Amendment to Conditions 23-01 for Administrative Development Permit 22-020 would be considered; and WHEREAS, on October 8, 2024 pursuant to the requirements of Sections 19.52.040 (Hearings and Appeals-Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission held a duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Appeal 24-05 of Amendment to Conditions 23-01 for Administrative Development Permit 22-020; WHEREAS, at the duly noticed public hearing of the City of San Bernardino Planning Commission, staff requested a continuance to the duly noticed Planning Commission meeting of November 12, 2024 in which the request was granted; and WHEREAS, pursuant to the requirements of Chapter 19.44 (Administrative and Development Permits) of the City of San Bernardino Development Code, the Planning Commission has the authority to act on Appeal 24-05 of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020. NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby resolve, determine, find, and order as follows: SECTION 1. ENVIRONMENTAL DETERMINATION: Being the decision-making body for the project, the Planning Division reviewed and considered the information contained in the administrative record for the initial approval of Administrative Development Permit 22-020. Based upon the facts and information contained in the administrative record including all written and oral evidence presented to the Planning Division finds as follows: 1. The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines, and 2. The proposed project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines; and Packet Page 1574 RESOLUTION NO. 2024-034-PC 3 3. The application of the categorical exemption is not barred by one of the exceptions set forth in the State CEQA Guidelines Section 15300.2; and 4. The determination of State CEQA exemption reflects the independent judgment of the Planning Division. SECTION 2. CONDITIONS OF APPROVAL FOR ORIGINAL SUPPORT OF ADMINISTRATIVE DEVELOPMENT PERMIT 22-020: Based upon the comprehensive review and evaluation, as required by Chapter 19.44 of the City of San Bernardino Development Code, Administrative Development Permit 22-020 was approved subject to the following Conditions of Approval: 1. This Administrative Development Permit is an approval to allow the installation of a nine thousand (9,000) gallon liquid nitrogen tank and equipment enclosure ancillary to the existing industrial building. The project site is located at 379 E. Industrial Road (APN:0141-581-03), within the Industrial Light (IL) Zone. 2. Within two (2) years of the Administrative Development Permit approval, commencement of construction shall have occurred, or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one (1) year, then the permit/approval shall become null and void. However, approval of the Administrative Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval. 3. The site shall be developed and maintained in accordance with the approved plans stamped June 22, 2022 approved by the City, which includes a site plan, on file in the Planning Division; the conditions contained herein; and, the City’s Municipal Code regulations. EXPIRATION DATE: June 22, 2024 4. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 5. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. Packet Page 1575 RESOLUTION NO. 2024-034-PC 4 6. The applicant further agrees to reimburse the City for any costs and attorneys’ fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. 7. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as “Attorney’s fees” for the purpose of this condition. As part of the consideration for issuing this Administrative Development Permit, this condition shall remain in effect if the Administrative Development Permit is rescinded or revoked, whether or not at the request of applicant. 8. The project shall comply with all applicable requirements of the Building and Safety Division, Fire Department, Police Department, Municipal Water Department, Public Services Department, and the City Clerk’s Office/Business Registration Division. 9. If the color or architecture of the building is proposed to be modified in the future, the revised color scheme and architecture shall be submitted to the Planning Division prior to any modification of the building exterior, for evaluation for substantial conformance to the approved plans. 10. Minor Modification to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification which exceeds ten percent (10%) of allowable measurable design/site considerations shall require the refilling of the original application. 11. The property owner(s), facility operator and property management will be responsible for regular maintenance of the site. The site shall be maintained in a clean condition and free of litter and any other undesirable material(s). Vandalism, graffiti, trash and other debris must be removed within 24 hours of being reported. 12. The applicant/owner shall maintain all existing landscaping in the parking lot and setbacks in a weed and disease-free condition at all times and any dead or missing vegetation must be promptly replaced. 13. Signs are not approved as part of this permit. Prior to establishing any new signs or replacing existing signs, the applicant shall apply and receive approval for a Sign Permit from the Planning Division. Signs painted on the buildings are prohibited. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 14. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval printed on the plan sheets. 15. A concrete washout shall be provided for the proposed project. 16. All Conditions of Approval shall be completed prior to final inspection and sign-off. 17. All new construction shall require permits prior to commencement. Packet Page 1576 RESOLUTION NO. 2024-034-PC 5 18. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7:00 am or leave the site after 8:00 pm. Construction activities may only occur Monday through Friday. 19. All new construction shall be confirmed with the San Bernardino County Fire Department. Please contact San Bernardino County Fire Department Fire Prevention, located at 200 E. 3rd Street, San Bernardino, CA 92410 regarding all and/or any submittal requirements regarding new construction via phone at (909) 918-2200. The project shall comply with all applicable requirements of the Building and Safety Division, Fire Department, Police Department, Municipal Water Department, Public Services Department, and the City Clerk’s Office/Business Registration Division. 20. Applicant shall ensure that all its vehicles and those of its employees and visitors park only on the 379 E Industrial Road lot and do not park on any other owner’s property without a written agreement in place with that owner. 21. Bobtail and semi-trucks will park, load, and unload only in the areas designated on Exhibit A. Applicant will limit semi-trucks access/egress to and from the lot to between the hours of 9:00 pm and 6:00 am. No semi-trucks will park on site outside of these hours. 22. Applicant agrees to screen the Liquid Nitrogen Tank in accordance with the plans approved by WBCA and the metal screening material will be painted to match the main building field color of 379 E Industrial Building. 23. Applicant agrees to install and maintain landscaping (including proper irrigation) to screen views from adjacent property in accordance with the plans to be approved by WBCA. 24. Applicant agrees to properly and promptly dispose of all waste to minimize odors and pests 25. No utility lines will be mounted on the exterior of the building. 26. The storm drain trench (which is WBCA property) is to remain undisturbed before, during and after construction. The storm drain flow of the lot will be maintained and not altered. 27. In addition to these conditions, WBCA is requiring proper notice (minimum 3 business days) and insurance before starting construction over, near, under, around the fire water main that runs through the proposed construction area. Public Works Conditions a. For the streets listed below, dedication of adequate street right-of-way (R.W.) per the General Plan and Municipal Code shall provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Packet Page 1577 RESOLUTION NO. 2024-034-PC 6 Street Name Dedication of Right of Way (ft.) from centerline Curb Line(ft) Industrial Parkway (0141-581-03-0000) 30’ Existing No Dedication “Local Industrial” Per General Plan 19’+/- Existing None-Proposed b. Industrial Road-TI=5.5: i) Placement of the tank shall not be within the existing or any future rights- of-way. ii) The existing curb & gutter, sidewalk, and/or driveway fronting the site are in fair condition, if any curb & gutter panels, or sidewalk panels are lifted, cracked, or do not meet current ADA requirements, each of the panels shall be replaced per city standards. Install Sidewalk in missing areas of the frontage. iii) Construct Commercial Driveway Approach per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Minimum Width is 26’. No Driveways closer than 100’ from BCR/ECR as directed by the City Engineer. iv) When replacing/reconstructing curb and gutter panels, construct 8" Curb and Gutter per City Standard No. 200, type “B”. v) If Replacing or reconstructing Sidewalk panels construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb). vi) Survey Monuments and ties shall be placed, replaced, tied out and recorded at any corner or alignment changes that are adjacent to the project area in accordance with California Land Surveyors Association – Monument Preservation Guidelines, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering. * A Scoping Form is required, this form shall indicate the need of a Traffic Report, the results of the traffic report shall become conditions of this project which may increase or extend the above requirements in section 1(b) and 5(a). * These Conditions are set for an estimated construction with-in two years. If construction exceeds two years from DERC Approval these conditions shall be reviewed and updated as needed. A second copy of the drainage report will be delivered to public works, if offsite or overflow storm drain systems are identified, all systems shall be identified on the street improvement plans, and public storm drain shall be on a separate set of plans. c. City approved trash screens and filtration devices shall be installed in all catch basins or manhole connections. d. A temporary construction encroachment permit from Public Works Department shall be required for utility cuts into existing streets or any work within City’s right- of-way. Packet Page 1578 RESOLUTION NO. 2024-034-PC 7 Pavement restoration or trench repair shall be in conformance with City Standard No. 310. Public facilities shall be restored or constructed back to Public Works Department satisfaction. e. Any pavement work affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. f. The applicant must post a performance bond prior to issuance of the off-site permit. The amount of the bond is to be determined by Public Works Department. g. The above conditions shall comply with current codes and policies at time of construction. h. The above conditions shall comply with current codes, policies, and standards at time of construction. i. Prior to a Certificate of Occupancy or Completion of Project all As-builts shall be submitted to Public Works. 28. Required Engineering Plans a. A complete submittal for plan checking shall consist of: ▪ Street improvement plans (may include streetlight or street lighting may be separate plans). ▪ Signing and striping plan (may be on sheets included in street improvement plan ▪ On-site improvement plans and landscaping and irrigation, ▪ Lighting (on-site lighting may be included in on-site improvement plan or may be on a separate stand-alone plan). ▪ CFD’s are required, the CFD Plans shall include Landscaping, Irrigation, Basins, etc. items that are included in the CFD that are not listed in the plans above, shall be on separate sheets included in the street improvement plans. ▪ Other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. ▪ All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations). b. Copies of the City’s design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at http://www.sbcity.org. c. All off-site improvement plans submitted for plan check shall be prepared on the City’s standard 24” x 36” sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. d. After completion of plan checking, final Mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer and/or Building Official for approval. Packet Page 1579 RESOLUTION NO. 2024-034-PC 8 e. Electronic files of all improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2021 and include a .dxf file of the project. Files shall be on CD and shall be submitted at the same time the final mylar drawings are submitted for approval. 29. Required Engineering Permits a. On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. b. Off-site improvement construction permits. c. WQMP/Hydrology (THR) (if applicable) d. CFD/Street Dedication Permit (if applicable) e. Traffic Control and ROW Permits (if applicable) 30. Applicable Engineering Fees a. The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org b. All plan check: permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. c. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. 31. Traffic Requirements a. All Traffic mitigation measures shall be implemented according to the recommendations of the City Traffic Engineer prior to Street Improvement plan. 32. Integrated Waste Management a. During demolition and/or construction, services are to be provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. b. The site plan dated November 22, 2021, identifies the installation of a 9,000-gallon liquid nitrogen tank and equipment enclosure at an existing building located at 379. E. Industrial Road. c. Burrtec Waste’s review of the site plan identifies a proposed nitrogen storage tank located east of the existing refuse enclosure serving the property. The enclosure is currently accessed by a looped driveway. Based on the information provided, the project tank and enclosure will not impact Burrtec’ s ability to service the existing refuse enclosure. Any changes to the overall design, enclosure specifications or location, or access may adversely impact Burrtec’ s ability to service the project. Any design modification that could impact Burrtec’ s service will be subject to review by Burrtec. Packet Page 1580 RESOLUTION NO. 2024-034-PC 9 Burrtec’ s review of this project is limited to determining whether it meets Burrtec’ s minimum standards for waste and recycling collection services. Any comments or approvals by Burrtec are limited to these minimum standards as they relate to equipment and personnel and do not pertain to the project’s compliance with applicable federal, state and local land use and environmental laws, building codes or other applicable government regulations. Any approvals by Burrtec do not warrant or represent that Burrtec accepts any liability relative to the performance of waste and recycling collection services within this project. d. Contact the Building & Safety Division to determine ADA accessibility requirements. Modifications made to refuse enclosures to meet ADA accessibility requirements shall not decrease the minimum clear interior dimensions needed for the container storage area. e. Refuse enclosures within five (5) feet of combustible construction shall install an automatic fire sprinkler as approved by the Building & Safety Division and the San Bernardino County Fire Department. (See City Standard Plan 508). f. Refuse enclosure roofs shall be a minimum of eight (8) feet high interior at its lowest point, with minimal front protrusions that can be damaged during container servicing and must extend over any open side or the rear of the refuse enclosure by at least six (6) inches or as approved by the City. g. Burrtec Waste Truck Turning Radius – All corners and intersections on streets and driveways leading to refuse enclosures shall have a turning radius adequate for a 35-foot long, three-axle collection truck. The minimum inside curb radius shall be at least 28 feet. The minimum outside curb radius shall be at least 42 feet. All streets and driveways shall comply with applicable City standards. Burrtec Waste’s truck turning template may be obtained from the Public Works Department in PDF and CAD. h. Vertical and Horizontal Clearances – The minimum vertical clearance for collection trucks along the entire route to the refuse enclosure is fifteen (15) feet. The minimum vertical clearance in front of the refuse enclosure where the truck will empty the container shall be twenty-six (26) feet. The clear height shall be free of building overhangs, trees, and utility lines. The minimum horizontal clearance along the entire route to an enclosure is 12 feet. i. Hammerhead Turnarounds – Shall meet or exceed San Bernardino County Fire Protection District Diagram A-1.12: Hammerhead Turnaround Detail dated July 1, 2021. San Bernardino County Hammerhead detail may be obtained from the Public Works Department. j. If gated, access shall be provided by means of a key, code, or remote. k. Assembly Bill 341 Mandatory Commercial Recycling may apply. l. Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply. Packet Page 1581 RESOLUTION NO. 2024-034-PC 10 m. Senate Bill 1383 Short-Lived Climate Pollutants Reduction Act may apply. n. Upon completion, service is provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. 111 E. Mill Street, San Bernardino, CA 92408 (909) 804-4222. San Bernardino Consolidated Fire District 31. All conditions set forth by the County of San Bernardino Fire Department shall be followed. End of Conditions of Approval SECTION 4. PLANNING COMMISSION ACTION: The Planning Commission hereby takes the following action: 1. Adopt Planning Commission Resolution No.2024-034: a. Finding that the environmental impacts of this project were previously analyzed under the Categorical Exemption adopted on July 22, 2022 in conjunction with Administrative Development Permit 22-020; and b. Approving Appeal 24-05 of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020, re-instating Conditions of approval numbers 20 through 26, based on the finding of fact, CEQA determination, and subject to the Conditions of Approval. SECTION 5. SEVERABILITY: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. CUSTODIAN OF RECORDS The location and custodian of the documents and any other material, which constitute the record of proceedings upon which the Development/Environmental Review Committee based its decision, is as follows: Genoveva Rocha, City Clerk, 201 North E Street (Building A), (909) 384- 5002. Packet Page 1582 RESOLUTION NO. 2024-034-PC 11 PASSED, APPROVED, AND ADOPTED this 12th day of November 2024. _________________________________ Lisa Sherrick, Chairperson San Bernardino Planning Commission ATTEST: _______________________________________ Gabriel Elliott, Planning Commission Secretary City of San Bernardino, California CERTIFICATION: I, Alyssa Blancas Recording Secretary of the Planning Commission of the City of San Bernardino, California, do hereby certify that the foregoing Resolution No. 2024-034 was duly adopted by the Planning Commission of the City of San Bernardino, California, at a regular meeting thereof held on the 12th day of November 2024 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ____________________________________ Alyssa Blancas, Recording Secretary City of San Bernardino, California Packet Page 1583 RESOLUTION NO. 2024-034-PC 12 EXHIBIT “A” APPROVED PLANS Packet Page 1584 96.49' 23 1 . 4 4 ' 184.30' E INDUSTRIAL RD 30 ' ±24'-1"± 21 ' ± 63'± 8. 5 ' TY P 23 ' - 3 " ± ℄ 49.46'± 21 1 . 7 2 ' ± IN S T A L L A T I O N O F 9 , 0 0 0 - G A L L I N T A N K AN D E N C L O S U R E Ad e s a I n t e r n a t i o n a l LO C A T I O N SGE JOB No. 521.073.422 May 20, 2022 TEL. (949) 552-5244 FAX (949) 552-5243 S. GORDIN STRUCTURAL DESIGN 2081 Business Ctr Dr., Ste. 105, Irvine, CA 92612 & ENGINEERING SERVICES (SGE), INC. 37 9 E I n d u s t r i a l R d , S a n B e r n a r d i n o , C A 9 2 4 0 8 ADESA INTERNATIONAL November 22, 2021DATE: REVISIONS TOTAL SITE PLAN SHEETS - 2 DESIGNED BY APPROVED BY JT VSG THESE PLANS WERE DEVELOPED RESTRICTIVELY FOR USE ON THE STRUCTURES AND BY PERSONS/COMPANY AS SPECIFIED IN THE TITLE BLOCK. ANY OTHER USE (INCLUDING, BUT NOT LIMITED TO, DISSEMINATION AND COPYING) OF THESE PLANS OR ANY USE OF THE PLANS BY ANY PARTY OR PARTIES OTHER THAN THE ONES SPECIFIED IN THE TITLE BLOCK, ARE STRICTLY PROHIBITED UNLESS UNDER A WRITTEN PERMISSION BY SGE. CLIENT PRACTICAL SOLUTIONS 15233 VANADA RD, LA MIRADA, CA 90638 ATTENTION: REFER TO LIST OF REVISIONS ON THIS SHEET: THE RELEASE OF THIS DRAWING WITH THE LATEST REVISION NUMBER AND DATE SUPERSEDES AND VOIDS ALL DOCUMENTS PREVIOUSLY ISSUED BY SGE FOR THE SUBJECT SITE. NVICINITY MAP DRAWING INDEX SP1 SITE PLAN, NOTES & PROJECT INFORMATION SP2 ENLARGED AREA OF WORK, ELEVATIONS & DETAILS S1 STRUCTURAL LAYOUT, NOTES & DETAILS S2 STRUCTURAL DETAILS S3 ENCLOSURE DETAILS KEYNOTES EXISTING (E), NO CHANGE BY OTHERS, NIC NEW (N) REFER TO STRUCTURAL DRAWINGS 1E PROPERTY LINE 1N TANK: 9,000-GALLON LIN 2E PARKING 2N CONCRETE PAD 3E ACCESSIBLE PARKING SPACE 3N BOLLARD 4E PATH OF TRAVEL 4N CORRUGATED STEEL FENCE 5E DRIVEWAY 5N DOOR, BY OTHERS, NIC 6E BUILDING 6N SLIDING GATE, BY OTHERS, NIC 7E TRANSFORMER 8E REFUSE ENCLOSURE 9E 6' FENCE & GATE 10E CURB 1 - SP1 SITE PLAN, NOTES & PROJECT INFORMATION PROJECT SITE 20 0 20 401SITE PLAN FOR REFERENCE ONLY 5E 1E FTFTFT CONSTRUCTION NOTES 1. GENERAL CONSIDERATIONS A. ALL WORK SHALL BE PERFORMED IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF THE LOCAL, STATE, AND NATIONAL CODES, AS WELL AS WITH THE PRINCIPLES OF GOOD CONSTRUCTION PRACTICE. B. DURING THE CONSTRUCTION PERIOD THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE SAFETY (INCLUDING FIRE SAFETY) OF THE NEW, AS WELL AS EXISTING, STRUCTURES. THE CONTRACTOR SHALL PROVIDE ADEQUATE SHORING, BRACING, AND GUYS IN ACCORDANCE WITH ALL NATIONAL, STATE, AND LOCAL SAFETY ORDINANCES. THAT RESPONSIBILITY SHALL APPLY CONTINUOUSLY AND SHALL NOT BE LIMITED TO NORMAL WORKING HOURS. ANY DEVIATION FROM SUCH ORDINANCES MUST BE REVIEWED AND APPROVED BY SGE PRIOR TO CONSTRUCTION. C. THE CONTRACTOR SHALL THOROUGHLY REVIEW THE PLANS AND CHECK ALL DIMENSIONS PRIOR TO COMMENCING THE WORK. ALL DISCREPANCIES SHALL BE CALLED TO THE ATTENTION OF SGE AND RESOLVED BEFORE PROCEEDING WITH THE WORK. D. THE CONTRACTOR SHOULD NOT PROCEED WITH CONSTRUCTION IN CASE OF CONFLICT(S) BETWEEN THE DETAILS, AND/OR BETWEEN THE DETAILS AND PLANS, AND/OR BETWEEN THE PLANS AND SCHEDULES. THE CONSTRUCTION SHALL RESUME ONLY UPON THE FULL RESOLUTION OF SUCH CONFLICT BY SGE. E. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE RESTORATION OF WORKING CONDITION OF ALL EXISTING COMPONENTS AND STRUCTURES AFFECTED BY THIS CONSTRUCTION. THE CONTRACTOR SHALL CONSTANTLY KEEP THE AREA OF CONSTRUCTION FROM ACCUMULATION OF WASTE MATERIALS AND DEBRIS. F. AT THE END OF EACH DAY OF CONSTRUCTION ACTIVITY, ALL CONSTRUCTION DEBRIS AND WASTE MATERIALS SHALL BE COLLECTED AND PROPERLY DISPOSED IN TRASH OR RECYCLE BINS. AT THE END OF WORK, THE CONTRACTOR SHALL REMOVE ALL WASTE, SURPLUS MATERIAL, TOOLS, AND EQUIPMENT. G. THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONJUNCTION WITH THIS PROJECT EXCEPT FOR LIABILITY RISING FROM THE SOLE NEGLIGENCE OF THE ENGINEER. H. DO NOT SCALE THESE DRAWINGS. WRITTEN DIMENSIONS TAKE PRECEDENCE OVER ASSUMED OR SCALED DIMENSIONS. I. ALL DIMENSIONS ARE TO FACE OF FINISHED SURFACES. LAYOUT OF STRUCTURES AND FOUNDATIONS MUST BE DETERMINED BY EXAMINATION OF PLANS AND FINISH MATERIALS SELECTED AND SHALL NOT BE ASSUMED AS BEING EXPRESSED BY THE WRITTEN FINISHED SURFACE DIMENSIONS. J. SITE DRAWINGS ARE BASED UPON THE PLANS OBTAINED FROM THE AUTHORITY HOLDING JURISDICTION (AHJ), AND/OR PROVIDED BY THE PROPERTY OWNER, AND/OR AVAILABLE AERIAL IMAGES. UNLESS NOTED OTHERWISE, NO TOPOGRAPHIC, BOUNDARY, OR LAND TITLE SURVEY WAS PERFORMED FOR THE PROJECT. 2. STORMWATER, EROSION, AND ENVIRONMENTAL CONSIDERATIONS ALL CONSTRUCTION WORK SHALL FULLY COMPLY WITH ALL STORMWATER, EROSION, GRADING, AND ENVIRONMENTAL REQUIREMENTS OF THE LOCAL, STATE AND FEDERAL CODES - INCLUDING (BUT NOT LIMITED TO) THE FOLLOWING: A. ALL CONSTRUCTION CONTRACTOR AND SUBCONTRACTOR PERSONNEL ARE TO BE MADE AWARE OF, AND COMPLY WITH, THE AUTHORITY HOLDING JURISDICTION (AHJ) BEST MANAGEMENT PRACTICES (BMP) AND GOOD HOUSEKEEPING MEASURES FOR THE PROJECT SITE AND ANY ASSOCIATED CONSTRUCTION STAGING AREAS. B. APPROPRIATE BMP FOR CONSTRUCTION-RELATED MATERIALS, WASTES, AND SPILLS SHALL BE IMPLEMENTED TO MINIMIZE TRANSPORT FROM THE SITE TO STREETS, DRAINAGE FACILITIES, OR ADJOINING PROPERTY BY WIND OR RUNOFF. C. CONSTRUCTION SITES SHALL BE MAINTAINED IN SUCH A CONDITION THAT AN ANTICIPATED STORM DOES NOT CARRY WASTES OR POLLUTANTS OFF THE SITE. DISCHARGES OF MATERIAL OTHER THAN STORMWATER ARE ALLOWED ONLY WHEN NECESSARY FOR PERFORMANCE AND COMPLETION OF CONSTRUCTION PRACTICES AND WHERE THEY DO NOT: (A) CAUSE OR CONTRIBUTE TO A VIOLATION OF ANY WATER QUALITY STANDARD; (B) CAUSE OR THREATEN TO CAUSE POLLUTION, CONTAMINATION, OR NUISANCE; AND/OR (C) CONTAIN A HAZARDOUS SUBSTANCE IN A QUANTITY REPORTABLE UNDER FEDERAL REGULATIONS CFR PARTS 117 AND 302. D. RUNOFF FROM EQUIPMENT AND VEHICLE WASHING SHALL BE CONTAINED AT CONSTRUCTION SITES UNLESS TREATED TO REDUCE OR REMOVE SEDIMENT OR OTHER POLLUTANTS. E. POTENTIAL POLLUTANTS INCLUDE, BUT ARE NOT LIMITED TO: SOLID OR LIQUID CHEMICAL SPILLS; WASTES FROM PAINTS, STAINS, SEALANTS, GLUES, LIMES, PESTICIDES, HERBICIDES, WOOD PRESERVATIVES AND SOLVENTS; ASBESTOS FIBERS, PAINT FLAKES OR STUCCO FRAGMENTS; FUELS, OILS, LUBRICANTS, AND HYDRAULIC, RADIATOR OR BATTERY FLUIDS; FERTILIZERS, VEHICLE/EQUIPMENT WASH WATER AND CONCRETE WASH WATER; CONCRETE; DETERGENT OR FLOATABLE WASTES; WASTES FROM ANY ENGINE/ EQUIPMENT STEAM CLEANING OR CHEMICAL DEGREASING AND SUPERCHLORINATED POTABLE WATER LINE FLUSHING. F. DURING CONSTRUCTION, THE DISPOSAL OF SUCH MATERIALS SHALL OCCUR IN A SPECIFIED AND CONTROLLED TEMPORARY AREA ON-SITE PHYSICALLY SEPARATED FROM STORMWATER RUNOFF, WITH ULTIMATE DISPOSAL IN ACCORDANCE WITH LOCAL, STATE AND FEDERAL REQUIREMENTS. G. DEWATERING OF CONTAMINATED GROUND WATER OR DISCHARGING OF CONTAMINATED SOILS VIA SURFACE EROSION IS PROHIBITED. DEWATERING OF NON-CONTAMINATED GROUND WATER REQUIRES A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT FROM THE RESPECTIVE STATE REGIONAL WATER QUALITY BOARD. H. SEDIMENT FROM AREAS DISTURBED BY CONSTRUCTION SHALL BE RETAINED ON SITE USING STRUCTURAL CONTROLS TO THE MAXIMUM PRACTICAL EXTENT. I. STOCKPILES OF SOIL SHALL BE PROPERLY CONTAINED TO MINIMIZE SEDIMENT TRANSPORT FROM THE SITE TO STREETS, DRAINAGE FACILITIES OR ADJACENT PROPERTIES VIA RUNOFF, VEHICLE TRACKING, OR WIND. J. GRADED AREAS ON THE PERMITTED AREA PERIMETER MUST DRAIN AWAY FROM THE FACE OF THE SLOPES AND TOWARD DESILTING FACILITIES AT THE CONCLUSION OF EACH WORKING DAY. K. THE PERMITTEE AND THE CONTRACTOR SHALL BE RESPONSIBLE AND SHALL TAKE THE NECESSARY PRECAUTIONS TO PREVENT PUBLIC TRESPASS ONTO AREAS WHERE IMPOUNDED WATER CREATES A HAZARDOUS CONDITION. L. THE PERMITTEE AND THE CONTRACTOR SHALL ENSURE THAT THE EROSION CONTROL WORK IS IN ACCORDANCE WITH THE APPROVED PLANS. 3. ACCESSIBILITY CONSIDERATIONS AN ACCESSIBLE ROUTE (PATH OF TRAVEL) FROM THE AREA OF WORK TO THE BUILDING ENTRY, TOILET ROOMS, AND ACCESSIBLE PARKING SHALL FULLY COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE BUILDING CODE AND AJH. THESE REQUIREMENTS INCLUDE (BUT ARE NOT LIMITED TO) THE FOLLOWING: A. PATH OF TRAVEL SHALL BE ESTABLISHED ALONG THE SHORTEST POSSIBLE ACCESSIBLE ROUTE FROM THE ACCESSIBLE PARKING TO THE BUILDING ENTRANCE AND DESIGNATED WITH CODE-COMPLIANT SIGNAGE. B. ANY OBSTRUCTION THAT OVERHANGS THE PATH OF TRAVEL SHALL BE A MINIMUM OF 80” ABOVE THE WALKING SURFACE AS MEASURED FROM THE BOTTOM OF THE OBSTRUCTION. C. WALKS AND SIDEWALKS SHALL BE A MINIMUM OF 48” WIDE EXCEPT AT DOORS WHERE WIDENED LEVEL AREAS SHALL BE PROVIDED. THE WIDENED LEVEL AREAS SHALL NOT BE LESS THAN 60” SQUARE AT A DOOR OR GATE THAT SWINGS TOWARD THE WALK, AND NOT LESS THAN 48” WIDE BY 44” DEEP AT A DOOR OR GATE THAT SWINGS AWAY FROM THE WALK. D. THE SLOPE OR WALKING SURFACES OF ACCESSIBLE ROUTES SHALL NOT EXCEED 5% ALONG THE DIRECTION OF TRAVEL AND 2% ACROSS THAT DIRECTION. E. ABRUPT CHANGES IN LEVEL ALONG ANY ACCESSIBLE ROUTE SHALL NOT EXCEED ½” UNLESS BEVELED WITH A SLOPE OF 50% MAXIMUM. CHANGES IN LEVEL NOT EXCEEDING ¼” MAY BE VERTICAL. F. WALKING SURFACES ON AN ACCESSIBLE ROUTE SHALL BE FREE OF GRATINGS WHENEVER POSSIBLE. GRATINGS LOCATED IN THE SURFACE OF ANY OF THESE AREAS SHALL HAVE GRID OPENINGS MEASURING MAXIMUM ½” IN THE DIRECTION OF TRAFFIC FLOW. G. FLOOR AND GROUND SURFACES SHALL BE STABLE, FIRM, AND SLIP RESISTANT. IF CARPET OR CARPET TILE IS USED IN A COMMON-USE AREA OR PUBLIC-USE AREA ON A GROUND OR FLOOR SURFACE, IT SHALL HAVE FIRM BACKING OR NO BACKING. CARPET OR CARPET TILE SHALL HAVE A LEVEL LOOP, TEXTURED LOOP, LEVEL CUT PILE, OR LEVEL CUT/UNCUT PILE TEXTURE WITH MAXIMUM PILE HEIGHT OF ½”. EXPOSED EDGES OF CARPET SHALL BE FASTENED TO FLOOR SURFACES AND HAVE TRIM ALONG THE ENTIRE LENGTH OF THE EXPOSED EDGE. H. ALL DOOR MATS SHALL BE RECESSED AND ADEQUATELY ANCHORED TO PREVENT INTERFERENCE WITH WHEELCHAIR TRAFFIC. I.ALL LEVEL AREAS AT EXIST DOORS SHALL HAVE MINIMUM LENGTHS OF 60” IN THE DIRECTION OF THE DOOR SWING AND 44” IN THE OPPOSITE DIRECTION - AS MEASURED AT RIGHT ANGLES TO THE PLANE OF THE DOOR IN ITS CLOSED POSITION. J. ALL DOORS SHALL PROVIDE A MINIMUM CLEAR WIDTH OF 32” AND HEIGHT OF 80”. CLEAR OPENINGS OF DOORWAYS WITH SWINGING DOORS SHALL BE MEASURED BETWEEN THE FACE OF THE DOOR AND THE STOP, WITH THE DOOR OPEN 90 DEGREES. K. OPENINGS MORE THAN 24” DEEP SHALL BE MINIMUM 36” WIDE CLEAR. L. THERE SHALL BE NO PROJECTIONS INTO THE REQUIRED CLEAR OPENING WIDTH LOWER THAN 34” ABOVE THE FINISH FLOOR OR GROUND. PROJECTIONS INTO THE CLEAR OPENING WIDTH BETWEEN 34” AND 80” ABOVE THE FINISH FLOOR OR GROUND SHALL NOT EXCEED 4 INCHES. M. HAND-ACTIVATED DOOR OPENING HARDWARE (LEVER-TYPE HARDWARE, PANIC BARS, PUSH-PULL ACTIVATING BARS OR OTHER HARDWARE DESIGNED TO PROVIDE PASSAGE) SHALL HAVE A SHAPE THAT IS EASY TO GRASP WITH ONE HAND AND DOES NOT REQUIRE TIGHT GRASPING, TIGHT PINCHING OR TWISTING OF THE WRIST TO OPERATE. N. HAND-ACTIVATED DOOR OPENING HARDWARE SHALL BE OPERABLE WITH A SINGLE EFFORT NOT EXCEEDING 8.5 LBS FOR EXTERIOR DOORS, 5 LBS FOR INTERIOR DOORS, AND 15 LBS FOR FIRE DOORS. O. ALL OPERABLE DOOR HARDWARE SHALL BE MOUNTED AT 30” MINIMUM AND 44” MAXIMUM ABOVE THE FINISHED FLOOR. P. SURFACES OF SWINGING DOORS WITHIN THE VERTICAL DISTANCE OF 10” FROM THE FINISH FLOOR SHALL HAVE A SMOOTH SURFACE ON THE PUSH SIDE EXTENDING THE FULL WIDTH OF THE DOOR OR GATE. NOTE: SITE PLAN IS FOR REFERENCE ONLY SGE STAMP ONLY PERTAINS TO THE AREA OF WORK. PROJECT INFORMATION NO CHANGE PROJECT DESCRIPTION INSTALLATION OF A 9,000-GALLON HORIZONTAL LIN TANK CHANGE IN PARKING ჲ NO CHANGE IN FLOOR AREA PROJECT VALUATION TBD PROJECT ADDRESS ჲ 379 E INDUSTRIAL RD, SAN BERNARDINO, CA 92408 PROJECT COORDINATES ჲ 34.0567841 °N, 117.2767049 °W ASSESSOR PARCEL NUMBER ჲ 0141-581-03 ZONING ჲ INDUSTRIAL LIGHT - IL OCCUPANCY ჲ F-2, S-2 CODES 2019 CALIFORNIA BUILDING CODE 2019 CALIFORNIA MECHANICAL CODE 2019 CALIFORNIA PLUMBING CODE 2019 CALIFORNIA ELECTRICAL CODE 2019 CALIFORNIA GREEN BUILDING STANDARDS CODE 2019 CALIFORNIA ENERGY EFFICIENCY STANDARDS 2019 CALIFORNIA FIRE CODE LOT SIZE ჲ 0.83 ACRES BUILDING AREA ჲ 16,237 S.F. BUILDING CONSTRUCTION TYPE ჲ V-B AUTOMATED SPRINKLERS?ჲ YES EXISTING USES WITHIN 100' OF PROPERTY ჲ INDUSTRIAL LIGHT - IL PAVEMENT TYPE ჲ ASPHALT PROJECT TEAM OWNER ALBERTO DE SANTIAGO 1440 VINEYARD AVE, ONTARIO, CA 91761 (949) 975-9412 TENANT ADESA INTERNATIONAL 379 E INDUSTRIAL RD, SAN BERNARDINO, CA 92408 (562) 234-1322 STRUCTURAL ENGINEER SGE CONSULTING STRUCTURAL ENGINEERS 2081 BUSINESS CENTER DR. #105 IRVINE, CA 92612 (949) 552-5244 CONTRACTOR TBD E REDLANDS BLVD S W A T E R M A N A V E E INDUSTRI A L R D E COMMERCIAL RD 10 N 2E 2E 2E 3E 6E 10E 8E AREA OF WORK 1 SP2 ENLARGED 7E 3E 5E 9E 10E 10E 10E 10E 4E 1N 2N 3N 4N 4 PARKING SPACES TO BE REMOVED PARKING ANALYSIS BUILDING 379 USE OF AREA OFFICE INDUSTRIAL - WAREHOUSE/STORAGE FLOOR AREA 2,123 SF OFFICE + 14,114 SF INDUSTRIAL 16,237 SF TOTAL REQUIRED PARKING PER CODE, OFFICE 1 SPACE PER 250 SF REQUIRED PARKING PER CODE, INDUSTRIAL 1 SPACE PER 1,000 SF CALCULATED REQUIRED PARKING, OFFICE 2,123 SF x 1 SPACE = 8.5 SPACES 250 SF 9 PARKING SPACES REQUIRED BASED ON OFFICE AREA PER CODE CALCULATED REQUIRED PARKING, INDUSTRIAL 14,114 SF x 1 SPACE = 14.1 SPACES 1,000 SF 15 PARKING SPACES REQUIRED BASED ON INDUSTRIAL AREA PER CODE CALCULATED REQUIRED PARKING, TOTAL 9 SPACES OFFICE + 15 SPACES INDUSTRIAL 24 SPACES TOTAL REQUIRED PROPOSED CHANGES 4 PARKING SPACES TO BE REMOVED NO CHANGES TO ADA PARKING SPACES PARKING SUMMARY CURRENT PROPOSED 31 SPACES AVAILABLE 7 SPACES IN EXCESS CURRENT PARKING IN COMPLIANCE WITH PARKING STANDARDS 27 SPACES AVAILABLE 3 SPACES IN EXCESS PROPOSED PARKING IN COMPLIANCE WITH PARKING STANDARDS ADDITIONAL PARKING NOTES ALL REMAINING PARKING SPACES ARE TO BE ACCESSIBLE AT ALL TIMES. ALL EMPLOYEE PARKING TO BE DONE WITHIN THE PROPERTY SITE ONLY. PARKING AT OTHER PROPERTIES AND ON-STREET PARKING IS NOT ALLOWED. 5N 6N OPERATIONAL CONSIDERATIONS SEMI-TRUCK DELIVERIES WILL BE BETWEEN THE HOURS OF 9PM AND 6AM. OPERATIONS TEAMS WILL DISPOSE OF ALL WASTE IN A TIMELY MANNER IN AN EFFORT TO MAINTAIN CLEAN VISUALS AND MINIMIZE ANY ODORS. TRAFFIC WILL BE PROPERLY MANAGED AND NO TRAFFIC WILL PARK ON ADJACENT PROPERTY. Packet Page 1585 36'-3" 16 ' - 9 " 6"± IN S T A L L A T I O N O F 9 , 0 0 0 - G A L L I N T A N K AN D E N C L O S U R E Ad e s a I n t e r n a t i o n a l LO C A T I O N SGE JOB No. 521.073.422 May 20, 2022 TEL. (949) 552-5244 FAX (949) 552-5243 S. GORDIN STRUCTURAL DESIGN 2081 Business Ctr Dr., Ste. 105, Irvine, CA 92612 & ENGINEERING SERVICES (SGE), INC. 37 9 E I n d u s t r i a l R d , S a n B e r n a r d i n o , C A 9 2 4 0 8 ADESA INTERNATIONAL November 22, 2021DATE: REVISIONS TOTAL SITE PLAN SHEETS - 2 DESIGNED BY APPROVED BY JT VSG THESE PLANS WERE DEVELOPED RESTRICTIVELY FOR USE ON THE STRUCTURES AND BY PERSONS/COMPANY AS SPECIFIED IN THE TITLE BLOCK. ANY OTHER USE (INCLUDING, BUT NOT LIMITED TO, DISSEMINATION AND COPYING) OF THESE PLANS OR ANY USE OF THE PLANS BY ANY PARTY OR PARTIES OTHER THAN THE ONES SPECIFIED IN THE TITLE BLOCK, ARE STRICTLY PROHIBITED UNLESS UNDER A WRITTEN PERMISSION BY SGE. CLIENT PRACTICAL SOLUTIONS 15233 VANADA RD, LA MIRADA, CA 90638 ATTENTION: REFER TO LIST OF REVISIONS ON THIS SHEET: THE RELEASE OF THIS DRAWING WITH THE LATEST REVISION NUMBER AND DATE SUPERSEDES AND VOIDS ALL DOCUMENTS PREVIOUSLY ISSUED BY SGE FOR THE SUBJECT SITE. 80 " M I N T O F I N . G R A D E WA L L O R P O L E M O U N T E D PARKING IDENTIFICATION SIGNS SHALL BE REFLECTORIZED WITH A MINIMUM AREA OF 70 SQUARE INCHES PARKING SPACE IDENTIFICATION SIGNS SHALL INCLUDE THE INTERNATIONAL SYMBOL OF ACCESSIBILITY. SYMBOL OF ACCESSIBILITY AND THEIR BACKGROUND SHALL HAVE A NON-GLARE FINISH, THE SYMBOL SHALL CONSIST OF A WHITE FIGURE ON A BLUE BLACK GROUND. THE BLUE SHALL BE COLOR NO. 15090 IN FEDERAL STANDARD 595B. ADDITIONAL SIGN REQUIRED FOR VAN ACCESSIBLE PARKING ADDITIONAL SIGN BELOW THE INTERNATIONAL SYMBOL OF ACCESSIBILITY SHALL STATE "MINIMUM FINE $250". ℄ OF ACCESSIBLE PARKING SIGN NOTE: PARKING SPACE IDENTIFICATION SIGN SHALL BE VISIBLE FROM EACH PARKING SPACE. SIGNS SHALL BE PERMANENTLY POSTED EITHER IMMEDIATELY ADJACENT TO THE PARKING SPACE OR WITHIN THE PROJECTED PARKING SPACE WIDTH AT THE HEAD END OF THE PARKING SPACE. SIGNS MAY ALSO BE PERMANENTLY POSTED ON A WALL AT THE INTERIOR END OF THE PARKING SPACE. AN ADDITIONAL SIGN SHALL BE POSTED EITHER: 1. IN A CONSPICUOUS PLACE AT EACH ENTRANCE TO AN OFF-STREET PARKING FACILITY OR; 2. IMMEDIATELY ADJACENT TO ON-SITE ACCESSIBLE PARKING AND VISIBLE FROM EACH PARKING SPACE 17" MIN 22 " MI N THE ADDITIONAL SIGN SHALL CLEARLY STATE IN LETTERS WITH A MINIMUM HEIGHT OF 1 INCH THE FOLLOWING: "UNAUTHORIZED VEHICLES PARKED IN DESIGNATED ACCESSIBLE SPACES NOT DISPLAYING DISTINGUISHING PLACARDS OR SPECIAL LICENSE PLATES ISSUED FOR PERSONS WITH DISABILITIES WILL BE TOWED AWAY A THE OWNER'S EXPENSE. TOWED VEHICLES MAY BE RECLAIMED AT: ________________ OR BY TELEPHONING: ________________." ACCESSIBILITY DIRECTIONAL SYMBOL 9'-0" M I N 8' 17' NOPAR K I N G 18'-0 " @ 9 0 ° P A R K I N G 20'-0 " D I A G O N A L P A R K I N G 36" 36 " NOTE: EACH ACCESSIBLE CAR AND VAN SPACE SHALL HAVE SURFACE IDENTIFICATION INTERNATIONAL SYMBOL OF ACCESSIBILITY COLORED IN WHITE ON A BLUE BACKGROUND. THE BLUE SHALL BE COLORED NO. 15090 IN FEDERAL STANDARD 595B. THE CENTERLINE OF THE INTERNATIONAL SYMBOL OF ACCESSIBILITY SHALL BE A MAXIMUM OF 6 INCHES FROM THE CENTERLINE OF THE PARKING SPACE, IT'S SIDES PARALLEL TO THE LENGTH OF THE PARKING SPACE AND ITS LOWER CORNER, AT OR LOWER SIGN ALIGNED WITH, THE END OF THE PARKING SPACE. (N)TOC 10 ' - 6 " R E F 12" CLR FOR VENTILATION 11 ' 7' 6" 6" (E)TOG 1 ENLARGED AREA OF WORK PLAN, SCALE: 1" = 3-0" SP2 ENLARGED AREA OF WORK, ELEVATIONS & DETAILS N ACCESS AISLES SHALL BE MARKED WITH A BLUE PAINTED BORDERLINE AROUND THEIR PERIMETER. THE AREA WITHIN THE BLUE BORDERLINES SHALL BE MARKED WITH HATCHED LINES A MAXIMUM OF 36 INCHES ON CENTER IN COLOR CONTRASTING WITH THAT OF THE AISLE SURFACE, PREFERABLY BLUE OR WHITE. THE WORDS "NO PARKING" SHALL BE PAINTED ON THE SURFACE WITHIN EACH ACCESS AISLES IN WHITE LETTERS A MINIMUM OF 12 INCHES IN HEIGHT AND LOCATED TO BE VISIBLE FROM THE ADJACENT VEHICULAR WAY. ACCESS AISLES MARKING MARKINGS MAY EXTEND BEYOND THE MINIMUM REQUIRED LENGTH. ACCESS AISLES SHALL NOT OVERLAP THE VEHICULAR WAY AND SHALL BE PERMITTED TO BE PLACED ON EITHER SIDE OF THE PARKING SPACE EXCEPT FOR VAN PARKING SPACES WHICH SHALL HAVE ACCESS AISLES LOCATED ON THE PASSENGER SIDE OF THE PARKING SPACES. A CURB OR WHEEL STOP SHALL BE PROVIDED IF REQUIRED TO PREVENT ENCROACHMENT OF VEHICLES OVER THE REQUIRED CLEAR WIDTH OF ADJACENT ACCESSIBLE ROUTES. MAX SLOPE OF PARKING SURFACE SHALL NOT EXCEED 2% IN ANY DIRECTION. THE PARKING SPACE SHALL BE OUTLINED OR PAINTED BLUE ADA PARKING STANDARDS THE PARKING STANDARDS SHALL BE IN COMPLIANCE WITH 2010 ADA STANDARDS FOR ACCESSIBLE DESIGN AND 2019 CBC 11B DIVISION 5 2 (N) TANK ELEVATION, SCALE: 1" = 3'-0" 2 - KEYNOTES EXISTING (E), NO CHANGE BY OTHERS, NIC NEW (N) REFER TO STRUCTURAL DRAWINGS 1E PROPERTY LINE 1N TANK: 9,000-GALLON LIN 2E PARKING 2N CONCRETE PAD 3E ACCESSIBLE PARKING SPACE 3N BOLLARD 4E PATH OF TRAVEL 4N CORRUGATED STEEL FENCE 5E DRIVEWAY 5N DOOR, BY OTHERS, NIC 6E BUILDING 6N SLIDING GATE, BY OTHERS, NIC 7E TRANSFORMER 8E REFUSE ENCLOSURE 9E 6' FENCE & GATE 10E CURB 3N 2N 3N 1N 2N 4N (E) SUBBASE 9E 10E 10E 1N 4N COLUMN CL TYP 6N 5N 6N (N) SECURITY BARS Packet Page 1586 ATTACHMENT B JUSTIFICATION LETTER Packet Page 1587 Packet Page 1588 Packet Page 1589 Packet Page 1590 ATTACHMENT C LOCATION/ZONING MAP Packet Page 1591 ATTACHMENT C – LOCATION/ZONING MAP CITY OF SAN BERNARDINO P LANN ING DIVI SION PROJECT: AP 24-05 LOCATION MAP HEARING DATE: November 12, 2024 NORTH Project site Packet Page 1592 ATTACHMENT D AERIAL MAP Packet Page 1593 ATTACHMENT D – AERIAL MAP CITY OF SAN BERNARDINO P LANN ING DIVI SION PROJECT: AP 24-05 AERIAL MAP HEARING DATE: November 12, 2024 NORTH PROJECT SITE Packet Page 1594 ATTACHMENT E ORIGINAL APPROVAL OF ADMINISTRATIVE DEVELOPMENT PERMIT 22-020 Packet Page 1595 Packet Page 1596 Packet Page 1597 Packet Page 1598 Packet Page 1599 Packet Page 1600 Packet Page 1601 Packet Page 1602 Packet Page 1603 Packet Page 1604 Packet Page 1605 Packet Page 1606 Packet Page 1607 Packet Page 1608 Packet Page 1609 Packet Page 1610 Packet Page 1611 Packet Page 1612 Packet Page 1613 ATTACHMENT F APPROVAL OF AMENDMENT TO CONDITIONS OF APPROVAL 23-01 Packet Page 1614 Packet Page 1615 Packet Page 1616 Packet Page 1617 Packet Page 1618 Packet Page 1619 Packet Page 1620 Packet Page 1621 Packet Page 1622 Packet Page 1623 Packet Page 1624 Packet Page 1625 Packet Page 1626 Packet Page 1627 Packet Page 1628 Packet Page 1629 Packet Page 1630 Packet Page 1631 Packet Page 1632 Packet Page 1633 Packet Page 1634 Packet Page 1635 Packet Page 1636 ATTACHMENT G LETTER FROM WBCA ASKING FOR AN APPEAL DATED JULY 24, 2023 WITH PHOTOS AND EXHIBITS Packet Page 1637 Packet Page 1638 Packet Page 1639 Packet Page 1640 Packet Page 1641 Packet Page 1642 Packet Page 1643 Packet Page 1644 EXHIBIT A WATERMAN (WBCA) CCRS Packet Page 1645 Recorded In Official Records, County ol San Bernardino RECORDING REQUESTED BY: ~:c:·•!~.--,~ LA~RY WALKER 6/27/2007 8:00 AM MD Vf~. • "" · Auditor/Controller -Recorder ' 803 LandAmerica Commonwealth LandAmerica Commercial Services Doc#: 2007 -0380257 Titles: 1 Pages: Fees 206.00 WHEN RECORDED, MAIL TO: Taxes 0.00 Other 0.00 PAID $206.00 DZIDA, CAREY & STEINMAN (SDH) 3 Park Plaza, Suite 750 Irvine, CA 92614 (Space Above For Recorder's Use) DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERV AT.ION OF EASEMENTS FOR WATERMAN BUSINESS CENTER NOTICE: THIS DOCUMENT REQUIRES THAT OWNERS AND THE ASSOCIATION RESOLVE ALL DISPUTES WITH THE DECLARANT AND ITS AFFILIATES THROUGH ARBITRATION AND NOT BY A JURY TRIAL. SDH\30447.0001\361227.7 6/7/2007 67 Packet Page 1646 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS FOR WATERMAN BUSINESS CENTER TABLE OF CONTENTS Page ARTICLE I DEFINITIONS; INTERPRETATION ........................................................................ 2 1.1. Definitions ................................................................................................................ 2 1.2. Priorities and Inconsistencies ................................................................................... 7 ARTICLE II OWNER AND ASSOCIATION OBLIGATIONS AND ENTITLEMENTS ........... 7 2.1. Owners' Rights of Enjoyinent ................................................................................. 7 2.2. Common Driveways ................................................................................................ 8 2.3. Party Walls ............. ; ................................................................................................. 9 2.4. Easements for Drainage ........................................................................................... 9 2.5. Waiver of Use .......................................................................................................... 9 2.6. Taxes ...................................................................................................................... 10 2. 7. Hazardous Materials .............................................................................................. 10 2.8. Pollutant Discharge ................................................................................................ 10 2.9. Signage ................................................................................................................... 10 2.10. Outside Storage ...................................................................................................... 10 2.11. Owner's Statement of Use ..................................................................................... 10 ARTICLE III ASSOCIATION ...................................................................................................... 11 3.1. Organization ........................................................................................................... 11 3.2. Membership ........................................................................................................... 11 ARTICLE IV FUNCTIONS OF ASSOCIATION; MAINTENANCE STANDARDS; APPROVAL OF SIGNAGE ................................................................................ 12 4.1. Permitted Functions ............................................................................................... 12 4.2. Powers and Duties .................................................................................................. 12 4.3. Rules and Regulations ..................................................... ; ...................................... 13 4.4. Off site Nuisances ................................................................................................... 14 4.5. Violating Owner Participation ............................................................................... 14 4.6. Board Approval of Signage ................................................................................... 14 4. 7. Maintenance By Owners ........................................................................................ 14 ARTICLE V FUNDS AND ASSESSMENTS .............................................................................. 14 5.1. Obligation .............................................................................................................. 15 5.2. Maintenance Funds ................................................................................................ 15 5.3. Association Property Damage or Neglect; Other Special Assessments ................ 15 5.4. Common Assessments ........................................................................................... 15 5.5. Commencement of Common Assessments ............................................................ 16 5.6. Advanced Assessment Upon Transfer ................................................................... 16 SDH\30447.0001\361227.7 6/7/2007 -1- Packet Page 1647 TABLE OF CONTENTS Page 5.7. Capital Improvement Assessments ........................................................................ 17 5.8. Exempt Property .................................................................................................... 17 5.9. Nonpayment of Assessments ................................................................................. 17 5.10. Mortgage Protection-Liens .................................................................................... 20 ARTICLE VI DESTRUCTION OR CONDEMNATION OF ASSOCIATION PROPERTY ......................................................................................................... 20 6.1. Damage by Owners ................................................................................................ 20 6.2. Repair of Damages ................................................................................................. 21 6.3. Condemnation of Association Property ................................................................. 21 6.4. Condemnation of a Lot .......................................................................................... 21 6.5. Notice to Owners and Listed Mortgagees .............................................................. 21 ARTICLE VII DECLARANT EXEMPTION ............................................................................... 21 ARTICLE VIII INSURANCE ....................................................................................................... 22 8.1. Casualty Insurance ................................................................................................. 22 8.2. Insurance Obligations of Owners ........................................................................... 23 8.3. Waiver of Subrogation ........................................................................................... 23 8.4. Liability and Other Insurance ................................................................................ 23 ARTICLE IX MISCELLANEOUS ............................................................................................... 24 9.1. Term and Tenn.ination ........................................................................................... 24 9.2. Amendments .......................................................................................................... 24 9.3. Mortgagee Protection-General ............................................................................... 25 9.4. Notices ................................................................................................................... 26 9.5. Enforcement and Non-Waiver ............................................................................... 27 9.6. Interpretation .......................................................................................................... 28 9. 7. Reservation of Easements ...................................................................................... 28 9.8. No Public Right of Dedication ............................................................................... 29 9.9. Disclosures ............................................................................................................. 29 9.10. No Representations or Warranties ......................................................................... 29 9.11. Standard of Care, Nonliability ............................................................................... 29 9.12. Arbitration of Disputes .......................................................................................... 30 .. SDH\30447.0001\361227.7 6/7/2007 -11- Packet Page 1648 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS FOR WATERMAN BUSINESS CENTER THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS ("Declaration', is made by WATERMAN BP, LLC, a California limited liability company ("Declarant',. Except as otherwise specified herein, the capitalized words and phrases used in this Declaration shall have the meanings specified in Article I hereof. A. Declarant is the owner of certain real property in the City of San Bernardino, County of San Bernardino, State of California, more particularly described as ("Properties'') follows: Lots l through 12, inclusive, of Tract No. 18083, as shown on a subdivision map on file in Book 32t:/ , Pages 27 to 32-, inclusive, of Maps, in the Office of the San Bernardino County Recorder. B. A copy of sheet 3 of 6 sheets of the approved Tract Map 18083 for the Properties is attached hereto as Exhibit "A". All of the Properties will be developed as a commercial/industrial complex with certain common objectives designed to preserve the value of and to benefit all the property within the Properties. The common development plan imposes reciprocal burdens and benefits on all of the Properties, such that each portion and the entirety of the Properties are both burdened by the provisions of this Declaration for the benefit of each other portion of the Properties, and benefited by the burdens imposed on each other portion of the Properties. C. Declarant further declares all of the Properties shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the easements, restrictions, covenants, conditions and equitable servitudes contained in this Declaration, all of which are for the purpose of preserving and protecting the value, attractiveness and desirability of the Properties, in furtherance of a comprehensive plan for the protection, maintenance, subdivision, improvement use and sale of the Properties, or any portion thereof. The covenants, conditions, restrictions, reservations, easements, equitable servitudes, liens and charges set forth herein shall (1) run with the Properties; (2) be binding upon all persons having any right, title or interest in the Properties, or any part thereof, their heirs, successive owners and·assigns; (3) inure to the benefit of every portion of the Properties and any interest therein; (4) inure to the benefit of and be binding upon Declarant and their successive owners and each Owner and his or her respective successors-in-interest; and (5) may be enforced by Declarant, any Owner or the Association (subject to any express limitations set forth herein). SDH\30447.0001\361227.7 6/7/2007 -1- Packet Page 1649 ARTICLE I DEFINITIONS; INTERPRETATION 1.1. Definitions. Unless otherwise expressly provided, the following words and phrases when used in this Declaration shall have the meanings hereinafter specified. 1.1.1 Approved Plans. Approved Plans means the drawings Approved For Construction dated December 8, 2006 prepared by Ware Malcomb (Sheets AO.I -A8.6) and Plotnik & Associates (grading plan -sheets #1-15, sewer improvement plans -sheets #1-2). 1.1.2 Articles. Articles mean the Articles of Incorporation of the Association on file with the California Secretary of State, as amended from time to time. :;¥- 1.1.3 Assessment. Assessment(s) means Common Assessment(s), Capital improvement Assessment(s), Reconstruction Assessment(s) and/or Special Assessment(s), as applicable. 1.1.4 Association. Association means Waterman Business Center Association, a California nonprofit corporation (formed pursuant to the Nonprofit Mutual Benefit Corporation Law), its successors and assigns. The Association is an "Association" as defined in Section 135l(a) of the California Civil Code. The Association will be formed by Declarant prior to the first Close of Escrow for the sale of a Lot or Condominium Unit in the Properties. 1.1.5 Association Property. The Association shall have easements over the Properties for the use, maintenance, repair and replacement of the "Association Property" described in Exhibit "B" attached hereto. Common Expenses for the Association Property shall be assessed against all Owners in proportion to the percentage shares of "Project Common Expenses" allocated to the Owners on Exhibit "D," as further provided in Article V. Declarant may designate additional Association Property in a Supplemental Declaration. Concurrently herewith, Declarant is recording a Supplemental Declaration covering only Lots 1 and 2 of Tract No. 18083 ("Condo Supplemental Declaration"), which among other things, (a) designates ~dditional Association Property within Lots 1 and 2 as being reserved for the exclusive use of Owners of Condominium Units within such Lots 1 and 2, (b) provides that Common Expenses attributable to Improvements and maintenance responsibilities of the Association under the Condo Supplemental Declaration shall be allocated solely among the Owners of Condominium Units within Lots 1 and 2, and (c) establishes certain additional covenants, conditions, restrictions and easements applicable only to Lots 1 and 2. 1.1.6 Beneficiary. Beneficiary means a Mortgagee under a Mortgage or a beneficiary under a deed of trust, as the case may be, and the assignees of such Mortgagee or beneficiary. 1.1. 7 Board or Board of Directors. Board or Board of Directors means the Association Board of Directors elected in accordance with the Association Bylaws and this Declaration. * ,q._-t-ra.cl'ld nue,.,to a..$ E'tVLlbi+-''e:1 ' SDH\30447.0001\361227.7 6/7n.007 -2- Packet Page 1650 1.1.8 Budget. Budget means a written, itemized estimate of the Association's income and Common Expenses prepared pursuant to the Bylaws. 1.1.9 Bylaws. Bylaws means the Association's Bylaws adopted by the Board of Directors, as amended from time to time. ~ 1.1. l O Capital Improvement Assessment. Capital Improvement Assessment means a charge against the Owners and their Lots or Condominium Units (as applicable), representing the Association's costs to install or construct any Improvements on any portion of the Association Property. 1.1.11 City. City means the City of San Bernardino and its various departments, divisions, employees and representatives. 1.1.12 Close of Escrow. Close of Escrow means the date on which a deed or long term ground lease or other such instrument is Recorded by Declarant conveying a Lot or Condominium Unit in the Properties to a third-party purchaser, with the exception of deeds between Declarant and any successor to the rights of Declarant hereunder. 1.1.13 Common Assessment. Common Assessment means the annual or supplemental charge against each Owner and his Lot or Condominium Unit, representing a portion of the ordinary Common Expenses for maintaining, improving, repairing, replacing, managing and operating the Association Property, which charge shall be levied among all Owners and their respective Lots or Condominium Units (as applicable), as provided herein. Common Assessments shall include all late payment penalties, interest charges, attorneys' fees or other costs incurred by the Association in its efforts to collect all assessments authorized pursuant to this Declaration. 1.1.14 Common Driveways. Common Driveways means those driveway areas within the Properties designated for common use by the Owners of two (2) Lots (which are limited to the Common Driveway Lots described in Section l. l .15 below) and described and/or depicted on Exhibit "C" attached hereto. 1.1.15 Common Driveway Lots. The following pairs of Lots of Tract No. 18083 share a common driveway and are referred to as "Common Driveway Lots:" Lots 4 and 5; Lots 6 and 7; Lots 9 and 10; and Lots 11 and 12. 1.1.16 Common Expenses. Common Expenses means, subject to Article V, the actual and estimated costs of: maintaining, managing, operating, insuring, repairing and replacing the Association Property Improvements, managing and administering the Association and performing the Association's other obligations under this Declaration, unpaid Special Assessments, Reconstruction Assessments and Capital Improvement Assessments, including those costs not paid by the Owner responsible for payment. 1.1.17 Common Fire Water System. Common Fire Water System means the portions of the project fire water system that are not Individual Building Fire Water Systems (as defined below). ~ ,Ai1ctc.kd heve::t"o c:t ~ £')( hi b·, t-'' F '' SDH\30447.0001\361227.7 6/7/2007 -3- Packet Page 1651 1.1.18 Condominium Unit. Condominium Unit means a separate·interest in space as defined in Section 1351(f) of the California Civil Code and shown on a recorded condominium plan covering Lots 1 and 2 of Tract No. 18083, together with an undivided tenant in common interest in the common area described on such condominium plan. 1.1.19 County. County means the Co_unty of San Bernardino, in the State of California, and its various departments, divisions, employees and representatives. 1.1.20 Declarant. Declarant means Waterman BP, LLC, a California limited liability company, and its successors, and any other Person to which it assigns its rights hereunder by an express written and Recorded assignment. Any such assignment may include only specific rights of the Declarant hereunder and may be subject to such conditions and limitations as Declarant may impose in its sole and absolute discretion. As used in this Section, "successor" means any Person who acquires Declarant or substantially all of its assets, or who merges with Declarant by sale, merger, reverse merger, consolidations, sale of stock or assets, operation of law or otherwise. 1. 1.21 Declaration. Declaration means this Declaration of Covenants, Conditions, Restrictions and Reservation of Easements, as amended from time to time. 1.1.22 Deed of Trust. Deed of Trust means a Mortgage. 1.1.23 Design Committee Rules. Design Committee Rules means the Design Committee design standards, procedures, rules and guidelines which may be adopted by the Board pursuant to this Declaration, as amended from time to time. 1.1.24 Hazardous Materials. Hazardous Materials means any toxic substance, material or waste which is or becomes (i) regulated by any local governmental authority, the State of California or the United States Government; or (ii) defined as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "Non-RCRA hazardous waste," "RCRA h_azardous waste" or "recyclable material" under any federal, state or local statute or regulation promulgated thereunder. 1.1.25 Improvement. Improvement means all structures, landscaping and appurtenances thereto within the Properties, including but not limited to, as applicable, buildings, fixtures, outbuildings, signs, walkways, irrigation systems, storm drainage systems, streets, driveways, slopes, sidewalks, curbs and gutters, storm drain lines, catch basins, slopes, drains and appurtenances that collect and transport runoff from private property, sewer laterals, street lights, driveway and parking signage and striping improvements, parking areas, fences, trash enclosures, screening walls, retaining walls, stairs, hedges, windbreaks, plantings, planted trees and shrubs, and entry monumentation. 1.1.26 Individual Building Fire Water Systems. Individual Building Fire Water Systems means the portion of the project fire water system that is dedicated to an individual building and is downstream of that building's Pressure Indicator Valve (PIV). 1.1.27 Local Governmental Agency. Local Governmental Agency means the City, the County and any other local or municipal governmental entity or agency including, SDH\30447.0001\361227.7 6n/2007 -4- Packet Page 1652 without limitation, any special assessment district, maintenance district or community facilities district. 1.1.28 Lot. Lot means any lot or parcel of land shown upon any Recorded subdivision map or Recorded parcel map of any portion of the Properties (as such lot or parcel may be modified by any Recorded lot line adjustment), together with the Improvements, if any, thereon. For purposes of this Declaration references to "Lot" shall not include any Association Property and shall not include Lots 1 and 2 of Tract No. 18083. 1.1.29 Maintenance Funds. Maintenance Funds means the accounts created for Association receipts and disbursements pursuant to Article V hereof. 1.1.30 Manager. Manager means the Person, firm or agent employed as an independent contractor by the Association to perform functions of the Association, as limited by the Restrictions and the terms of the agreement between the Association and such Person. 1.1.31 Member. Member means every Person holding a Membership in the Association .. Membership means the voting and other rights and privileges of Members as provided in the Restrictions, together with the correlative duties and obligations contained therein. 1.1.32 Membership. Membership means the voting and other rights and privileges of members of the Association, as provided in the Restrictions, together with their correlative duties. 1.1.33 Mortgage. Mortgage means any mortgage or deed of trust or other conveyance of a Lot or Condominium Unit or other portion of the Properties to secure the performance of an obligation, which will be reconveyed upon the completion of such performance. The term "Deed of Trust" or "Trust Deed" is synonymous with the term "Mortgage." 1.1.34 Mortgagee/Mortgagor. Mortgagee means a Person to whom a Mortgage is made and includes the beneficiary of a Deed of Trust. Mortgagor means a Person who mortgages property to another (i.e., the maker of a Mortgage), and includes the Trustor of a Deed of Trust. The term "Trustor" is synonymous with the term "Mortgagor," and the term "Beneficiary" is synonymous with the term "Mortgagee." 1.1.35 Notice and Hearing. Notice and Hearing means written notice and a hearing before the Board, as further provided in the Bylaws. 1.1.36 Owner. Owner means a Person or Persons, including Declarant, holding a fee simple or long-term ground leasehold interest of Record to a Lot or a Condominium Unit. The term "Owner" includes a seller under an executory contract of sale, but excludes Mortgagees. For purposes of this Declaration, a "long-term ground leasehold interest" means a leasehold interest having a term often (10) or more years. SDH\30447.0001\361227.7 6/7/2007 -5- Packet Page 1653 1.1.3 7 Owner Representative. Owner Representative means the partners, members officers, directors, employees, agents, patrons, guests, customers, invitees, contractors, lessees, sublessees and licensees of an Owner. 1.1.38 Party Wall. Party Wall means each common_ wall shared by the buildings located on the following pairs of Lots in Tract No. 18083: Lots 3 and 4; Lots 5 and 6; Lots 8 and 9; and Lots 10 and 11. 1.1.39 Person. Person means a natural individual, a corporation, partnership or any other entity with the legal right to hold title to real property. 1.1.40 Properties. Properties is defined in Preamble Paragraph A above. The Properties are classified as a "common interest development" as defined in Section 1351(c) of the California Civil Code. 1.1.41 Reconstruction Assessment. Reconstruction Assessment means a charge against each Owner and such Owner's Lot or Condominium Unit representing a portion of the Association's cost to reconstruct any Improvements on the Association Property resulting from a casualty, pursuant to the provisions of this Declaration. 1.1.42 Record, Filed, Recordation. Record, Filed or Recordation means, with respect to any document, the recordation or filing of such document in the Office of the County Recorder. 1.1.43 Restrictions. Restrictions mean this Declaration, applicable Supplemental Declarations(s), the Articles, the Bylaws, the Rules and Regulations, the Sign Criteria, and restrictions (if any) set forth in a grant deed of a Unit or Lot from Declarant to an Owner. 1.1.44 Rules and Regulations. Rules and Regulations means the rules and regulations adopted by the Board as provided in the Restrictions. 1.1.45 Sign Criteria. Sign Criteria means the Sign Criteria for the Properties adopted by Declarant, as amended by Declarant and/or the Board from time to time. 1.1.46 Special Assessment. Special Assessment means a charge against a particular Owner and such Owner's Lot or Condominium directly attributable to or reimbursable by such Owner as provided in the Restrictions or equal to the cost incurred by the Association for corrective action performed pursuant to the Restrictions, or levied by the Board as a reasonable fine or penalty for noncompliance with the Restrictions, plus interest and other charges on such Special Assessment as provided for in this Declaration. 1.1.47 Supplemental Declaration. Supplemental Declaration means any declaration of covenants, conditions and restrictions and reservation of easements or similar document supplementing this Declaration which may be Recorded by Declarant from time to time. Declarant (and the Owner of the property subject thereto if other than Declarant) may record a Supplemental Declaration which incorporates this Declaration by reference and which may supplement this Declaration with such additional covenants, conditions, restrictions and SDH\30447.0001\361227.7 6/7n007 -6- Packet Page 1654 easements. Supplemental Declarations may modify this Declaration as it applies to the property encumbered by the Supplemental Declaration. 1.2. Priorities and Inconsistencies. If there are conflicts or inconsistencies between this Declaration and the Articles of Incorporation, the Bylaws or the other Restrictions, the terms and provisions of this Declaration shall prevail. ARTICLE II OWNER AND ASSOCIATION OBLIGATIONS AND ENTITLEMENTS 2.1. Owners' Rights of Enjoyment. Every Owner and its Owner Representative(s) shall have a right to use the Association Property in accordance with the Restrictions, which right shall be appurtenant to and shall pass with title to every Lot and Condominium Unit, subject to the Association's right to exercise exclusive jurisdiction over and control of the Association Property (other than dedicated to and/or maintained by a Local Governmental Authority) and the following provisions: 2.1.1 Additional/Modification of Association Property. The right of Declarant to designate additional Association Property, modify the Association Property and/or designate Association Property within Lots 1 and 2 of Tract No. 18083 as being for the exclusive use of the Owners of Condominium Units on such Lots by recordation of an amendment to this Declaration or a Supplemental Declaration. 2.1.2 Rules and Regulations. The Association's right to establish reasonable Rules and Regulations pertaining to the use of the Association Property and any facilities located thereon. 2.1.3 Association Property Transfers. The Association's rights set forth in Section 4.2.4 of this Declaration and Declarant's rights set forth in Article VII hereof. 2.1.4 Use By Declarant. The right of Declarant (and its employees, sales agents, prospective purchasers, customers and representatives) to enter upon the Association Property, for the benefit of Declarant or any other property owned by Declarant, or any combination thereof, to complete the construction of any landscaping or other Improvement to be installed thereon. 2.1.5 Reconstruction of Improvements. The Association's right (by action of the Board) to reconstruct, replace or refinish any Improvement or portion thereof upon the Association Property, in accordance the original design, finish or standard of construction of such Improvement or of the other Improvements or, if not in accordance with the original design, finish or standard of construction, only with the approval of fifty-one percent (51 %) of the Association voting power with respect to Association Property described in this Declaration. 2.1.6 Maintenance. The Association's right to maintain and repair the Association Property. SDH\30447.0001\361227.7 6/7/2007 -7- Packet Page 1655 2.1.7 Restricted Areas. The Association's right, acting through the Board, to reasonably restrict access to landscaped areas, drainage facilities, maintenance facilities and similar areas of the Association Property. The Association shall have exclusive control over all of the Association Property. 2.2. Common Driveways. (Note: This Section 2.2 applies only to Lots 4 through 7 and 9 through 12 of Tract No. 18~83.) 2.2.1 Common Driveway Easements. Declarant hereby reserves, for the benefit of each Owner of a Common Driveway Lot and their respective Owner Representatives, nonexclusive reciprocal easements appurtenant to each such Common Driveway Lot, for vehicular and pedestrian access, ingress and egress over the Common Driveway, for the maintenance, repair and replacement of Improvements within the applicable Common Driveway, and for access to and use of the trash dumpster located in the enclosure on the common boundary of each respective Common Driveway Lot. 2.2.2 Common Driveway Use and Maintenance. There shall be no parking within any Common Driveway, and no Owner of a Common Driveway Lot shall interfere with or obstruct or permit its Owner Representatives to interfere with or obstruct the reasonable use of the Common Driveway by the other Owner of such Common Driveway Lot and such other Owner's Owner Representatives. Without limiting the generality of the foregoing, no gates or fences shall be constructed on any Common Driveway. The Owners of Common Driveway Lots shall jointly maintain, repair, replace and reconstruct, or cause to be maintained, repaired, replaced and reconstructed ( collectively, "Common Driveway Maintenance''), the Common Driveway serving such Owner's Lot substantially as originally constructed and improved by Declarant. Except as provided in Section 2.2.3 below, the cost of Common Driveway Maintenance shall be shared equally by the Owners of the Lots served by the applicable Common Driveway. The Owners of Lots served by a Common Driveway shall perform such Common Driveway Maintenance as they mutually agree on or, if they cannot so agree, as may be determined to be necessary by the Board following a petition to the Board by the Owner desiring to have Common Driveway Maintenance performed. If any Owner of a Common Driveway Lot refuses to join in any Common Driveway Maintenance ( after it has been agreed to in writing by such Owner or after the Board has approved a petition for such Common Driveway Maintenance) ("Non-Repairing User''), the other Owner of the Lot served by the Common Driveway ("Repairing User'') may undertake the Common Driveway Maintenance. In such event, the Non-Repairing User shall reimburse the Repairing User for its share of the cost of the Common Driveway Maintenance within five (5) business days after the Non-Repairing Users have received a written statement from the Repairing User which describes the Common Driveway Maintenance and the cost of the Common Driveway Maintenance incurred by the Repairing User. Any amount not paid when due shall bear interest at rate equal to the lesser of ten percent (10%) per annum or the maximum nonusurious rate permitted by applicable law. 2.2.3 Repair Required Due to Negligence. Notwithstanding anything to the contrary in Section 2.2.2 above, if any Common Driveway Maintenance is required as a result of the negligent or willful misconduct of an Owner ("Negligent Owner'') or the Owner Representatives of such Owner, the Common Driveway Maintenance shall be the sole responsibility of the Negligent Owner at its sole cost and expense. The Negligent Owner shall SDH\30447.0001\361227.7 6/7/2007 -8- Packet Page 1656 . perform any such Common Driveway Maintenance as soon as reasonably possible after the negligence or misconduct. In the event the Negligent Owner fails or refuses to perform the required Common Driveway Maintenance, upon ten (10) days' prior written notice to the Negligent Owner, the Owner of the other Common Driveway Lot served by the Common Driveway may perform the Common Driveway Repair and the Negligent Owner shall reimburse such repairing Owner or the Association, as applicable, for the cost of the Common Driveway Maintenance within five (5) business days after the Negligent Owner has received a written statement describing the Common Driveway Maintenance and the cost incurred therefor. Any amount not paid when due hereunder shall bear interest at the highest non-usurious rate permitted by law. 2.3. Party Walls. (Note: This Section applies only to Lots 3 through 6 and 8 through 11.) No Owner may undertake any modification of a Party Wall without the consent of the Owner of other Lot sharing such Party Wall and the prior approval of the Building and Safety Division of the City. All modifications to a Party Wall shall be made in compliance with all applicable building codes and all other requirements (if any) of the Building and Safety Division of the City. To the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions apply to Party Walls. The Owners of Lots sharing a Party Wall shall jointly repair and maintain such Party Wall, and the cost of reasonable repair and maintenance of a Party Wall shall be shared equally by the Owners of the Lots connected by such Party Wall; provided, however, that each Owner shall be solely responsible for maintaining the surface of any Party Wall within the interior of the building on such Owner's Lot. The Owners of Lots sharing a Party Wall shall perform such Party Wall repair and maintenance as they mutually agree on or, if they cannot so agree, as may be determined to be necessary by the Board following a petition to the Board by the Owner desiring to have Party Wall repair or maintenance performed. If a Party Wall is destroyed or damaged by fire or other casualty, any Owner whose Lot is affected thereby may restore it, and the Owner of the other Lot affected thereby shall contribute equally to the cost of restoration thereof. An Owner who by its negligent or willful act causes a Party Wall to be damaged, destroyed or to deteriorate or require repair or replacement shall bear the whole cost of furnishing the necessary repairs or replacement. The right of any Owner to contribution from any other Owner under this Section is appurtenant to the land and passes to such Owner's successors in title. 2.4. Easements for Drainage. Declarant hereby reserves to itself, and to the Association and every Owner and their respective Owner Representatives and successors, nonexclusive easements for drainage of water in accordance with the "established drainage" of the Properties. The term "established drainage" means the water drainage pattern and system shown on the Approved Plans. No Owner may alter the established drainage for the Properties unless it establishes an alternative drainage pattern that is approved in writing by the Board. 2.5. Waiver of Use. No Owner may exempt himself from personal liability for assessments duly levied by the Association, nor release his Lot or Condominium Unit or other property in the Properties from the liens and charges hereof, by waiver of the use and enjoyment of the Association Property or any facilities thereon or by abandonment of his Lot or Condominium Unit or any other property in the Properties. SDH\30447.0001\361227.7 6/7/2007 -9- Packet Page 1657 2.6. Taxes. Each Owner shall execute such instruments and take such action as may reasonably be specified by the Association to obtain separate real estate tax assessment of his Lot or Condominium Unit. If, in the Association's opinion, any taxes or assessments constitute a lien on the Association Property, or any part thereof, they may be paid by the Association and each Owner shall be obligated to pay or to reimburse the Association for, as the case may be, the taxes and assessments assessed by the County Assessor or other taxing authority against the Association Property and attributable to his own Lot or Condominium Unit and interest in the Association Property. 2.7. Hazardous Materials. All Hazardous Materials shall be properly used and disposed of within the Properties in compliance with applicable law, including any applicable Storm Water Pollution Prevention Plan and any program established by the Association with respect thereto. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, anti­ freeze, solvents, paints, paint thinners, wood preservatives and other such fluids shall not be discharged into any street or any storm drain or storm water conveyance system within the Properties. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State and County requirements as prescribed in their respective containers. 2.8. Pollutant Discharge. The Properties are subject to all Federal, State and local requirements of the National Pollutant Discharge Elimination System ("NPDES'') adopted pursuant to the Federal Clean Water Act including without limitation any Water Quality Management Plan for the Properties ("Water Management Plan'') which identifies certain Best Management Practices ("BMP'') to reduce the discharge of pollutants to storm water facilities, before, during and after construction on the Properties in completed. The Association shall comply with all BMPs applicable to the Association Property and perform all maintenance imposed the Water ·Management Plan with respect to the Association Property and all other governmental requirements, as amended. The costs of such maintenance, if any, shall be treated as Common Expenses. Each Owner of a Lot, at its sole cost and expense, shall comply with all BMPs applicable to such Owner's Lot and shall perform all maintenance of such Owner's Lot and Improvements thereon required under the Water Quality Management Plan and all other applicable governmental requirements applicable to such Owner's Lot, as amended from time to time. 2.9. Signage. All signs, banners, and advertising media in the Properties which are or will be externally visible shall comply with the Sign Criteria, all City ordinances, codes and statutes and shall be subject to the approval of the Board pursuant to Section 4.6 below. 2.10. Outside Storage. Outside storage shall be permitted on any Lot provided that such outside storage (a) complies with all applicable ordinances and requirements of the City, and (b) is contained within private yard areas. 2.11. Owner's Statement of Use. Each Owner will prepare and submit to the San Bernardino City Fire Department an "Owner's Statement of Use" on the Fire Department's current standard form prior to the sale or leasing of such Owner's Lot or Condominium Unit. SDH\30447.0001\361227.7 6/7/2007 -10- Packet Page 1658 ARTICLE III ASSOCIATION 3 .1. Organization. The Association is organized as a California corporation under the Nonprofit Mutual Benefit Corporation Law. The Association is charged with the duties and vested with the powers prescribed by law, subject to the limitations and provisions of the Articles, Bylaws, and this Declaration. Neither the Articles nor Bylaws shall, for any reason, be amended or otherwise changed so as to be inconsistent with this Declaration. If there is any ambiguity in any provision of the Articles or Bylaws, then such provision shall be construed, to the extent possible, so as to be consistent with the provisions of this Declaration. 3.2. Membership. Members of the Association are (i) Declarant, for so long as Declarant is entitled to cast a Class C vote pursuant to this Section, (ii) each Owner (including Declarant) of one (1) or more Lots or Condominium Units in the Properties. Membership in the Association is subject to the Restrictions. Except for the Class C Membership, all Memberships in the Association held by Owners are appurtenant to the Lot or Condominium Unit owned by each Owner, and ownership of a Lot or Condominium Unit is the sole qualification for Membership in the Association. 3.2.1 Classes of Membership. The Association shall have three (3) classes of voting Membership as follows: (i) Class A. The Class A Members are all Owners of Lots, except Declarant. Each Class A Member is assigned one (1) vote for each one percent (1 %) (rounded up to the nearest one percent (1%)) of the share of Project Common Expenses allocated to each such Owner's Lot as set forth in Exhibit "D" hereto. (ii) Class B. The Class B Members are all Owners of Condominium Units, except Declarant. Each Class B Member is assigned one ( 1) vote for each one percent (1 %) (rounded up to the nearest one percent (1 %)) of the share of Project Common Expenses allocated to each such Owner's Condominium as set forth in Exhibit "D"hereto. (iii) Class C. The Class C Member is Declarant for so long as Declarant owns any Lot or Condominium Unit in the Properties. The Class C Member is assigned three (3) votes for each vote allocated to the Class A Members and Class B Members in the aggregate regardless of how many Lots or Condominium Units Declarant owns. The Board is comprised of three (3) directors, one elected by the Class A Members, one elected by the Class B Members, and one elected by the entire voting power of the Association. Notwithstanding anything to the contrary in the foregoing or in the Bylaws, Declarant shall have the right to appoint (a) the Class A director for so long as Declarant owns any Lot, and (b) the Class B director for so long as Declarant owns any Condominium Unit. 3.2.2 Transfer of Membership. An Owner's Association Membership shall not be assigned, transferred, pledged or alienated in any way, except upon the transfer of title to the Owner's appurtenant Lot or Condominium Unit, and then only to the purchaser or Mortgagee of such Lot or Condominium Unit. Any attempt to make a prohibited Membership transfer is SDH\30447.0001\361227.7 6/7/2007 -11- Packet Page 1659 void and will not be reflected on the books of the Association. Notwithstanding the foregoing, a Member who has sold his Lot or Condominium Unit to a contract purchaser under an installment land sale contract may delegate his membership rights to the contract purchaser. Such delegation shall be in writing and must be delivered to the Board before such contract purchaser may exercise Membership privileges. However, the contract seller remains liable for all charges and assessments attributable to his Lot or Condominium Unit until fee title to the Lot or Condominium Unit is transferred. If the Owner of any Lot or Condominium Unit fails or refuses to transfer the Membership (registered in his name) to the purchaser of such Owner's Lot or Condominium Unit upon transfer of fee title thereto, the Board of Directors may record the transfer on the Association's books. The Association may levy a reasonable transfer fee against new Owners and their Lots or Condominium Units (which fee shall be added to the Common Assessments chargeable to such new Owners) to reimburse the Association for the administrative costs of transferring the Memberships to the new Owners on the Association's records. 3.2.3 Suspension of Membership Rights. The Board may suspend the Membership rights of any Member, including the right to vote at any meeting of the Members, for any period during which any Common Assessment, Capital Improvement Assessment or Reconstruction Assessment against such Member and the Lot or Condominium Unit owned by such Member is delinquent. Any such suspension for nonpayment of any assessment shall not constitute a waiver or discharge of the Member's obligation to pay the assessments provided for herein. ARTICLE IV FUNCTIONS OF ASSOCIATION; MAINTENANCE STANDARDS; APPROVAL OF SIGN AGE 4.1. Permitted Functions. The Association is formed exclusively for those social welfare purposes and activities which are specifically and directly related to (i) equipping, maintaining, operating and utilizing the Association Property, including the Improvements thereon, (ii) collecting assessments to finance the maintenance and utilization of the Association Property, and (iii) administering and enforcing the Restrictions ( collectively, the "Permitted Functions''). Notwithstanding the foregoing, Permitted Functions do not include those activities prohibited by Section 4.4 below. The funds and resources of the Association shall be utilized solely and exclusively for the direct costs of Permitted Functions. 4.2. Powers and Duties. The Association has all of the powers of a California Nonprofit Mutual Benefit Corporation, subject only to such limitations upon the exercise of such powers as are expressly set forth in the Restrictions. Subject to the Restrictions, the Association has the power to perform any and all lawful acts which may be necessary or proper for or incidental to the exercise of any of the express powers of the Association. Subject to the foregoing provisions, the Association, acting through the Board, has: 4.2.1 Assessments. The power and duty to levy assessments on the Owners and to collect and enforce payment of such assessments in accordance with the provisions of Article V hereof. SDH\30447.0001\361227.7 6/7/2007 -12- Packet Page 1660 4.2.2 Repair and Maintenance. The power and duty to maintain, replace and repair, as applicable, in a neat and attractive condition, the Association Property. The power and duty, following a written petition from an affected Owner, to determine whether repairs specified in such Owner's petition with respect to a Common Driveway and/or a Party Wall are necessary. 4.2.3 Firewater Fees; Firewater Monitoring Services; Trash Services. The power and duty to (a) to procure and pay water utility fees associated with the Common Fire Water System, (b) to procure and pay for monitoring services associated with the Common Fire Water System, including telephone charges and monitoring system rental fees, and (c) procure and pay for trash dumpster pickup service for the Properties. If at any time the Association determines that any Owner and/or its Owner Representatives is generating a volume of trash that requires an increase in the size of a dumpster and/or an increase in the number of times per month that the dumpster is emptied, then the Association may levy a Special Assessment against such Owner and its Lot or Condominium in an amount equal to the increased costs incurred by the Association for the disproportionate use. 4.2.4 Easements and Rights-of-Way. The power but not the duty to grant and convey to any Person easements, licenses or rights-of-way in, on, over or under the Association Property and fee title to parcels or strips of land which comprise a portion of the Association Property, for purposes consistent with the terms of this Declaration. 4.2.5 Manager. The power and duty to contract with a professional Manager for the Association. 4.2.6 Insurance. The power and duty to obtain and maintain insurance for the Association and Association Property in accordance with Article VIII. 4.2.7 Legal and Accounting Services. The power but not the duty, if deemed appropriate by the Board, to retain and pay for legal (subject to Section 4.2.9 below) and accounting services necessary or proper in operating the Association Property, enforcing the Restrictions, and performing any of the other Association duties or rights. 4.2.8 Audit. The power and duty to permit any Owner, who may be accompanied by an accountant or other consultant, at said Owner's sole expense to audit or inspect the Association's books and records; provided that such audit or inspection is made during normal business hours and without unnecessary interference with the operations of the Manager or the Association. 4.2.9 Litigation. Except as otherwise provided in this Declaration, the power but not the duty to initiate, defend, settle or intervene in mediation, arbitration, judicial or administrative proceedings on behalf of the Association in matters solely pertaining to (i) the application or enforcement of the Restrictions and (ii) damage to the Association Property. Any recovery by the Association with respect to any damage to or defect in the Association Property shall be utilized solely for the purpose of paying for the costs of obtaining the recovery and for correcting such Association Property damage or defect. 4.3. Rules and Regulations. The Board may adopt such Rules and Regulations as it deems proper regarding the Owners' use, occupancy and maintenance of the Properties. To be SDH\30447.0001\361227.7 6n/2007 -13- Packet Page 1661 . effective, a copy of the Rules and Regulations, as adopted, amended or repealed, must be posted in a conspicuous place in the Association Property or must be mailed or otherwise delivered to each Owner. When mailed, delivered or posted, the Rules and Regulations shall have the same force and effect as if they were set forth herein; provided, however, that the Rules and Regulations shall be enforceable only to the extent that they are consistent with the Restrictions. 4.4. Offsite Nuisances. The Association shall not use any assessments or expend Association funds or resources to abate any annoyance or nuisance emanating from outside the physical boundaries of Properties. 4.5. Violating Owner Participation. No Owner who is in violation of the Restrictions shall be entitled to participate and/or vote as a Board in any action to be taken by the Association to remedy, penalize or otherwise act in connection with such Owner's violation of the Restrictions. 4.6. Board Approval of Signage. Except for "Approved Signage" (defined below), no flags, banners, balloons or advertising, address and/or identification signs, materials or items (collectively "Signage") shall be maintained on any portion of the Properties that is externally visible. All Signage in the Properties on the Association Property or which can be seen from any portion of the Association Property or any area outside of the Properties shall comply with the Sign Criteria and all Signage requirements and restrictions of the City. The term "Approved Signage" means Signage which the Board has determined in writing in advance to be in conformance with the Signage Criteria. Each Owner shall maintain its Approved Signage in good working order and in a clean and safe condition. The Board shall review proposed Signage solely for conformance with the Sign Criteria. The Board is not responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building codes or City and/or other governmental requirements and restrictions. 4. 7. Maintenance By Owners. Each Owner of a Lot shall repair and maintain its Lot and the Improvements thereon (including, without limitation, landscaping and Individual Building Fire Water System) or constituting a part thereof in clean, sanitary and attractive condition and in good repair in keeping with the standards of all applicable Local Governmental Authorities (except to the extent such Improvements are part of the Association Property). In addition, each Owner shall keep the parkway landscaping area in the right of way adjacent to such Owner's Lot mowed, weeded and neatly trimmed, as applicable, and clear of all rubbish, trash and debris and perform such other maintenance, repair and replacement as is necessary to keep such parkway area in a neatly landscaped and sightly condition. If any Owner fails to maintain the landscaping on its Lot and/or the parkway landscaping adjacent such Owner's Lot as required under this Section, the City shall have the right, but not the obligation, to enter upon such Lot and/or parkway area, as applicable, to perform such landscaping and charge the Owner therefor. ARTICLE V FUNDS AND ASSESSMENTS SDH\30447.0001\361227.7 6/7n.007 -14- Packet Page 1662 5.1. Obligation. By acceptance of a deed or other conveyance of a Lot or Condominium Unit, whether or not it shall be so expressed in such deed or such other instrument, every Owner is deemed to covenant to pay to the Association (i) annual Common Assessments for Common Expenses, (ii) Capital Improvement Assessments, (iii) Special Assessments, and (iv) Reconstruction Assessments; such assessments to be established and collected as hereinafter provided. All assessments, together with interest, costs, and reasonable attorneys' fees for the collection thereof, shall be a charge on the land and shall be a continuing lien upon the Lot or Condominium Unit against which such assessment is made. The personal obligation of assessments shall not pass to the successors-in-title to any Owner, unless expressly assumed by them. 5.2. Maintenance Funds. The Board shall Budget, establish and maintain at least the following separate accounts (the "Maintenance Funds") into which shall be deposited all monies paid to the Association, and from which disbursements shall be made, as provided herein, in the Association's performance of its functions under the Restrictions. All amounts deposited into the Maintenance Funds must be used solely for ~he purposes authorized by the Restrictions. Disbursements from the particular Maintenance Funds shall be limited to specific purposes as follows: 5.2. l General Operating Fund. A General Operating Fund for current expenses of the Association. Disbursements from the General Operating Fund shall be made for such purposes as are necessary for the discharge of the Association's responsibilities under the Restrictions, for the common benefit of all Owners. The General Operating Fund shall exclude current expenses attributable to Improvements and maintenance responsibilities of the Association under the Condo Supplemental Declaration ("Condominium Property Expenses'"). Nothing contained herein shall preclude the establishment of additional Maintenance Funds by the Association earmarked for specified purposes authorized by the Restrictions. 5.2.2 Other Funds. Any other M:;tintenance Funds which is required pursuant to any Supplemental Declaration or which the Board of Directors may deem necessary. 5.3. Association Property Damage or Neglect; Other Special Assessments. If any maintenance, repair or replacement of the Association Property is necessitated in the sole judgment of the Board as a result of the willful or negligent act or neglect of an Owner or an Owner Representative of such Owner, such maintenance, repairs or replacements shall be performed at the expense of such Owner, after Notice and Hearing, and a Special Assessment therefore shall be levied against such Owner. The Board may also levy Special Assessments as provided in Section 9.5.6 below. 5.4. Common Assessments. Each annual Common Assessment shall constitute an aggregate of separate assessments for each of the Maintenance Funds, reflecting an itemization of the amounts assessed and attributable to prospective deposits into the General Operating Funds, and any other Maintenance Fund(s) established by the Association. The Common Expenses of the Association (exclusive of Condominium Property Expenses) shall be allocated among all of the Lots and Condominium Units and the Owners thereof based on the percentage of shares of Project Common Expenses set forth in Exhibit "D" attached hereto. Condominium SDH\30447.0001\361227.7 6/7/2007 -15- Packet Page 1663 Property Expenses shall be allocated only among the Condominium Units within Lots 1 and 2 of Tract No. 18083 in accordance with the Condo Supplemental Declaration. 5.5. Commencement of Common Assessments. 5.5.1 Commencement Date. Common Assessments shall commence as to all Lots and Condominium Units on the date on which the first Close of Escrow for a Lot or Condominium Unit occurs. Notwithstanding anything to the contrary set forth in this Declaration, no Owner shall be responsible for the payment of any Common Assessments until the first day of the month following the completion of a building on the applicable Lot or the Close of Escrow for such Lot. Notwithstanding the foregoing, each Owner shall be responsible for any Special Assessments from and after the date on which such Owner acquires title to such Lot or Condominium Unit. 5.5.2 Payment Procedure. The Board shall fix the amount of the annual Common Assessment to be levied against each Lot and Condominium Unit at least thirty (30) days in advance of each Common Assessment period. However, unless otherwise established by the Board, the initial annual Common Assessment shall be levied in accordance with the most recent Budget. Written notice of any increase in the amount of the annual Common Assessment or any Capital Improvement or Reconstruction Assessment shall be sent by first class mail to every Owner subject thereto, not less than thirty (30) prior to the increased assessment becoming due. All installments of Common Assessments shall be collected in advance on a regular basis by the Board, at such frequency and on such due dates as the Board determines from time to time in its sole and absolute discretion. Each installment of a Common Assessment may be paid to the Association in one ( 1) check. If any payment of a Common Assessment installment is less than the amount assessed, the payment received by the Association from that Owner shall be credited in order of priority first to the General Operating Fund until that portion of the Common Assessment has been satisfied, then to the Condominium Association Property Operating Fund (if any) applicable to such Condominium Unit Owner until that portion of the Common Assessment has been satisfied, then to any other Maintenance Funds established by the Association. 5.5.3 Excess Funds. Unless otherwise approved by a majority of the voting power of the Association, any excess funds remaining in the Operating Fund, over and above the amounts used for the operation of the Properties, shall be used to reduce the following year's Common Assessment attributable to such Maintenance Funds. 5.6. Advanced Assessment Upon Transfer. Upon the transfer of any Lot or Condominium Unit, the Association will have the right to collect, in advance, up to two (2) months' Common Assessment allocable to the Lot or Condominium Unit being transferred. Such amounts shall be due and payable at the time of transfer and shall be applied to the Common Assessment installments payable with respect to the applicable Lot or Condominium for the period after the date of the transfer. Each Owner will provide the Association with not less than thirty (30) days' prior written notice of any contemplated transfer of its Lot or Condominium Unit. SDH\30447.0001\361227.7 6/7/2007 -16- Packet Page 1664 5.7. Capital Improvement Assessments. The Board may levy, in any fiscal year, a Capital Improvement Assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a Capital Improvement upon the Association Property, including fixtures and personal property related thereto; provided that all proposed Capital Improvement Assessments shall require a majority of votes at a meeting or written ballot of the Owners at which more than fifty percent (50%) of the total voting power of the Association is represented. Notwithstanding the foregoing, the Board may levy in any fiscal year a Capital Improvement Assessment applicable to that fiscal year without the vote of the Members if such Capital Improvement Assessment is necessary for addressing a Capital Improvement necessary to address an imminent threat to property or the safety of persons within the Properties. All Capital Improvement Assessments must be levied against all Lots and Condominium Units in the same manner and in the same proportions as Common Assessments are levied, and they shall be collected in the manner and frequency determined by the Board. 5.8. Exempt Property. The following property subject to this Declaration shall be exempt from the assessments herein: those portions of the Properties dedicated in fee and accepted by a public body, agency or authority; the Association Property, if any, owned in fee by the Association. 5.9. Nonpayment of Assessments. 5.9.1 Delinquency. Assessments are delinquent if not paid within fifteen (15) days after the due date established by the Association. Assessments not paid within thirty (30) days after the due date, plus all reasonable costs of collection (including attorneys' fees) and late charges bear interest at the maximum rate permitted by law commencing thirty (30) days after the due date.until paid. The Association may also require the delinquent Owner to pay a late charge in accordance with California Civil Code Section 1366(e)(2). The Association need not accept any tender of a partial payment of an Assessment and all costs and attorneys' fees attributable thereto. Acceptance of any such tender does not waive the Association's right to demand and receive full payment. 5.9.2 Creation and Release of Lien. (i) Priority of Lien. All sums assessed in accordance with this Declaration constitute a lien on the respective Lot or Condominium prior and superior to (i) any declaration of homestead Recorded after the Recordation of this Declaration, and (ii) all other liens, except (1) all taxes, bonds, Assessments and other levies which, by law, would be superior thereto, and (2) the lien or charge of any first Mortgage of Record (meaning any Recorded Mortgage with first priority or seniority over other Mortgages) made in good faith and for value and Recorded before the date on which the "Notice of Delinquent Assessment" (described in this Section) against the respective Lot or Condominium was Recorded. (ii) Prerequisite to Creating Lien. Before the Association may place a lien on an Owner's Lot or Condominium to collect a past due Assessment, the Association must comply with (i) the notification requirements of California Civil Code Section 1367. l(a) and (ii) the procedural requirements of California Civil Code Section 1367.l(c). SDH\30447.0001\361227.7 6/7/2007 -17- Packet Page 1665 (iii) Notice of Delinquent Assessment. The lien becomes effective on Recordation by the Board or its authorized agent of a Notice of Delinquent Assessment ( "Notice of Delinquent Assessment', securing the payment of any Assessment or installment thereof levied by the Association against any Lot or Condominium Owner, as provided in Section 1367 of the California Civil Code. The Notice of Delinquent Assessment must identify (i) the amount of the Assessment and other authorized charges and interest, including the cost of preparing and Recording the Notice of Delinquent Assessment, (ii) the amount of collection costs incurred, including reasonable attorneys' fees, (iii) a sufficient description of the Lot or Condominium that has been assessed, (iv) the Association's name and address, (v) the name of the Owner of the Lot or Condominium that has been assessed, and (vi) if the lien is to be enforced by nonjudicial foreclosure, the name and address of the trustee authorized by the Association to enforce the lien by sale. The Notice of Delinquent Assessment must be signed by an authorized Association officer or agent and must be mailed in the manner required by Section 2924b of the California Civil Code to the Owner of record of the Lot or Condominium no later than (10) calendar days after Recordation. The lien relates only to the individual Lot or Condominium against which the Assessment was levied and not to the Properties as a whole. (iv) Exceptions. Assessments described in Section 1367(c) of the California Civil Code and Section 2792.26(c) of the California Code of Regulations may not become a lien against an Owner's Unit enforceable by sale of the Unit under Sections 2924, 2924(b) and 2924(c) of the California Civil Code. (v) Application of Payments. Delinquent Assessments paid by an Owner shall be applied first to Assessments owed and then to interest, late charges and collection costs. If requested by an Owner, the Association shall provide the Owner with a receipt for payment of delinquent Assessments which receipt shall include the date of receipt of payment and the name of the individual receiving receipt. The Association shall provide a mailing address for overnight payment of Assessments. (vi) Release of Lien. Within twenty-one (21) days following (a) payment of the full amount claimed in the Notice of Delinquent Assessment, or other satisfaction thereof, or (b) discovery by the Board that the lien was recorded in error, the Board shall cause to be Recorded a Notice of Satisfaction and Release of Lien ("Notice of Release', stating the satisfaction and release of the amount claimed. The Board may require the Owner to pay a reasonable charge for preparing and Recording the Notice of Release. Any purchaser or encumbrancer who has acted in good faith and extended value may rely on the Notice of Release as conclusive evidence of the full satisfaction of the sums identified as owed in the Notice of Delinquent Assessment. 5.9.3 Enforcement of Liens. Except as otherwise provided herein and in any applicable provisions of the California Civil Code, the Association may enforce the collection of amounts due under this Declaration as follows: (i) Judicial or Non-Judicial Foreclosure. If (i) the amount of a delinquent Assessment exceeds eighteen hundred dollars ($1,800.00) ( excluding accelerated Assessments, late charges, fees and costs of collection, attorneys' fees and interest) or (ii) an Assessment is more than twelve (12) months past due, the Association may enforce collection of SDH\30447.0001\361227.7 6/7/2007 -18- Packet Page 1666 the amount due by using judicial or nonjudicial foreclosure, provided that the Association must comply first with the requirements of Section 1367.4(c) of the California Civil Code. The foreclosure sale shall be conducted in accordance with the provisions of the California Civil Code applicable to the exercise of powers of sale in Mortgages, or in any manner permitted by law. The Association may sue to foreclose the lien if (a) at least thirty (30) days have elapsed since the date on which the Notice of Delinquent Assessment was Recorded and (b) at least ten (10) days have elapsed since a copy of the Notice of Delinquent Assessment was mailed to the Owner affected thereby. The Association may bid on the Lot or Condominium at foreclosure sale, and acquire and hold, lease, mortgage and convey the same. On completion of the foreclosure sale, the Association or the purchaser at the sale may file suit to secure occupancy of the defaulting Owner's Lot or Condominium, and the defaulting Owner shall be required to pay the reasonable rental value for the Lot or Condominium during any period of continued occupancy by the defaulting Owner or any persons claiming under the defaulting Owner. Notwithstanding the foregoing, a nonjudicial foreclosure by the Association to collect a debt for delinquent Assessments shall be subject to a right of redemption. The redemption period shall expire ninety (90) days after the foreclosure sale. (ii) Civil Action in Small Claims Court. If the amount of a delinquent Assessment does not exceed eighteen hundred dollars ($1,800.00) ( excluding accelerated Assessments, late charges, fees and costs of collection, attorneys' fees and interest), the Association may not enforce the collection of the amount due by judicial or nonjudicial foreclosure, but may collect such amount by a civil action in small claims court pursuant to Sections 116.110 et seq. of the California Code of Civil Procedure. The amount of a delinquent Assessment which may be recovered in small claims court may not exceed the jurisdictional limits of the court and shall be the sum of (i) the amount owed as of the date of filing of the complaint in the proceeding and (ii) in the discretion of the court, an additional amount equal to the amount owed for the period from the date the complaint is filed until satisfaction of the judgment, which total amount may include without limitation any reasonable late charges, fees and costs of collection, attorneys' fees and interest. (iii) Other Legal Remedies. Subject to the limitations set forth in Section 1367.4 of the California Civil Code, the Association may enforce the collection of amounts due under this Declaration in any other manner provided by law. Any suit to recover a money judgment does not affirm the adequacy of money damages. Any recovery resulting from a suit at law or in equity initiated pursuant to this Section may include reasonable attorneys' fees as fixed by the court. 5.9.4 Priority of Assessment Lien. Mortgages Recorded before a Notice of Delinquent Assessment have lien priority over the Notice of Delinquent Assessment. Sale or transfer of any Lot or Condominium does not affect the Assessment lien, except that the sale or transfer of any Lot or Condominium pursuant to judicial or nonjudicial foreclosure of a first Mortgage extinguishes the lien of such Assessments as to payments which became due before such sale or transfer. No sale or transfer relieves such Lot or Condominium from liens for any Assessments thereafter becoming due. No Person who obtains title to a Lot or Condominium pursuant to a judicial or nonjudicial foreclosure of the first Mortgage is liable for the Assessments chargeable to such Lot or Condominium which became due before the acquisition SDH\30447.0001\361227.7 6/7/2007 -19- Packet Page 1667 of title to the Lot or Condominium by such Person. Such Assessments are a Common Expense collectible from all Owners including such Person. 5.9.5 Receivers. In addition to the foreclosure and other remedies granted the Association in this Declaration, each Owner, by acceptance of a deed to such Owner's Lot or Condominium, conveys to the Association all of such Owner's right, title and interest in all rents, issues and profits derived from and appurtenant to such Lot or Condominium, subject to the right of the Association to collect and apply such rents, issues and profits to any delinquent Assessments owed by such Owner, reserving to the Owner the right, before any default by the Owner in the payment of Assessments, to collect and retain such rents, issues and profits as they may become due and payable. On any such default the Association may, on the expiration of thirty (30) days following delivery to the Owner of the "Notice of Delinquent Assessment" described in this Declaration, either in person, by agent or by receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness secured by the lien described in this Declaration, (a) enter in or on and take possession of the Lot or Condominium or any part thereof, (b) in the Associat~on's name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and (c) apply the same, less allowable expenses of operation, to any delinquencies of the Owner, and in such order as the Association may determine. The entering upon and taking possession of the Lot or Condominium, the collection of rents, issues and profits and the application thereof, shall not cure or waive any default or notice of default under this Declaration or invalidate any act done pursuant to such notice. 5.10. Mortgage Protection-Liens. Subject to Section 5.9.2(i) above, no lien created under this Article V, nor any breach of this Declaration, nor the enforcement of any provision hereof shall defeat or render invalid the rights of the Beneficiary under any Recorded Deed of Trust upon a Lot or Condominium Unit, made in good faith and for value. After a Beneficiary or other Person obtains title to a Lot or Condominium Unit by judicial foreclosure or by means of the powers set forth in such Deed of Trust, the Lot or Condominium Unit shall remain subject to the Restrictions and the payment of all installments of assessments and other obligations, accruing after the date the Beneficiary or other Person obtains title. ARTICLE VI DESTRUCTION OR CONDEMNATION OF ASSOCIATION PROPERTY Damage to, destruction or condemnation of all or any portion of the Association Property shall be handled in the following manner: 6.1. Damage by Owners. To the extent permitted by law, each Owner is liable to the Association for any damage to the Association Property not fully reimbursed to the Association by insurance (including any insurance policy deductible amounts) if the damage is sustained because of the negligence, neglect, willful misconduct or unauthorized or improper installation or maintenance of any Improvement by the Owner, and its Owner Representatives or any other Persons deriving their right and easement of use and enjoyment of the Association Property from the Owner, or Owner Representative. However, the Association, acting through the Board, may determine whether any claim will be made upon the insurance maintained by the Association, and after Notice and Hearing the Association may levy a Special Assessment equal to the SDH\30447.0001\361227.7 6/7/2007 -20- Packet Page 1668 increase, if any, in insurance premiums directly attributable to the damage caused by the Owner or the Person for whom the Owner may be liable as described above. In the case of joint ownership of a Lot or Condominium Unit, the liability of the Owners is joint and several, except to the extent that the Association has previously contracted in writing with the joint Owners to the contrary. After Notice and Hearing, the cost of correcting the damage, to the extent not reimbursed to the Association by insurance, shall be a Special Assessment. 6.2. Repair of Damages. If Association Property Improvements are damaged by fire or other casualty, any insurance proceeds payable by reason thereof shall be paid to the Association, which thereupon shall contract for the repair or replacement of all the Association Property Improvements so damaged. The Association shall levy a Reconstruction Assessment on Owners to satisfy any deficiency between insurance proceeds and the actual cost of repair or replacement in the same manner and proportion that Common Assessments are levied against and collected from Owners. 6.3. Condemnation of Association Property. If all or any portion of the Association Property, or any interest therein, is taken by right of eminent domain or by private purchase in lieu of eminent domain, the award in condemnation shall be paid to the Association and deposited in the applicable Maintenance Fund. 6.4. Condemnation of a Lot. If there is a taking of a Lot, the award in condemnation shall be paid to the Owner of the Lot; however, such award shall first be applied to the balance then due on any Mortgages encumbering such Owner's Lot, in order of priority. 6.5. Notice to Owners and Listed Mortgagees. The Board of Directors immediately upon learning of any taking by eminent domain of any Association Property, or any threat thereof, shall promptly notify all Owners whose Lots or Condominium Units are subject to Common Assessments for the maintenance of such Association Property, and all Record holders of first Mortgages on such Owners' Lots or Condominium Units. The Board, immediately upon learning of any damage or destruction affecting a material portion of the Association Property, shall promptly notify all Owners whose Lots or Condominium Units are subject to Common Assessments for the maintenance of such Association Property, and all holders of first Mortgages on Lots or Condominium Units who have filed a written request for such notice. ARTICLE VII DECLARANT EXEMPTION Each Owner of a Lot or Condominium Unit which is part of the Properties acknowledges by acceptance of a deed or other conveyance therefore, whether or not it shall be so expressed in any such deed or other instrument, that Declarant has a substantial interest in assuring compliance with and enforcement of, the covenants, conditions, restrictions and reservations contained in this Declaration and any amendments thereto. Notwithstanding any other provisions of the Restrictions, until Declarant no longer owns a Lot or Condominium Unit in the Properties, neither the Association nor any of its Members shall do anything to interfere with Declarant's development activities for the Properties (including without limitation those described below), and nothing in this Declaration shall be understood or construed to: (a) prevent Declarant or its contractors or subcontractors, from doing on any Lot or Condominium SDH\30447.0001\361227.7 6/7/2007 -21- Packet Page 1669 Unit owned or controlled by Declarant whatever Declarant determines to be necessary or advisable in connection with the completion of such work, including without limitation the alteration of construction plans and designs as Declarant deems advisable in the course of development; or (b) prevent Declarant or its representatives, from erecting, constructing and maintaining on any portion of the Properties owned or controlled by Declarant, or its contractors or subcontractors, such structures as may be reasonably necessary for the conduct of its business of completing such work and disposing of the Lots and Condominium Units by sale, resale, lease or otherwise; or (c) prevent Declarant or its contractors or subcontractors, from conducting on any Lot owned or controlled by Declarant, its business of developing, altering, subdividing, grading and constructing Improvements to and on any portion of the Properties and of disposing thereof by sale, resale, lease or otherwise; or (d) prevent Declarant or its contractors or subcontractors, from maintaining such sign or signs on any portion of the Properties owned or controlled by Declarant as may be necessary in connection with the sale, resale, lease or other marketing of Lots and Condominium Units in the Properties; or (e) prevent Declarant, at any time prior to acquisition of title to a Lot or Condominium Unit by a purchaser from Declarant, to establish on that Lot or Condominium Unit additional licenses, reservations and rights-of-w~y to itself, to utility companies, or to others as may from time to time be reasonably necessary to the proper development and disposal of the Properties. Without limiting the generality of the foregoing, no approval or consent of the Association or its Members shall be required for any change by Declarant of the Improvements on the Association Property or the Association Property, including without limitation any relocation or modification of driveways or walkways thereon. Prospective purchasers and Declarant may use any and all portions of the Association Property for access to the sales and leasing facilities of Declarant. All or any portion of the rights of Declarant, hereunder and elsewhere in these Restrictions may be assigned by Declarant, to any successor in interest to any portion of Declarant's interest in any portion of the Properties by an express Recorded written assignment which specifies the rights of Declarant so assigned. ARTICLE VIII INSURANCE 8.1. Casualty Insurance. The Board shall obtain and maintain fire and casualty insurance with extended coverage for loss or damage to all insurable Improvements which are a part of, or are located on, the Association-Property for the full replacement cost thereof without deduction for depreciation or coinsurance, and may obtain insurance against such other hazards and casualties as the Association may deem desirable. The Association may also insure any other real or personal property it owns against loss or damage by fire and such other hazards as the Association may deem desirable, with the Association as 'the owner and beneficiary of such insurance. The policies insuring the Association Property must be written in the name of, and the proceeds thereof must be payable to the Association. Unless the applicable insurance policy provides for a different procedure for the filing of claims, all claims made under such policy must be sent to the insurance carrier or agent, as applicable, by certified mail and be clearly identified as a claim. The Association shall keep a record of all claims made. The Association shall use insurance proceeds to repair or replace the property for which the insurance was carried. SDH\30447.0001\361227.7 6/7/2007 -22- Packet Page 1670 8.2. Insurance Obligations of Owners. Each Owner of a Lot shall obtain adequate casualty insurance and fire insurance in an amount as near as possible to the replacement cost, without deduction for depreciation or coinsurance, of all of the Improvements owned by such Owner. Each Lot and Condominium Unit Owner shall maintain fire and extended coverage insurance on the personal property and fixtures and other Improvements located within such Lot or Condominium Unit. Each Owner shall carry public liability insurance to cover its individual liability for damage to persons or property occurring upon its Lot or within its Condominium Unit, as applicable, or elsewhere upon the Properties, in any manner arising out of the use of such Owner's Lot or Condominium Unit. Such insurance shall be obtained and maintained with commercially reasonable limits and deductibles. If any loss intended to be covered by insurance carried by the Association shall occur and the proceeds payable thereunder shall be reduced by reason of insurance carried by any Owner, such Owner shall assign the proceeds of such insurance carried by him to the Association, to the extent of such reduction, for application by the Board to the same purposes as the reduced proceeds are to be applied. 8.3. Waiver of Subrogation. All policies of physical damage insurance the Association maintains must provide, if reasonably possible, for waiver of: (i) any defense based on coinsurance; (ii) any right of setoff, counterclaim, apportionment, proration or contribution due to other insurance not carried by the Association; (iii) any invalidity, other adverse effect or defense due to any breach of warranty or condition caused by the Association, any Owner or any tenant of any Owner, or arising from any act or omission of any named insured or the respective agents, contractors and employees of any insured; (iv) any rights of the insurer to repair, rebuild or replace, and, if any Improvement is not repaired, rebuilt or replaced following loss, any right to pay under the insurance an amount less than the replacement value of the Improvements insured; (v) notice of the assignment of any Owner of its interest in the insurance by virtue of a conveyance of any Lot or Condominium Unit; (vi) any denial of an Owner's claim because of negligent acts by the Association or other Owners; or (vii) prejudice of the insurance by any acts or omissions of Owners that are not under the Association's control. As to each policy of insurance the Association maintains which will not be voided or impaired thereby, the Association hereby waives and releases all claims against the Board, the Owners, the Association Manager and Declarant, and the agents and employees of each of the foregoing, with respect to any loss covered by such insurance, whether or not caused by negligence or breach of any agreement by such Persons, but only to the extent that insurance proceeds are received in compensation for such loss. 8.4. Liability and Other Insurance. The Association shall obtain comprehensive public liability insurance, including medical payments and malicious mischief, in such limits as it deems desirable with such minimum limits as are set forth in Section 1365.9 of the California Civil Code, insuring against liability for bodily injury, death and property damage arising from the Association's activities or with respect to property the Association maintains or is required to maintain including, if obtainable, a cross-liability endorsement insuring each insured against liability to each other insured. The Association may also obtain Worker's Compensation insurance and other liability insurance as it may deem desirable. The Board shall review all· insurance policies at least annually and adjust the limits in its discretion. The Board may also obtain such errors and omissions insurance, indemnity bonds, fidelity insurance and other insurance as it deems advisable, insuring the Board, the Association's officers and the Association Manager against any liability for any act or omission in carrying out their SDH\30447.0001\361227.7 6/7/2007 -23- Packet Page 1671 obligations hereunder, or resulting from their membership on the Board or on any committee thereof. However, fidelity insurance coverage which names the Association as an obligee must be obtained by or on behalf of the Association for any Person handling Association funds, including, but not limited to, Association officers, directors, employees and agents and Association Manager employees, whether or not such Persons are compensated for their services, in an amount not less than the estimated maximum of funds, in the Association's or Association Manager's custody during the term of such fidelity insurance. The aggregate amount of such bonds may not be less than one-fourth (1/4) of the Common Assessments on all Lots and Condominium Units in the Properties. ARTICLE IX MrscELLANEOUS 9.1. Term and Termination. This Declaration continues in full force until an instrument terminating this Declaration satisfying the requirements of an amendment to this Declaration as set forth in Section 9.2 of this Article is Recorded. 9 .2. Amendments. 9.2.1 By Declarant. So long as Declarant owns all or any portion of the Properties, this Declaration may be amended by Recording a written instrument signed by Declarant setting forth such amendment. Such amendment by Declarant shall not require the . approval of the other Owners. 9.2.2 By Owners. The provisions of this Declaration may be amended by Recording an instrument, signed and acknowledged by Declarant (for so long as Declarant owns a Lot or Condominium Unit in the Properties) and two (2) officers of the Association, setting forth the amendment and certifying that such amendment has been approved by Owners representing more than fifty percent (50°/o) of the voting power of the Association and the requisite percentage of holders and insurers of first Mortgages, in the case of those amendments which this Declaration requires to be approved by first Mortgagees. Amendments shall be effective upon Recordation. So long as Declarant owns a Lot or Condominium Unit in the Properties there shall be no amendment to the Restrictions without Declarant's written approval. 9.2.3 Approval of First Mortgagees. Notwithstanding the foregoing, any of the following amendments, to be effective, must be approved by more than fifty percent (50%) of first Mortgagees who have requested the Association to notify them of proposed action requiring the consent of a specified percentage of first Mortgagees, based upon the Class A and/or Class B votes allocated to a Lot or Condominium Unit, as applicable, pledged as security for the respective first Mortgage: • (i) Rights of Lenders. Any amendment which affects or purports to affect the validity or priority of encumbrances or the rights or protections granted to . Beneficiaries _of first Mortgages. (ii) Lien Priority. Any amendment which would necessitate a Mortgagee after it has acquired a Lot or Condominium Unit through foreclosure to pay more SDH\30447.0001\361227.7 6/7/2007 -24- Packet Page 1672 than its proportionate share of any unpaid assessment or assessments accruing after such foreclosure. (iii) Forfeitures and Taxes. Any amendment which would or could result in (a) an encumbrance being cancelled by forfeiture, or (b) an individual Lot or Condominium Unit not being separately assessed for tax purposes. (iv) Insurance and Condemnation. Any amendment relating to the insurance provisions of Article VIII, to the application of insurance proceeds or the disposition of any money received in any taking under condemnation proceedings. (v) Termination and Subdivision. Any amendment which would or could result in termination or abandonment of the Properties or partition or subdivision of a Lot in any manner inconsistent with the provisions of this Declaration; provided that termination of the legal status of the Properties as a common interest development for reasons other than substantial destruction or condemnation of the Properties must be approved by the institutional Record holders of more than fifty percent ( 50%) of the first Mortgages at the time of such amendment. Any approval by a holder of a first Mortgage required under this Section 9.2.3, or required pursuant to any other provisions of the Restrictions, must either be given in writing, or is deemed given if, within thirty (30) days after receipt of written notice of the proposed action sent via registered or certified mail, return receipt requested, the holder does not submit a written response to the notice. 9.2.4 Certification. A certificate, signed and sworn to by two (2) officers of the Association that Members representing more than fifty percent (50%) of the voting power of the Association have voted for any amendment adopted as provided in 9.2.2 above, w~en Recorded, shall be conclusive evidence of that fact. The certificate reflecting any termination or amendment which requires the consent of any of the record holders of first Mortgages shall include a certification that the requisite approval of such holders of first Mortgages has been obtained or waived. The certificate reflecting any termination or amendment requiring Declarant's consent shall be signed and acknowledged by Declarant. The Association shall maintain in its files the record of all such votes and Mortgagee consent solicitations and disapprovals for a period of at least four (4) years. 9.3. Mortgagee Protection-General. Notwithstanding any other provision of this Declaration, no amendment or violation of this Declaration will defeat or render invalid the rights of the BenefiGiary under any Deed of Trust made in good faith and for value, and Recorded prior to the Recordation of such amendment ( or a Notice of Delinquent Assessment Recorded pursuant to Section 5.9). After the foreclosure of any such Deed of Trust such Lot or Condominium Unit remains subject to this Declaration, as amended. Notwithstanding any and all provisions of this Declaration to the contrary, in order to induce Lenders to participate in the financing of Lots and Condominium Units within the Properties, the following provisions are added hereto: SDH\30447.0001\361227.7 6/7/2007 -25- Packet Page 1673 9.3.1 Notice of Default. Each Beneficiary of a first Mortgage encumbering any Lot or Condominium Unit upon filing a written request for notification with the Board, is entitled to written notification from the Association of (i) any condemnation or casualty loss which affects either a material portion of the Properties or the Lot or Condominium Unit securing the respective first Mortgage; (ii) any delinquency of sixty (60) days or more in the performance by the Owner of such Lot or Condominium Unit of any obligation arising pursuant to this Declaration, including without limitation the payment of assessments or charges owed by the Owner of the Lot or Condominium Unit securing the respective first Mortgage, which notice each Owner hereby consents to and authorizes; (iii) a lapse, cancellation, or material modification of any policy of insurance or fidelity bond maintained by the Association; and (iv) any proposed action of the Association which requires consent by a specified percentage of first Mortgagees. 9.3.2 Lien Priority. Each first Mortgagee of a Mortgage encumbering any Lot or Condominium Unit and Recorded prior to a Notice of Delinquent Assessment pursuant to Section 5.9 which obtains title to such Lot or Condominium Unit pursuant to judicial foreclosure or the powers provided in such Mortgage takes title to such Lot or Condominium Unit free and clear of any claims for unpaid assessments or charges against such Lot or Condominium Unit which accrued prior to the time such Mortgagee acquires title to such Lot or Condominium Unit. 9.3.3 Books and Records. All Beneficiaries of first Mortgages on Lots or Condominium Units, upon written request to the Association, may examine current copies of the Association's books, records and financial statements and the Restrictions during normal business hours, and may require the Association to submit an annual financial statement for the preceding fiscal year without expense to the entity requesting the statement within one hundred twenty ( 120) days of the end of the fiscal year. 9.3.4 Mortgagee Notices. All Beneficiaries of first Mortgages who have filed a written request with the Association shall be given (i) written notice prior to the effective date of any proposed, material amendment to this Declaration or the Articles or Bylaws; (ii) written notice of all meetings of the Members and the right to designate in writing a representative who shall be authorized to attend all such meetings; and (iii) immediate written notice as soon as the Board receives notice or otherwise learns of any damage to the Association Property whenever the cost of reconstruction exceeds One Hundred Thousand Dollars ($100,000), and as soon as the Board receives notice or otherwise learns of any condemnation or eminent domain proceedings or other proposed acquisition, with respect to any portion of the Properties. 9.3.5 Association Property Taxes. First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any Association Property and may pay any overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such property, and first Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. 9.4. Notices. Any notice permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered two (2) business days after a copy of the same has been SDH\30447.0001\361227.7 6/7/2007 -26- Packet Page 1674 deposited in the United States mail, postage prepaid, addressed to any Person at the address given by such Person to the Association for the purpose of service of such notice of such Person if no address has been given to the Association. Such address may be ch_anged from time to time by notice in writing to the Association. 9.5. Enforcement and Non-Waiver. 9.5.1 Right of Enforcement. Subject to Sections 1354 and 1375 of the California Civil Code and Sections 9.5.7, 9.5 .. 8 and 9.12 below, the Association, the successors­ in-interest of the Association, any Owner and Declarant (so long as Declarant owns a Lot or Condominium Unit in the Properties), may enforce any of the provisions of the Restrictions against any portion of the Properties which is in noncompliance, and against each Owner, the Association, or any other Person responsible for the noncompliance. Such right shall include proceedings for damages, as well as proceedings to enjoin any violation of the Restrictions. The City shall also have the right, but not the obligation, to enforce any provisions of this Declaration. 9.5.2 Violations are Nuisance. Every act or omission whereby any provision of the Restrictions is violated in whole or in part is declared a nuisance and every remedy allowed by law or equity against a nuisance, either public or private, is applicable against every such violation and may be exercised as provided in Section 9.5.1 above. 9.5.3 Violation of Law. Any violation of any state, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of any of the Properties is a violation of the Restrictions and subject to all of the enforcement procedures set forth in the Restrictions. 9.5.4 Remedies Cumulative. Each remedy provided by the Restrictions is cumulative and not exclusive. The Association may, without waiving the right to enforce its lien against the Lot or Condominium Unit, bring a suit at law to enforce each assessment obligation. 9.5.5 No Waiver. Failure to enforce any provision of the Restrictions does not waive the right to enforce that provision, or any other provision thereof. 9.5.6 Special Assessment. If any Owner violates the Restrictions, the Board may, after Notice and Hearing and in addition to the other remedies available, impose a reasonable Special Assessment upon such Owner for each violation and may as further provided in the Bylaws. The Board may also adopt a schedule of reasonable fines or penalties which, in its reasonable discretion, it may assess against an Owner for failure of the Owner or such Owner Representatives, to comply with any provision of the Restrictions, other than Article V hereof. Such fines or penalties may only be assessed by the Board after Notice and Hearing. 9.5.7 Notice of Noncompliance. After notice and hearing, the Board may direct the officers of the Association to Record a notice of noncompliance against a Lot or Condominium Unit owned by any Member of the Association who has violated any provision of this Declaration. The notice shall include a legal description of the Lot or Condominium Unit and shall specify the provision of this Declaration that was violated, the violation committed, and the steps required to remedy the noncompliance. Once the noncompliance is remedied or the SDH\30447.0001\361227.7 6/7/2007 -27- Packet Page 1675 noncomplying Owner has taken such other steps as reasonably required by the Board, the Board shall direct the officers of the Association to Record a notice that the noncompliance has been remedied. 9.5.8 Limitation on Expenditures. The Association may not incur litigation expenses, including without limitation attorneys' fees, or borrow money to fund litigation, where the Association initiates legal proceedings or is joined as a plaintiff in legal proceedings, unless the Association first obtains the approval of more than fifty percent (50%) of the voting power of the Association ( excluding the voting power of any Owner who would be a defendant in such proceedings), and, if applicable, complies with the requirements of Section 1354 of the California Civil Code. Such approval is not necessary if the legal proceedings are initiated (i) to enforce the design control provisions contained in Article IV, (ii) to collect any unpaid assessments levied pursuant to this Declaration, or (iii) as a cross-complaint in litigation to which the Association is already a party. If the Association decides to borrow funds to pay for any litigation or pay for litigation from funds other than operating funds, such notice shall provide an explanation of why the litigation is being initiated or defended, why operating funds cannot be used, how and when the loan or other funds will be repaid, and a proposed budget for the litigation. The notice must state that the Members have a right to review an accounting for the litigation which will be available at the Association's office. The accounting shall be updated monthly. 9.6. Interpretation. 9.6.1 Restrictions Construed Together. The Restrictions shall be liberally construed to effectuate the fundamental concepts of the Properties as set forth in the Preamble to this Declaration. The Restrictions shall be interpreted so as to be consistent with applicable laws and regulations, including ordinances and regulations of the City, the County and other applicable governmental entities. The Restrictions shall be construed and governed by the laws of the State of California. 9.6.2 Restrictions Severable. Notwithstanding the provisions of Section 9.6.1, each of the provisions of the Restrictions is independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision. 9.6.3 Singular Includes Plural. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine, feminine and neuter. 9.6.4 Captions. All captions and titles in this Declaration are solely for convenience of reference and do not affect that which is set forth in any of the provisions hereof. 9.6.5 Time Periods. Except as otherwise expressly provided herein, any reference in this Declaration to time for performance of obligations or to elapsed time means consecutive calendar days, months, or years, as applicable. 9. 7. Reservation of Easements. Declarant hereby reserves to itself together with the right to transfer same easements of access, ingress and egress over the Properties for installation SDH\30447.0001\361227.7 6/7/2007 -28- Packet Page 1676 and maintenance of utilities and drainage facilities shown on a Subdivision Map or Maps for the Properties and for construction, installation, operation, replacement, repair and maintenance of all utility and service lines, systems and other devices and other Improvements which may be reasonably necessary for the development and marketing of Lots and Condominium Units within the Properties, including, but not limited to, water, sewer, gas, telephone, electrical, television and storm drain and water lines (collectively the "Facilities"). Within the location of the Facilities' easements and rights of way, no Improvement shall be planted or placed which may interfere with the use, maintenance or operation of the Facilities or which may be in violation of any ordinance or law of any applicable governmental authority. 9.8. No Public Right of Dedication. Nothing in this Declaration is a gift or dedication of all or any part of the Properties to the public, or for any public use: 9.9. Disclosures. Every person who owns, occupies or acquires any right, title, estate or interest in or to any Lot or Condominium Unit or other portion of the Properties agrees to every limitation, restriction, easement, reservation, condition and covenant contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person acquired an interest in the Properties. 9.10. No Representations or Warranties. No representations or warranties of any kind, express or implied, have been given or made by Declarant or its agents or employees in connection with the Properties or any portion of the Properties, or any Improvement thereon, its physical conditions, zoning, compliance with applicable laws, fitness for intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof, except as specifically and expressly set forth in this Declaration. 9.11. Standard of Care, NonliabiHty. 9.11.1 Scope of Powers and Standard of Care. (i) General Scope of Powers. Rights and powers conferred on the Board or other committees or representatives of the Association by the Restrictions are not duties, obligations or disabilities charged upon those Persons unless the rights and powers are explicitly identified as including duties, obligations or disabilities in the Restrictions or in applicable law. Unless a duty to act is imposed on the Board, or other committees or representatives of the Association by the Restrictions or applicable law, the Board and the committees have the right to decide to act or not act. Any decision to not act is not a waiver of the right to act in the future. (ii) Business Affairs. This Subsection 9.11.1 (ii) applies to Board member actions in connection with management, personnel, maintenance and operations, insurance, contracts and finances. Each Board member shall perform the duties of a Board member in good faith, in a manner such Board member believes to be in the best interests of the Association and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. When performing his duties, a Board member is entitled to rely on information, opinions, reports or statements, including financial statements and other financial data, in each case prepared or presented by: SDH\30447.0001\361227.7 6/7/2007 -29- Packet Page 1677 (1) One or more officers or employees of the Association whom the Board member believes to be reliable and competent in the matters presented; (2) Counsel, independent accountants or other Persons as to matters which the Board member believes to be within such Person's professional or expert competence; or (3) A committee of the Board upon which the Board member does not serve, as to matters within its designated authority, which committee the director believes to merit confidence, so long as, in any such case, the director acts in good faith, after reasonable inquiry when the need therefore is indicated by the circumstances and without knowledge that would cause such reliance to be unwarranted. (4) This Subsection 9.11. l(ii) is intended to be a restatement of the business judgment rule established in applicable law as it applies to the Association. All amendments, modifications, restatements and interpretations of the business judgment rule appl_icable to the Association shall be interpreted to amend, modify, restate or interpret this Subsection 9.11. l(ii). (iii) Association Governance. This Subsection 9.11.1 (iii) applies to Board actions and committee decisions in connection with interpretation and enforcement of the Restrictions, architectural and landscaping control, regulation of uses within the Properties, rule making and oversight of committees. Actions taken or decisions made in connection with these matters shall be reasonable, fair and nondiscriminatory. 9.11.2 Nonliability. (i) General Rule. No Person is liable to any other Person (other than the Association or a party claiming in the name of the Association) for injuries or damage resulting from such Person's acts or omissions when the acts or omissions are within what the Person reasonably believed to be the scope of the Person's Association duties ("Official Acts''), except to the extent that injuries or damage result from the Person's willful or malicious misconduct. No Person is liable to the Association (or to any party claiming in the name of the Association) for injuries or damage resulting from such Person's Official Acts, except to the extent that such injuries or damage result from such Person's willful or malicious misconduct. The Association is not liable for damage to property in the Properties unless caused by the negligence of the Association, the Board, the Association's officers, the Manager or the Manager's staff. (ii) Nonliability of Volunteer Board Members and Officers. A volunteer Board member or volunteer Association officer shall not be personally liable to any Person who suffers injury, including without limitation bodily injury, emotional distress, wrongful death or property damage or loss as a result of the tortious act or omission of the volunteer officer or Board member if all of the applicable conditions specified in Section 1365. 7 of the California Civil Code, as modified, amended, or replaced, are met. 9.12. Arbitration of Disputes. Any disputes between all or any of (a) the Association and/or any Owner(s) and (b) the Declarant or any member, director, officer, partner, agent or SDH\30447.0001\361227.7 6/7/2007 -30- Packet Page 1678 employee of Declarant ( collectively, "Declarant Parties") arising under this Declaration or relating to the Properties ( excluding disputes solely between Declarant and any other Declarant Party or Parties and disputes regarding payment of assessments) shall be submitted to final and binding arbitration before Judicial Arbitration and Mediation Services, Inc. ( "JAMS', or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Section I et seq. ("Arbitration',. Any party may commence the Arbitration process by filing a written demand for arbitration with the JAMS office located in the County, with a copy to the other party(ies). The parties will cooperate with the JAMS and with one another in selecting an arbitrator from the JAMS panel of arbitrators, and in scheduling the Arbitration proceedings. The parties will share equally in its costs, unless the arbitrator orders otherwise. The provisions of this Section may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, to be paid by the party(ies) against whom enforcement is ordered. EACH OWNER, BY ACCEPTANCE OF A DEED TO A LOT OR CONDOMINIUM, AND THE ASSOCIATION, BY ACCEPTANCE OF A DEED TO THE ASSOCIATION PROPERTY, ACKNOWLEDGES AND AGREES THAT (A) ALL DISPUTES DESCRIBED ABOVE SHALL BE RESOLVED BY ARBITRATION AND (B) TO THE EXTENT PERMITTED BYLAW, EACH SUCH OWNER AND THE ASSOCIATION, AS APPLICABLE, IS GIVING UP ANY RIGHTS IT MIGHT POSSESS TO HAVE THOSE MATTERS LITIGATED IN A COURT OR JURY TRIAL. [SIGNATURES ON FOLLOWING PAGE} SDH\30447.0001\361227.7 6/7/2007 -31- Packet Page 1679 [SIGNATURE PAGE TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS FOR WATERMAN BUSINESS CENTER] Declarant has executed this D.eclaration as of the date set forth below. Dated: CfW1e..--I 2-, 2007 SDH\30447.0001\361227.7 6/7/2007 WA TERMAN BP, LLC, a California limited liability company By: SEVENTH STREET DEVELOPMENT, LLC, a California limited liability company Its: Manager By: Its: -32- Packet Page 1680 ST ATE OF CALIFORNIA ) COUNTY OF I t,S ~ 1_3 ~ ss On .\ )Y'\, a . \ 1-, 200.J.,. before me, ~....:::e~u...a....Lv:o..::::.:....__'\--+-·-'-M....::::.....:....!.. 1 :].-0~ ..... ~f._-_;J Notary Public, personally appeared -----= t!..i'---'~-'-O-\=~--=-+-S-J..L-::=-V-=------0-11-; 3.-.J.,.S.,__ _______ _ personally known to me ~f J'ffl (ea te me on the basis of satisfaetory e•,•teenee~ to be the perso~ whose nam~ islftre.subscribed to the within instrument and acknowledged to me that he~she/they executed the same in hisfher/thcii authorized capacity(ies), and that by hi~,'hctftheir signatur~ on the instrument the personfs'), or the entity upon behalf of which the perso~ acted, executed the instrument. ' WITNESS my hand and official seal. ST A TE OF CALIFORNIA COUNTY OF _____ _ ) ) ss ) (SEAL) On ________ , 200_, before me, _____________ ___, Notary Public, personally appeared ____________________ _ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the person( s ), or the entity upon behalf of which the person( s) acted, executed the instrument. WITNESS my hand and official seal. Signature _____________ _ (SEAL) SDH\30447.0001\361227.7 6/7/2007 -33- Packet Page 1681 ILLEGIBLE NOTARY SEAL DECLARATION GOVERNMENT CODE 27361.7 I certify under penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: . Name of Notary __ ___.,_( .... M...:...L~(;\-=------'-Y-'-.__..:]);:__r_i_-zo-=--5=------------- Commission Number ____ _.i_7-=.....3o<Q'-=U;.._3=-?L-L? ____________ _ Date Commission Expires. ___ ....aN_O"'----'-\/_,_J-_o ___ , -=J-o __ l_D __________ _ County Where Bond is Filed. ___ ----'--L_o;:;...._;;_s_____;A-vl....:......:.....:.,,B~e::;......,..:fes""""'"----------- Place of Execution of this Declaration Irvine CA 92614 ~=--=-'--""=-=-='-'-------------- Date. ____ ____,,Ji~IAM ............... :t:,...""'---=i_,,&½/.___,,r/:...._~:e::.....co:e::.....c7~--------- ~ Q_ ~~ LandAmerica Commercial Services Packet Page 1682 SUBORDINATION The undersigned, as Beneficiary of the beneficial interest in and under that certain Deed of Trust dated October 24, 2005, and recorded on October 27, 2005, in the Official Records of San Bernardino County, California, as Instrument No. 2005-0807833, which Deed of Trust is between Waterman BP, LLC, a California limited liability company, as Trustor, Commonwealth Land Title Company, as Trustee, and JPMorgan Chase Bank, N.A., as Beneficiary, hereby expressly subordinates such Deed of Trust and its beneficial interests thereunder to the foregoing Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Waterman Business Center ("Declaration'') and to all easements to be conveyed to the Association in accordance with the Declaration. By executing this Subordination, the undersigned agrees that should the undersigned acquire title to all or any portion of the Properties by foreclosure (whether judicial or nonjudicial), deed-in-lieu of foreclosure or any other remedy in or relating to the Deed of Trust, the undersigned will acquire title subject to the provisions.of the Declaration, which shall remain in full force and effect. • - Dated: _) "'/' {.. ) '3 , 2007 JPMORGAN CHASE BANK, N.A., a national banking By: By: SDH\30447.000 I \361227.7 6/7/2007 -34- Packet Page 1683 STATE OF CALIFORNIA COUNTY OF :tf\o._r ~ct9~ ) ) ss ) On :S, , "L \ ~ , 200 ..J.., before me, ~~~.,_:::~~~~~~~~__, Notary Public, personally appeared _i;;-~OL,J~:'.!:::a~u_k_:~~~1&:c~---.t.l...L..J:..L..-1..;~l...O!..~r:__ personally known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. , Signature_..:.-.,.c~~~~~~~~----- STA TE OF CALIFORNIA COUNTY OF 1¥\0l.ttcdf- ) ) ss ) OFFICIAL SEAL KELLY A. JACKOWSKI NOTARY PUBLIC.-ARIZONA MARICOPA COUNTY MY Comm. Expires Oct. 10, 2009 (SEAL) 0~ d ,>ct l?J , 20(Q_, beforeruie,µ~-....C...:...µ~~=LI1¥.:~~·--' N otary Puhl ic, personally appeared .L.~LJ/\l!t)~o-~-~L::....:....-.2.1\.l~: ~~~~.-l~~----1..i:b:~~~l.._ __ personally known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the person( s ), or the entity upon behalf of which the person( s) acted, executed the instrument. WITNESS my h d and official seal. ' OFFICIAL SEAL KELLY A. JACKOWSKI _ NOTARY PUBLIC -ARIZONA ~ i· ·,.,,, j MARICOPA COUNTY My Comm. 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Ji 8 I a: Ill i Packet Page 1686 EXHIBIT "B" ASSOCIATION PROPERTY The gravel infiltration trench, appurtenant catch basins and filter(s) servicing Lots 2 through 12 of Tract No. 18083 and the catch basins, storm drain pipes and filters on Lots 1 and 2 of Tract No. 18083. The Common Fire Water System. SDH\30447.0001\361227.7 6/7/2007 Packet Page 1687 EXHIBIT "C" DRAWINGS SHOWING COMMON DRIVEWAYS SDH\30447.0001\361227.7 6/7/2007 Packet Page 1688 \.,'" SIEEI E BQAD . I ' I I -1111 I 11 I n I I I I I I I 8 I I I I I I I I I I I I • •-~ j ., 11111111 lllllllllU 11111111 1111 II 11-~ / , , 11·11·11111 1111·n-1 111111 n 11111111 11111·0·11 r •• ..u I , ,_ -N i~ I, ~ I I lg hi -rtll • - -L :"i ..... . . - I ~ ~ ----J:I'-.~-m LEGEND j I I I J -I ~ COMMON DRIVEWAYS I ~ \ I UJ.I I I 11 I 11 11 1.U.1 11 1111 I 11 I 111 I I U I 11.H.I ''----ll"ll .. ./q ~~ /~~~;f;'l_]_lfl~;}ll.:tl_~~O~ ~16_11E_ll::;;;ll;f_Qlfl_~ll&;·ls ~\~ 11;;;0;;11~11:;;;l;;;;l l;;;;I ;;:;0;;;; II= 11= 11=1= lr7~~~L::j -------------=======----~-------------~ )"-----, ... '--- WATERMAN AV .... ENIJ.Jl'-£,IJE ___ _ --- 18710 S. Wilmington Ave., Suite 203 -EXHIBIT "C" Plot-nil< -g-- Associates Rancho Dominguez, California 90220 Tel: (310) 605-6657 Fax: (310) 605-6658 www.plotnik.com DRAWING SHOWING COMMON DRIVEWAYS SCALE: 1 "= 150' DATE: 4/27 /07 • CIVIL ENGINEERING • LAND SURVEYING BY: ' JEK JOB NO.: 278.00 Packet Page 1689 • EXHIBIT "D" PERCENTAGE SHARE OF COMMON EXPENSES Percentage Share of. Lot Common Expenses 3 8.51% 4 6.71% 5 5.77% 6 5.00% 7 5.01% 8 7.17% 9 6.85% 10 ,5.74% 11 5.88% 12 7.98% SDH\30447.000l\361227.7 6/7fl.007 Condo Unit A-1 A-2 A-3 A-4 A-5 A-6 A-7 A-8 A-9 A-10 A-12 A-13 A-14 B-1 B-2 B-3 B-4 B-5 B-6 B-7 B-8 B-9 B-10 B-11 B-12 B-13 B-14 Total for Lots and Condos: Percentage Share of Common Expenses 2.20% 1.08% 1.10% 1.10% 1.08% 1.08% 1.09% 1.09% 1.08% 1.08% 1.10% 1.08% 1.89% 2.36% 1.11 % 1.13% 1.13% 1.11 % 1.11 % 1.12% 1.12% 1.11 % 1.11% 1.13% 1.13% 1.11 % 2.45% 100.00% Packet Page 1690 E>CH ,a,r '1 e: II ARTICLES OF INCORPORATION OF WATERMAN BUSINESS CENTER ASSOCIATION ONE: The name of this corporation ("Corporation" herein) is WA TERMAN BUSINESS CENTER ASSOCIATION. TWO: A. This Corporation is a nonprofit mutual benefit corporation organized under the Nonprofit Mutual Benefit Corporation Law. The purpose of this corporation is to engage in any lawful act or activity, other than credit union business, for which a corporation may be organized under such law. B. The specific purpose of this Corporation is to operate an owners association to manage a common interest development under the Davis-Stirling Common Interest Development Act. THREE: The name and address in the state of California of this Corporation's initial agent for service of process is: Craig Furniss, 3780 Kilroy Airport Way, Suite 125, Long Beach, CA 90806. FOUR: Notwithstanding any of the above statements of purposes and powers, the Corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the specific purpose of this Corporation. FIVE: This Corporation is an association formed manage a common interest development under the Davis-Stirling Common Interest Development Act. SIX: This Corporation does not have a business office. The nine-digit zip code of the common interest development is 92408-0000. The front street and the nearest cross street to the common interest development are Industrial Road and Waterman A venue. SEVEN: The name and address of the association's managing agent is Mar West Real Estate, 202 Fashion Ln., Suite 221, Tustin, CA 92780. SDH\30447.0001\359624.I 6/7/2007 1 Packet Page 1691 The undersigned, who is the incorporator of the Corporation, has executed these Articles of Incorporation on :[yV)e, 12-, 2007. SDH\30447.0001\359624.J 6/7/2007 P~N~e: __ Q_~-~-\-~~~f-~_r_~_1&~5~_ "Incorporator" 2 Packet Page 1692 BYLAWS OF WA TERMAN BUSINESS CENTER ASSOCIATION Packet Page 1693 DESCRIPTION TABLE OF CONTENTS FOR BYLAWS OF WATERMAN BUSINESS CENTER ASSOCIATION PAGE ARTICLE I PLAN OF OWNERSHIP ...................... 7 ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 1 1.1. Definitions and Interpretation .................................................................................. 1 1.2. Name ........................................................................................................................ l 1.3. Application ............................................................................................................... 1 ARTICLE II BOARD OF DIRECTORS ......................................................................................... I 2.1. Number .................................................................................................................... ! 2.2. Qualifications for Holding Office ............................................................................ 1 2.3. Election .................................................................................................................... 3 2.4. Term of Office ......................................................................................................... 3 2.5. Vacancies ................................................................................................................. 3 2.6. Removal of Directors ............................................................................................... 3 2. 7. Compensation .......................................................................................................... 4 2.8. Powers and Duties .................................................................................................... 4 2.9. Special Powers and Duties ....................................................................................... 4 2.10. Distribution of Information ...................................................................................... 5 2.11. Meetings ................................................................................................................... 6 2.12. Action Without Meeting ........................................................................................... 8 2.13. Quorum and Adjournment ....................................................................................... 8 2.14. Committees .............................................................................................................. 8 ARTICLE III OFFICERS ................................................................................................................ 8 3 .1. Designation .............................................................................................................. 8 3 .2. Election of Officers .................................................................................................. 8 3.3. Removal of Officers ................................................................................................. 8 3 .4. Compensation .......................................................................................................... 8 3. 5. . President ................................................................................................................... 9 3 .6. Vice President .......................................................................................................... 9 3. 7. Secretary .................................................................................................................. 9 3 .8. Treasurer .................................................................................................................. 9 ARTICLE IV OWNERS ................................................................................................................ 10 4.1. Voting Rights ......................................................................................................... 10 4.2. Majority of Quorum ............................................................................................... 10 4.3. Quorum .................................................................................................................. 10 4.4. Proxies .................................................................................................................... 10 4.5. Place of Meetings of Owners ................................................................................. 10 SDH\30447.0001\361335.2 6nl2007 -1- Packet Page 1694 DESCRIPTION PAGE 4.6. Annual Meetings of Owners .................................................................................. 10 4. 7. Special Meetings of Owners .................................................................................. 11 4.8. Notice ..................................................................................................................... 11 4.9. RecordDateS ................................................................... : ...................................... 11 4.10. Adjourned Meetings ............................................................................................... 11 4.11. Order ofBusiness ................................................................................................... 12 4.12. Action Without Meeting .................. ." ..................................................................... 12 4 .13. Consent of Absentees ............................................................................................. 12 4.14. Minutes, Presumption of Notice ............................................................................ 12 4.15. Inspector of Election .............................................................................................. 13 ARTICLE V AMENDMENTS ...................................................................................................... 13 ARTICLE VI MISCELLANEOUS ............................................................................................... 13 6. l . Checks, Drafts and Documents .............................................................................. 13 6.2. Conflicts ................................................................................................................. 14 6.3. Execution ofDocuments ........................................................................................ 14 6.4. Availability of Association Documents ................................................................. 14 6.5. FiscalYear ............................................................................................................. 15 ARTICLE VII NOTICE AND HEARING PROCEDURE .......................................................... .15 7. l . Initial Complaint .................................................................................................... 15 7 .2. Scheduling Hearings ............................................................................................... 15 7 .3. Conduct of Hearing ................................................................................................ 15 7.4. Imposition of Sanctions ......................................................................................... 15 7.5. Limits on Remedies ............................................................................................... 16 SDH\30447.0001\361335.2 617/2007 -11-' Packet Page 1695 BYLAWS OF WATERMAN BUSINESS CENTER ASSOCIATION ARTICLE I PLAN OF OWNERSHIP 1.1. Definitions and Interpretation. Unless otherwise provided in these Bylaws, the capitalized terms used in these Bylaws have the same meanings as in the Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Waterman Business Center ("Declaration'J· These Bylaws shall be interpreted in accordance with Section 1.2 of the Declaration. 1.2. Name. The name of the corporation is Waterman Business Center Association. The principal office of the Association shall be located in such location as is designated by the Board. 1.3. Application. These Bylaws apply to the commercial project known as Waterman Business Center, located in the County of San Bernardino ("County'J· All Persons who use the facilities of the Properties in any manner are subject to the regulations in these Bylaws and in the Declaration, Recorded in the Official Records of the County against the Properties. Use of any Lot or Condominium in the Properties signifies acceptance and ratification of these Bylaws. ARTICLE II BOARD OF DIRECTORS 2.1. Number; Election by Class. The property, business and affairs of the Association shall be governed and managed by a Board of Directors initially composed of three (3) persons, each of whom must be either an Owner or an agent of Declarant until Declarant no longer owns a Lot or Condominium in the Properties. One Director shall be elected by the Class A Members, one Director shall be elected by the Class B Members, and one Director shall be elected by the entire voting power of the Association. The authorized number of Directors may be increased to five (5) upon the Board's adopting a resolution so increasing the authorized number of Directors. If the authorized number of Directors is increased to five (5), then two Directors shall be elected by the Class A Members, two Directors shall be elected by the Class B Members, and one Director shall be elected by the entire voting power of the Association. Any other change in the authorized number of Directors shall require a duly adopted amendment to these Bylaws. Notwithstanding anything to the contrary in the foregoing or in the Declaration, Declarant shall have the right to appoint (a) the Class A director(s) for so long as Declarant owns any Lot, and (b) the Class B director(s) for so long as Declarant owns any Condominium Unit. 2.2. Qualifications for Holding Office. Each Director, except for those initially appointed by Declarant to serve as interim Directors until the first annual meeting, must either be SDH\30447.0001\361335.2 6/7(2007 -1- Packet Page 1696 an Owner who meets the qualifications in this Section 2.2 or, as long as Declarant owns any portion of the Properties, an agent of Declarant. 2.2. l Candidacy Requirements for Owners. Owners who meet the following criteria are qualified to be elected to the Board of Directors: • (a) The Owner must be in compliance with the Restrictions for the three (3) months immediately preceding the date of the election at which the Owner is being considered for election to the Board of Directors or during such Owner's period of ownership if the Owner acquired its Lot or Condominium Unit within such three (3) month period. To be in compliance, the Owner must correct, within five (5) days after receipt of notice by the Association, any violation of the Restrictions for which the Owner has been determined to be responsible pursuant to applicable due process requirements; and (b) The Owner must be current in the payment of all Assessments for the three (3) months immediately preceding the date of the election at which the Owner is being considered for election to the Board of Directors or during such Owner's period_ of ownership if the Owner acquired its Lot or Condominium Unit within such three (3) month period. 2.2.2 Incumbent Requirements. To remain qualified to serve on the Board of Directors, an Owner who has been elected to the Board of Directors must: (a) Not be absent from more than three (3) consecutive regularly scheduled meetings of the Board; • (b) Attend at least seventy-five percent (75%) of the Board meetings held during the year and attend the entire meeting each time; (c) Comply with every duly approved action of the Board; (d) Comply with the Restrictions and correct, within five (5) days after receipt of notice by the Association, any violation of the Restrictions for which that Director has been determined to be responsible pursuant to applicable due process requirements; (e) Not be more than three (3) months in arrears in the payment of any Assessment; (f) Exhibit respect, professionalism and courteous behavior to Owners, committee members, vendors, the Manager and its staff, and any other Persons associated with or retained by the Association; (g) Refuse any type of gain, such as money, services, products, gifts or gratuities of a significant value, as determined by a majority vote of the Directors who meet all of the required qualifications to serve as such, which gain is offered in relation to the Owner's service as a Director. In addition, the Owner must disclose such offers at an open meeting of the Board. Compensation for services duly approved by the Board and unrelated to duties as a Director or Officer of the Association, and reimbursement of expenses associated with services to the Association, do not constitute prohibited gain within the meaning of this subsection; and SDH\30447.0001\361335.2 6nf2.007 -2- Packet Page 1697 (h) Not act in a manner determined by a majority vote of the Directors to be grossly detrimental to the general safety, health or welfare of the Association and its members. 2.3. Election. 2.3.1 General Procedure. At the first annual meeting of the Owners, and at each annual meeting thereafter, the Owners shall elect new Directors to fill vacancies on the Board. If an annual meeting is not held, or all positions on the Board are not filled at the annual meeting, Board members may be elected at a special meeting of the Owners. 2.3.2 Voting. Voting shall be by secret written ballot. After Declarant ceases to appoint Directors, an Owner may cumulate his votes for any candidate for the Board in any election in which more than two (2) Directors are to be elected if (a) the candidate's name has been placed in nomination before the voting, and (b) an Owner has given notice at the meeting before the voting of such Owner's intent to cumulate votes. If an Owner cumulates his votes, such Owner may cast a number of votes equal to the Owner's share of the voting power multiplied by the number of Directors to be elected. 2.4. Term of Office. Each Director shall hold office until the earlier to occur of (a) the end of the Director's term of office after a successor has been elected, or (b) his death, resignation, removal or judicial adjudication of mental incompetence. At the first annual meeting, the term of office of each Director elected two (2) years; provided that until Declarant no longer owns a Unit in the Properties Declarant shall be entitled to appoint all Directors. The term of office of each Director elected to fill a vacancy created by expiration of a Director's term of office shall be two (2) years. The term of office of each Director elected or appointed to the Board for any other reason shall be the balance of the unserved term. Any person serving as a Director may be reelected. There is no limit on the number of terms which a Director may serve. 2.5. Vacancies. A vacancy on the Board is deemed to exist in case of death, resignation, removal or judicial adjudication of mental incompetence of any Dir:ector or if the Owners fail to elect the full number of authorized Directors at any meeting at which a Directors election is to take place. Vacancies on the Board caused by any reason other than the removal of a Director may be filled by either (a) vote of a majority of the remaining Directors, even though they may constitute less than a quorum, or (b) by vote of the Owners at a meeting; provided that until Declarant no longer owns a Unit in the Properties all vacancies shall be filled by Declarant. Any vacancy caused by the removal of a Director must be filled by a vote of the Owners. A Director may resign at any time by giving notice to the President, the Secretary or the Board. Any Director who ceases to be an Owner or an agent of Declarant is deemed to have resigned from the Board. 2.6. Removal of Directors. After Declarant no longer owns a Unit in the Properties, at any meeting of the Owners, any individual Director or the entire Board may be removed before the expiration of their terms of office with or without cause by the vote of Owners representing a majority of the Association's voting power (including votes attributable to Declarant). However, if the entire Board is not removed as a group pursuant to a single vote, no individual Director may be removed if the number of votes cast against removal would be SDH\30447.0001\361335.2 6/7/2007 -3- Packet Page 1698 sufficient to elect such Director if voted cumulatively at an election at which the same total number of votes were cast and the entire number of Directors authorized at the time of the Director's most recent election were then being elected. Any Director whose removal has been proposed by the Owners must be given an opportunity to be heard at the meeting. If any Directors are removed, new Directors may be elected at the same meeting. However, any Director elected to office solely by the votes of Owners other than Declarant may be removed only by the vote of at least a simple majority of the Association's voting power represented by Owners other than Declarant. Any Director elected or appointed to office solely by Declarant may only be removed by Declarant. 2.7. Compensation. Directors may not receive any compensation for their services as Directors unless such compensation is first approved by Owners representing at least a majority of the Association's voting power. However, (a) nothing in these Bylaws precludes any Director from serving the Association in some other capacity and receiving compensation therefor, and (b) any Director may be reimbursed for actual expenses incurred in performance of Association duties, and (c) no officer, employee or director of Declarant or any affiliate ofDeclarant may receive any compensation for service as a Director of the Association. 2.8. Powers and Duties. The Board has the powers and duties necessary to administer the Association's affairs. All the Association's powers shall be exercised by the Board except those powers specifically reserved to the Owners. 2.9. Special Powers and Duties. Without limiting the scope of the Board's general powers and duties, the Board is granted the following powers and duties: 2.9.1 Officers, Agents and Employees. The power and duty to select, appoint and remove all Association officers, agents and employees, to prescribe such powers and duties for them as may be consistent with law and with the Restrictions, to fix their compensation, to require from them such security for faithful service as the Board considers advisable, and to contract to provide them with such indemnification as the Board determines is appropriate. 2.9.2 Contracts. (a) The power to enter into contracts. This includes contracts (a) for maintenance, landscaping, and common utilities services, (b) materials, supplies and other Common Expenses relating to the Lots or Condominiums, (c) employing personnel necessary to manage the Properties, including legal and accounting services, and ( d) paying for Improvements on the Association Property. (b) The power to enforce the Restrictions and any agreements entered into by the Association and to impose sanctions against Owners for violating the Restrictions. 2.9.3 Principal Office, Place of Meetings, Seal. The power, but not the duty, to move the Association's principal office to any location selected by the Board; to designate any place in the County for holding any meetings of Owners consistent with the provisions of Section 4.5; and to adopt and use a corporate seal and to alter the form of such seal. SDH\30447.0001\361335.2 6/7/2007 -4- Packet Page 1699 2.9.4 Assessments. The power and duty to fix and levy Assessments and identify the due date for payment of Assessments. The Board may incur Common Expenses. The Association's funds shall be held in trust for the Owners. 2.9.5 Insurance. The power and duty to contract and pay for insurance in accordance with the Declaration, covering and protecting against such damages or injuries as the Board considers advisabl~ (which coverage may include medical expenses of persons injured on the Association Property). The Board shall review, not less frequently than annually, all insurance policies and bonds obtained by the Board on the Association's behalf. 2.9.6 Delegation. The power, but not the duty, to delegate its powers according to law. 2.9.7 Bylaws. The power and duty to adopt these Bylaws. 2.9.8 Records. The power and duty to keep a complete record of Association acts and corporate affairs. 2.9.9 Sale of Property. The power, but not the duty, to sell property of the Association. Approval from Owners representing at least a majority of the Association's voting power must be obtained before property of the Association having an aggregate fair market value greater than ten percent ( 10%) of the Association's budgeted gross expenses for the Fiscal Year is sold in a single Fiscal Year. 2.9.10 Manager. The power to engage a professional Manager for the Association at a compensation established by the Board to perform such duties and services as the Board authorizes. 2.9.11 Agreements with Declarant. The power, but not the duty, to negotiate and enter into agreements with Declarant. • 2.9 .12 Adoption of Election Rules. The power and duty to adopt election rules in accordance with Section 1363.03(a) of the California Civil Code. 2.10. Distribution of Information. The Board shall distribute the following financial information to all Owners (and any Beneficiary, insurer and guarantor of a first Mortgage on request), regardless of the number of Owners or the amount of assets of the Association: 2.10.1 Budget. A pro forma operating budget for each Fiscal Year consisting of at least the following information must be distributed to the Members annually not less than thirty (30) nor more than ninety (90) days prior to the beginning of each Fiscal Year: (a) Estimated revenue and Common Expenses computed on an accrual basis. (b) A summary of the Association's reserves (if any). SDH\30447.0001\361335.2 6/7/2007 -5- Packet Page 1700 (c) All other information required under California Civil Code Section 1365.2.5. 2.10.2 Financial Report. A report consisting of the following must be distributed within one hundred twenty (120) days after the close of the Fiscal Year. (a) A balance sheet as of the end of the Fiscal Year. (b) An operating (income) statement for the Fiscal Year. ( c). A statement of changes in financial position for the Fiscal Year. (d) Any information required to be reported under Section 8322 of the California Corporations Code. (e) A statement of the place where the names and addresses of the current Owners are located. If the report referred to in Section 2.10.2 is not prepared by an independent accountant, it must be accompanied by the certificate of an authorized Association officer stating that the statement was prepared from the Association's books and records without independent audit or review. 2.10.3 Accounts. On at least a yearly basis, the Board shall: (a) cause to be completed and review a current reconciliation of the Association's accounts, (b) review the. income and expense statement for the Association's accounts.and (c) review the most current account statements prepared by the financial institutions where the Association keeps its accounts. 2.11. Meetings. 2.11.1 Organization Meeting. The first regular ("organization") meeting of a newly elected Board must be held within thirty (30) days of election of the Board, at such place as is fixed and announced by the Directors at the meeting at which such Directors were elected, to organize, elect officers and transact other business. No notice is necessary to the newly elected Directors to hold such meeting; provided that (a) a majority of the whole Board is present when the time and place are announced at the annual meeting and (b) the meeting is held on the same day and at the same place as the annual meeting of the Owners at which the newly constituted Board was elected. 2.11.2 Regular Meetings. Regular meetings may be held at such time and place in the Properties as is determined by a resolution adopted by a majority of a quorum of the Directors no less frequently than may be required by law from time to time. Notice of the time and place of regular meetings of the Board shall be given to each Director at least four ( 4) days before the date of the meeting. Notices may be given personally or by telephone, including a voice messaging system or other system or technology designed to record and communicate messages, facsimile, electronic mail, or other electronic means or posted at a prominent place or places in the Association Property. SDH\30447.0001\361335.2 6/7/2007 -6- Packet Page 1701 2.11.3 Special Meetings. Special meetings may be called by the President or by any two (2) Directors by posting notice at least four (4) days before such meeting at a prominent place or places in the Association Property or on four (4) days' notice by first-class mail or forty­ eight (48) hours' notice delivered personally or by telephone, including a voice messaging system or other system or technology designed to record and communicate messages, telegraph, facsimile, electronic mail, or other electronic. means. The notice must state the time, place and the purpose of the meeting. 2.11.4 Executive Sessions. The Board may convene in executive session to (a) discuss and vote upon personnel matters, litigation, matters relating to the formation of contracts with third parties, or Owner discipline or (b) meet with an Owner, upon the Owner's request, regarding the Owner's payment of Assessments, as specified in California Civil Code Section 1367 or 1367.1. The nature ofbusiness to be considered in executive session must first be announced in an open session and must be generally noted in the minutes of the Board. In any matter relating to the discipline of an Owner, the Board shall meet in executive session if requested by that Owner. The Owner may attend the executive session. 2.1 1.5 Other Meetings. Any congregation of a majority of the members of the Board at the same time and place to hear, discuss, or deliberate on any item of business scheduled to be heard by the Board, except those matters that may be discussed in executive session, shall constitute a meeting of the Board. All Owners shall have the right to attend any regular, special or other meeting of the Board, ·except an executive session. Owners who are not Directors may not participate in any deliberation or discussion at such meetings unless authorized by a vote of a majority of a quorum of the Board. However, at each Board meeting, except for executive sessions, the Board must set aside time for Owners to speak, subject to reasonable limits imposed by the Board. 2.11.6 Notice to Owners. Generally, if a meeting of the Board is not a regular or special meeting, Owners shall be given notice of the time and place of the meeting at least four (4) days before the meeting. Notice required by this Section may be given by posting the notice in a prominent place or places in the Association Property, by mail or delivery of the notice to each Lot or Condominium in the Properties, or by newsletter or other similar means of communication. If there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the Board and which of necessity make it impractical to provide notice to the Owners, then an emergency meeting of the Board may be called by the President or any two (2) other members of the Board without providing notice to the Owners. 2.11.7 Waiver of Notice. Before or at any meeting of the Board, any Director may, in writing, waive personal notice of such meeting. Attendance by a Director at any Board meeting waives the requirement of personal notice. If all Directors are present at a Board meeting, no notice to Directors is required and any business may be transacted at such meeting. The transactions of any Board meeting, however called and noticed or wherever held, are valid as though had at a meeting duly held after regular call and notice, if (a) a quorum is present, (b) notice to the Owners of such meeting was posted as provided in Sections 2.11.2, 2.11.3 or 2.11.6, and (c) either before or after the meeting, each of the Directors not present signs a written waiver of notice, a consent to holding such meeting, or an approval of the Minutes thereof. The SDH\30447.0001\361335.2 6/7/2007 -7- Packet Page 1702 Secretary shall file all such waivers, consents and approvals with the Association's records or make them a part of the Minutes of the meeting. 2.12. Action Without Meeting. The Board may act without a meeting if all Directors consent in writing to such action. Written consents must be filed with the minutes of the Board. Each action by written consent has the same effect as a unanimous vote of such Directors. Within three (3) days after the written consents of all Directors have been obtained, an explanation of any action taken by unanimous written consent without a meeting must be either (a) posted by the Board in a prominent place or places in the Association Property, or (b) communicated to the Owners by other means the Board determines to be appropriate. 2.13. Quorum and Adjournment. Except as otherwise expressly provided in these Bylaws, at all meetings of the Board, a majority of the Directors constitutes a quorum for the transaction of business, and the acts of a majority of the Directors present at a meeting at which a quorum is present are the acts of the Board. At any meeting of the Board when less than a quorum present, the majority of those present may adjourn the meeting to another time. At any such reconvened meeting, any business which might have been transacted at the meeting as originally called may be transacted without further notice if a quorum is present. 2.14. Committees. The Board may by resolution establish such committees as it desires, and may establish the purposes and powers of each such committee created. The resolution establishing the committee must (a) provide for the appointment of its members and a chairman, (b) state the purposes of the committee, and (c) provide for reports, termination and other administrative matters as the Board considers appropriate. ARTICLE III OFFICERS 3.1. Designation. The Association's principal officers are a President, a Vice President, a Secretary, and a Treasurer, all elected by the Board. The Board may appoint an Assistant Treasurer, an Assistant Secretary and such other officers as it determines to be necessary. Officers other than the President need not be Directors. Any person may hold more than one office. 3.2. Election of Officers. The Board shall annually elect the Association's officers at the new Board's organization meeting. Each officer shall hold his office at the pleasure of the Board, until he resigns or is removed, is otherwise disqualified to serve or a successor is elected and qualified to serve. 3.3. Removal of Officers. On an affirmative vote of a majority of the entire Board, any officer may be removed, either with or without cause, and a successor elected at any meeting of the Board. Any officer may resign at any time by giving written notice to the Board or to the President or Secretary. Any such resignation is effective on the date of receipt of such notice or at any later time specified therein. Unless specified in the notice, acceptance of the resignation by the Board is not necessary to make it effective. 3.4. Compensation. No officer may receive any compensation for services performed in the conduct of the Association's business unless such compensation is approved by the vote or SDH\30447.0001\361335.2 6/7fl.007 -8- Packet Page 1703 written consent of Owners representing at least a majority of the Association's voting power; however (a) nothing in these Bylaws precludes any officer from serving the Association in some other capacity and receiving compensation therefor, and (b) any officer may be reimbursed for actual expenses incurred in the performance of Association duties. Appointment of any officer does not create contractual rights of compensation for services performed by such officer. No officer, employee or director of Declarant or any affiliate of Declarant may receive any compensation for service as an officer of the Association.· 3.5. President. The President is the chief executive officer of the Association and shall (a) preside at all Association and Board meetings, (b) have the general powers and duties which are usually vested in the office of the President of a corporation, including but not limited to the power to appoint committees ·from among the Owners as the President decides is appropriate to assist in the conduct of the Association's affairs, and (c) subject to the control of the Board, have general supervision, direction and control of the Association's business. The President is ex officio a member of all standing committees and has such other powers and duties as may be prescribed by the Board or these Bylaws. 3.6. Vice President. The Vice President shall take the President's place and perform the President's duties whenever the President is absent, disabled, fails or refuses to act. If neither the President nor the Vice President is available to perform the President's duties, the Board shall appoint another member of the Board to do so on an interim basis. The Vice President has such other powers and duties as may be prescribed by the Board or these Bylaws. 3.7. Secretary. The Secretary shall (a) keep the Minutes of all meetings of the Board and of the Association at the Association's principal office or at such other place as the Board may order, (b) keep the Association's seal in safe custody, (c) have charge of such books and papers as the Board may direct, ( d) in general, perform the duties incident to the office of Secretary, (e) give, or cause to be given, notices of meetings of the Owners and of the Board required by these Bylaws or by law to be given, (f) keep a record book of Owners, listing the names, mailing addresses and telephone numbers of Owners, as furnished to the Association ("Membership Register"), and (g) record in the Membership Register the termination or transfer of ownership by any Owner, together with the date of the transfer. The Secretary has such other powers and duties as may be prescribed by the Board or these Bylaws. 3.8. Treasurer. The Treasurer is the Association's chief financial officer and is responsible for Association funds. The Treasurer shall (a) keep, or cause to be kept, full and accurate accounts and tax and business records of the Association, including accounts of all assets, liabilities, receipts and disbursements, (b) be responsible for the deposit of all funds in the name of the Association in such depositories as the Board designates, (c) disburse the Association's funds as ordered by the Board, and ( d) render to the President and Directors, on request, an account of all transactions as Treasurer and of the Association's financial condition. The Treasurer has such other powers and duties as may be prescribed by the Board or these Bylaws. SDH\30447.0001\361335.2 6/7/2007 -9- Packet Page 1704 ARTICLE IV OWNERS 4.1. Voting Rights. The Association has three (3) classes of voting Membership, as described in the Declaration. 4.2. Majority of Quorum. Unless otherwise provided in the Restrictions, any action which may be taken by the Association may be taken by a majority of a quorum of the Owners. 4.3. Quorum. Except as otherwise provided in these Bylaws, the presence in person, by proxy or by ballot pursuant to California Civil Code Section 1363 .03(b) of at least twenty-five percent (25%) of the Association's voting power constitutes a quorum of the Membership. Owners present at a duly called or held meeting at which a quorum is present may continue to do business until adjournment, despite the withdrawal of enough Owners to leave less than a quorum, if any action taken ( other than adjournment) is approved by at least a majority of a quorum. If a meeting is actually attended, in person, by proxy or by ballot pursuant to California Civil Code Section 1363.03(b), by Owners having less than one-third (1/3) of the Association's voting power, then no matter may be voted on except matters which were generally described in the notice of the meeting. No action by the Owners on any matter is effective if the votes cast in favor are fewer than the minimum number of votes required by the Restrictions to approve the action. 4.4. Proxies. Except as provided below, votes may be cast in person, by proxy or by written ballot pursuant to California Civil Code Section 1363.03. Proxies must be in writing and filed with the Secretary in advance of each meeting. Every proxy is revocable and automatically ceases after completion of the meeting for which the proxy was filed. Any form of proxy or written ballot distributed by any Person to the Owners must afford the opportunity to specify a choice between approval and disapproval of each matter or group of matters to be acted on, except it is not mandatory that a candidate for election to the Board be named in the proxy or written ballot. The proxy or written ballot must provide that, when the Owner specifies a choice, the vote shall be cast in accordance with that choice. The proxy must also identify the person authorized to exercise the proxy and the length of time it will be valid. No proxy is valid with respect to a vote on any matter described in Section 7613(g) of the California Corporations Code unless the general nature of the proposal was described in the proxy. Proxies may not be used in connection with voting in any election regarding those subjects specified in California Civil Code Section 1363.03(b). 4.5. Place of Meetings of Owners. Meetings of the Owners shall be held on the Properties, or such other suitable place as proximate thereto as practical and convenient to the Owners, as designated by the Board. 4.6. Annual Meetings of Owners. The first annual meeting of Owners shall be held within six (6) months after the Close of Escrow for the sale of the first Lot or Condominium in the Properties. Thereafter, the annual meetings shall be held on or about the anniversary date of the first annual meeting. Each first Mortgagee may designate a representative to attend all annual meetings. SDH\30447.0001\361335.2 6/7/2007 -10- Packet Page 1705 4.7. Special Meetings of Owners. The Board shall call a special meeting of the Owners (a) as directed by resolution of a majority of a quorum of the Board, (b) by request of the President of the Association, or ( c) on receipt of a petition signed by Owners representing at least five percent (5%) of the Association's total voting power. The Secretary shall give notice of any special meeting within twenty (20) days after adoption of such resolution or receipt of such request or petition. The notice must state the date, time and place of the special meeting and the general nature of the business to be transacted. The special meeting must be held not less than thirty-five (35) nor more than ninety (90) days after adoption of such resolution or receipt of such request or petition. No business may be transacted at a special meeting except as stated in the notice. Each first Mortgagee may designate a representative to attend all special meetings. 4.8. Notice. The Secretary shall send to each Owner of record, and to each first Mortgagee who has filed a written request for notice with the Secretary, a notice of each annual or special meeting. The notice must be sent by first-class mail, at least ten (10) but not more than thirty (30) days before the meeting. The notice must state the purpose for the meeting as well as the day, hour and place where it is to be held. The notice may establish time limits for speakers and nominating procedures for the meeting. The notice must specify those matters the Board intends to present for action by the Owners, but, except as otherwise provided by law, any proper matter may be presented for action at the meeting. The notice of any meeting at which Directors are to be elected must include the names of all nominees when the notice is given to the Owners. The mailing of a notice, postage prepaid, in the manner provided in this Section, shall be considered notice served, forty-eight ( 48) hours after the notice has been deposited in a regular depository of the United States mail. Such notice must be posted in a conspicuous place on the Association Property and is deemed served on an Owner on posting if no address for such Owner has been then furnished to the Secretary. Notwithstanding any other provision of these Bylaws, approval by the Owners of any of the following proposals, other than by unanimous approval of those Owners entitled to vote, is not valid unless the general nature of the proposal was stated in the notice or in any written waiver of the notice: (a) removing a Director without cause; (b) filling vacancies on the Board; ( c) approving a contract or transaction between the Association and one or more Directors, or between the Association and any entity in which a Director has a material financial interest; (d) amendment of the Articles; or (e) electing to wind up and dissolve the Association. 4.9. Record Dates. The Board may fix a date in the future as a record date for determining which Owners are entitled to notice of any meeting of Owners. The record date so fixed must be not less than ten ( 10) nor more than sixty ( 60) days before the date of the meeting. If the Board does not fix a record date for notice to Owners, the record date for notice is the close of business on the business day preceding the day on which notice is given. In addition, the Board may fix a date in the future as a record date for determining the Owners entitled to vote at any meeting of Owners. The record date so fixed must be not less than ten ( 10) nor more than sixty (60) days before the date of the meeting. If the Board does not fix a record date for determining Owners entitled to vote, Owners on the day of the meeting who are otherwise eligible to vote are entitled to vote at the meeting. 4.10. Adjourned Meetings. If a quorum is not present at the time and place established for a meeting, a majority of the Owners who are present, either in person, by proxy or SDH\30447.0001\361335.2 6/7(1.007 -11- Packet Page 1706 by ballot pursuant to California Civil Code Section 1363.03(b), may adjourn the meeting to a time not less than five (5) nor more than thirty (30) days from the original meeting date, at which meeting the quorum requirement is the presence in person, by proxy or by ballot pursuant to California Civil Code Section 1363.03(b) of Owners holding at least twenty-five percent (25%) of the Association's voting power. Such an adjourned meeting may be held without the notice required by these Bylaws if notice thereof is given by announcement at the meeting at which such adjournment is taken. 4.11. Order of Business. Meetings of Owners must be conducted in accordance with a recognized system of parliamentary procedure or such parliamentary procedures as the Association may adopt. The order of business at all meetings of the Owners is as follows: (a) roll call to determine the voting power represented at the meeting; (b) proof of notice of meeting or waiver of notice; ( c) reading of minutes of preceding meeting; ( d) reports of officers; ( e) reports of committees; (t) election of Directors (at annual meetings or special meetings held for such purpose); (g) unfinished business; and (h) new business. 4.12. Action Without Meeting. Except for election of Directors, any action not subject to California Civil Code Section l 363.03(b) which may be taken at a meeting of the Owners may be taken without a meeting by written ballot of the Owners. Ballots must be solicited in the same manner as provided in these Bylaws for giving of notice of meetings to Owners. Such solicitations must specify (a) the number of responses needed to meet the quorum requirements, (b) the percentage of approvals necessary to approve the action, and ( c) the time by which ballots must be received to be counted. The form of written ballot must afford an opportunity to specify a choice between approval and disapproval of each matter and must provide that, where the Owner specifies a choice, the vote shall be cast in accordance therewith. Receipt within the time period specified in the solicitation of (i) ballots which equal or exceed the quorum which would be required if the action were taken at a meeting, and (ii) approvals which equal or exceed the number of votes which would be required for approval if the action were taken at a meeting at which the total number of votes cast was the same as the total number of ballots cast, constitutes approval by written ballot. 4.13. Consent of Absentees. The actions taken at any meeting of Owners, however called and noticed, are valid as though taken at a meeting duly held after regular call and notice, . if (a) a quorum is present either in person, by proxy or by ballot pursuant to California Civil Code Section 1363.03(b), and (b) either before or after the meeting, each of the Owners not present in person, by proxy or by ballot pursuant to California Civil Code Section 1363.03(b) signs (i) a written waiver of notice, (ii) a consent to the holding of such meeting, or (iii) an approval of the minutes thereof. The Secretary shall file all such waivers, consents or approvals with the corporate records or make them a part of the minutes of the meeting. 4.14. Minutes, Presumption of Notice. Minutes or a similar record of the proceedings of meetings of Owners, when signed by the President or Secretary, shall be presumed truthfully to evidence the matters described therein. A recitation in the Minutes executed by the Secretary that proper notice of the meeting was given constitutes prima facie evidence that such notice was gtven. SDH\30447.0001\361335.2 6/7/2007 -12- Packet Page 1707 4.15. Inspector of Election. Prior to any meeting of Owners, the Board shall appoint an inspector of election for that meeting in accordance with California Civil Code Section l 363.03(c). There shall be at least one (1) inspector of election. Any report or certificate of the inspector of election is prima facie evidence of the matters stated therein. An inspector of election does not have to be an Owner. If the Board does not appoint an inspector of election or if an inspector fails to appear at a meeting, the chairman of the meeting of Owners may appoint the inspector of election. If the chairman fails to appoint the inspector of election, then any Owner may request that the inspector of election be appointed. If an Owner makes such a request, then the inspector of election shall be elected by Owners representing a majority of the Owners present. In case of an action to be taken by the Owners by written ballot, the Board shall also appoint an inspector of election to count the ballots in accordance with Section 1363.03 of the California Civil Code. The results of the election shall be promptly reported to the Board, recorded in the minutes of the next meeting of the Board and made available for review by Owners. Within fifteen (15) days, the Board shall publicize the results of the election in a communication directed to all Owners. The inspector of election shall (a) determine the number of Memberships outstanding and the voting power of each, (b) the number of Owners represented at the meeting and the existence of a quorum, (c) the authenticity, validity and effect of proxies, (d) receive votes, ballots or consents, (e) hear and ·determine all challenges and questions in any way arising in connection with the right to vote, (f) count and tabulate all votes or consents, (g) determine when the polls shall close, (h) determine the results of the election, and (i) do such acts as may be proper to conduct the election or vote, with fairness to all Owners in accordance with Section 1363.03(c) of the California Civil Code. The inspector of election shall perform his/her duties impartially, in good faith, to the best of his/her ability and as expeditiously as is practical. ARTICLE V AMENDMENTS These Bylaws may be amended by the vote or written consent of Owners representing at least (a) a majonty of the voting power of each class of the Owners, and (b) a majority of the Association's voting power represented by Owners other than Declarant; provided that the specified percentage of each class of Owners necessary to amend a specific provision of these Bylaws may not be less than the percentage of affirmative votes prescribed for action to be taken under that provision. These Bylaws may be amended by a majority of the entire Board, (i) at any time before the Close of Escrow for the sale of the first Lot or Condominium, or (ii) if the amendment is within the Board's power to adopt without Owner approval pursuant to the California Corporations Code and either (a) the proposed amendment conforms the Bylaws to California law or (b) the proposed amendment corrects a typographical error in the Bylaws. ARTICLE VI MISCELLANEOUS 6.1. Checks, Drafts and Documents. All checks, drafts, orders for payment of money, notes and other evidences of indebtedness issued in the name of or payable to the Association must be signed or endorsed in the manner and by the person or per.sons the Board designates by resolution. SDH\30447.0001\361335.2 6/7/2007 -13- Packet Page 1708 6.2. Conflicts. If any of these Bylaws conflict with any laws of the State of California, such conflicting Bylaws shall be void on final court detennination to such effect, but all other Bylaws shall remain in full force. In case of any conflict between the Articles of Incorporation and these Bylaws, the Articles of Incorporation shall control. In case of any conflict between the Declaration and these Bylaws, the Declaration shall control. 6.3. Execution of Documents. The Board may authorize any officer or officers, agent or agents to enter into any contract or execute any instrument in the name and on behalf of the Association. Such authority may be general or confined to specific instances. Unless so authorized by the Board, no officer, agent, committee member or employee may bind the Association by any contract or pledge its credit or render it liable for any purpose in any amount. 6.4. Availability of Association Documents. 6.4.1 Records To Be Maintained. The Association shall keep at its principal office (or at such other place in or near the Properties as the Board may prescribe) (a) the Restrictions and (b) any documents or items (i) defined under Section 1365.2 of the California Civil Code as "association records" and "enhanced association records" or (ii) required to be kept pursuant to any other applicable provision of the California Civil Code and the California Corporations Code (collectively, the "Association Documents'), each of which shall be made available for inspection and copying by any Owner or the Owner's duly appointed representative for a purpose reasonably related to the Owner's interest as an Owner, all in accordance with applicable provisions of the California Civil Code and California Corporations Code. 6.4.2 Limits on Availability. The Board may establish reasonable rules regarding (a) notice to be given to the custodian.of the Association Documents by the Owner desiring to make the inspection, (b) hours and days of the week when such an inspection may be made, and (c) payment of the cost of copying any of the Association Documents requested by an Owner; provided that every Director may at any reasonable time inspect all Association Documents and the physical properties owned or controlled by the Association, and make extracts and copies of documents. 6.4.3 Time of Availability. The minutes, minutes that are proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any meeting of the Board (other than an executive session) must be available to Owners within thirty (30) days of the meeting. The minutes, proposed minutes or summary minutes must be distributed to any Owner on request and on reimbursement of the Association's cost in making that distribution. 6.4.4 Distribution to Owners. No later than ten (10) days after the Association receives written request from any Owner, the Association shall provide to that Owner a copy of each of the documents listed in California Civil Code Section 1368(a) that have been requested by the Owner. Owners must be notified in writing when the budget required in Section 2.10.1 is distributed or at the time of any general mailing to the entire Association Membership of their right to have copies of the minutes of meetings of the Board and how and where those minutes may be obtained. SDH\30447.0001\361335.2 6/7/2007 -14- Packet Page 1709 6.5. Fiscal Year. The Board shall select the Association's Fiscal Year. The Fiscal Year is subject to change as the Board determines. ARTICLE VII NOTICE AND HEARING PROCEDURE 7 .1. Initial Complaint. Persons who believe a violation of the Restrictions has occurred may file a complaint with a Person designated by the Board on a form approved by the Board. The Board will commence the enforcement process. In its discretion, the Board may issue one or two violation letters to the Person alleged to have committed the violation ("respondent") or set a hearing described in Section 7.2 below. The Board may direct the Manager to assist the Board in any of the steps the Board chooses to talce in enforcing the Restrictions except that decisions made at hearings must be made by the Board. 7 .2. Scheduling Hearings. A hearing before the Board to determine whether a sanction should be imposed may be initiated by the Board after receipt of at least one complaint. To initiate a hearing, the Board must deliver to the respondent a notice which includes the following: • 7.2. l Complaint. A written statement setting forth in ordinary and concise language the acts or omissions with which the respondent is charged, 7.2.2 Basis for Violation. A reference to the specific provisions of the Restrictions which the respondent is alleged to have violated, 7.2.3 Hearing Schedule. The date, time and place of the scheduled hearing, 7 .2.4 Sanctions. A list of sanctions which may be imposed at the hearing. The date for the hearing may be no less than fifteen (15) days after the date the notice of hearing is mailed or delivered to the respondent. The respondent is entitled to attend the hearing, submit a statement of defense to the Board in advance of the hearing, or present a statement of defense and supporting witnesses at the hearing. If the respondent does not attend the hearing, the respondent waives these rights. 7 .3. Conduct of Hearing. The Board shall conduct the hearing in executive session, affording the respondent a reasonable opportunity to be heard. Prior to· the effectiveness of any sanction hereunder, proof of notice and the invitation to be heard must be placed in the minutes of the meeting. Such proof is adequate if a copy of the notice together with a statement of the date and manner of delivery is entered by the Association officer or Board member who mailed or delivered such notice. The record of the meeting must contain a written statement of the results of the hearing and the sanction, if any, imposed. 7 .4. Imposition of Sanctions. After affording the respondent an opportunity for a hearing before the Board, the Board may impose any one or more of the following sanctions: (a) levy a Special Assessment as authorized in the Declaration; (b) suspend the respondent's voting privileges established under the Declaration; (c) enter upon a Lot or Condominium to perform maintenance which, according to the Declaration, is the responsibility of the respondent; or ( d) SDH\30447.0001\361335.2 6/7/2007 -15- Packet Page 1710 record a notice of noncompliance if allowed by law. Any suspension of Membership privileges may not be for a period of more than _thirty (30) days for any noncontinuing infraction, but in the case of a continuing infraction (including nonpayment of any assessment after the same becomes delinquent) may be imposed for so long as the violation continues. Written notice of any sanctions to be imposed must be delivered to the respondent personally via first class mail within fifteen (15) days following the date of the decision to impose the sanction. No action against the respondent arising from the alleged violation may take effect prior to five (5) days after the hearing. 7.5. Limits on Remedies. The Board's failure to enforce the Restrictions does not waive the right to enforce them. The remedies provided by the Restrictions are cumulative and not exclusive. However, any individual Owner must exhaust all available internal Association remedies prescribed by the Restrictions before that Owner may resort to a court of law for relief with respect to any alleged violation of the Restrictions by another Owner. SDH\30447.0001\361335.2 6n/2007 -16- Packet Page 1711 CERTIFICATE OF SECRETARY I, the undersigned, certify that: 1. I am the duly elected and acting Secretary of WATERMAN BUSINESS CENTER ASSOCIATION, a California nonprofit corporation ("Association"); and 2. The foregoing Bylaws comprising 17 pages including this page constitute the Bylaws of the Association duly adopted by Consent of Directors in Lieu of First Meeting dated J:1.A.MC-: \ 2-, 2007. IN WITNESS WHEREOF, I have hereunto subscribed my hand and affixed the seal of the Association this \'2..-tl-day of UJ..lMee-, 2007 . • (SEAL) SDH\30447.0001\361335.2 6/7/2007 -17- Packet Page 1712 Recorded In Official Records, County of San Bernardi no RECORDING REQUESTED BY: ~-_ LARRY WALKER ~S,.~'§ Auditor/Controller -Recorder 6/27/2007 8:00 AM MD LandAmerica Commercial Services 9 803 LandAmerica Commonwealth Doc#: 2007 -0380258 Titles: 1 Pages: 23 WHEN RECORDED, MAIL TO: DZIDA, CAREY & STEINMAN (SDH) 3 Park Plaza, Suite 750 Irvine, CA 92614 II I I I I I I II I I I I I Fees Taxes Other PAIO 74.00 0.00 0.00 $74.00 (Space Above For Recorder's Use) SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS FOR WATERMAN BUSINESS CENTER (LOTS 1 AND 2) SDH\30447.0001\36273l.4 6/7/2007 Packet Page 1713 THIS SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS ("Declaration') is made by WA TERMAN BP, LLC, a California limited liability company ("Declarant'). A. Declarant is the owner of certain real property in the City of San Bernardino, County of San Bernardino, State of California, more particularly described as ("Condominium Properties') follows: The "Units," "Association Property," and "Common Area" as defiped in 2) and shown on the Condominium Plan lof-1., f ~ d/'"!nl~-r 17/~ /~ tJ f' recorded on ~ne.pl 7, 2007, as Instrument No -.:Joo7, ~?tJ";{f Official Records of San Bernardino County, California. Such Condominium Plan covers Lots I and 2 of Tract No. 18083, as shown on a subdivision map on file in Book 3 2-'I Pages 2'1 to 32., inclusive, of Maps, in the Office of the San Bernardino County Recorder. -B. Concurrently herewith, Declarant is recording in the Official Records of San Bernardino County, California, that certain Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Waterman Business Center ("Declaration'). The Declaration, which is incorporated herein by this reference, covers the Condominium Properties and other real property more particularly described therein. This Supplemental Declaration establishes covenants, conditions, restrictions and easements applicable to the Condominium Properties which are in addition to those established under the Declaration. C. Declarant declares all of the Condominium Properties shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the easements, restrictions, covenants, conditions and equitable servitudes contained in this . Supplemental Declaration, all of which are for the purpose of preserving and protecting the value, attractiveness and desirability of the Condominium Properties, in furtherance of a comprehensive plan for the protection, maintenance, subdivision, improvement use and sale of the Condominium Properties, or any portion thereof. The covenants, conditions, restrictions, reservations, easements, equitable servitudes, liens and charges set forth herein shall (I) run with the Condominium Properties; (2) be binding upon all persons having any right, title or interest in the Condominium Properties, or any part thereof, their heirs, successive owners and assigns; (3) inure to the benefit of every portion of the Condominium Properties and any interest therein; (4) inure to the benefit of and be binding upon Declarant and their successive owners and each Condominium Owner within the Condominium Properties and his or her respective successors­ in-interest; and (5) may be enforced by Declarant, any Condominium Owner or the Association. 1. Defined Terms. Capitalized terms used but not defined in this Supplemental Declaration shall have the meanings assigned to such terms in the Declaration. The following words and phrases when used in this Supplemental Declaration shall have the meanings hereinafter specified. 1 ·.1 Building Structure and Systems. Building Structure and Systems means the structural portions of the buildings in which the Condominiums are located and/or the SDH\30447.0001\362731.4 6/7/2007 -1- Packet Page 1714 mechanical, electrical, life safety and plumbing systems and components but excluding the HV AC systems serving individual Condominium Units. -1.2 City Easement Deed. City Easement Deed means the Easement Deed and Agreement between Declarant and the City of San Bernardino recorded in the Official Records of San Bernardino County, California, on Oet: ~ , 2006, as Instrument No. 2.00'1·0"8h03S . Declarant's obligations under the City Easement Deed have been or will be assigned to the Association. 1.3 Common Wall. Common Wall means any wall separating one Condominium Unit from an adjacent Condominium Unit. The cost incurred by the Association in repairing any Common Wall shall, subject to Sections 5.3 and 6.1 of the Declaration, be borne equally by the Condominium Owners of the Condominium Units separated by such Common Wall. 1.4 Condominium Association Property. Condominium Association Property means the property and Improvements described in Exhibit "l" attached hereto. 1.5 Condominium Owner. Condominium Owner means the Owner of a Condominium Unit within the Condominium Properties. 1.6 Design Committee. Design Committee means the committee established pursuant to Section IO below. I . 7 Design Committee Rules. Design Committee Rules means the Design Committee design standards, procedures, rules and guidelines which may be adopted by the Board, as amended from time to time. 2. Designation of Additional Association Property. The Condominium Association Property is hereby designated as "Association Property" under the Declaration, subject to the covenants, conditions, restrictions, easements and other terms set forth in this Supplemental Declaration. 3. Condominium Owners Rights of Enjoyment. Every Condominium Owner and, to the extent permitted by such Condominium Owner pursuant to the Restrictions, its Owner Representative(s), shall have a right of ingress and egress and of enjoyment in, to and over the Condominium Association Property which shall be appurtenant to and shall pass with title to every Condominium Unit, subject to the Association's right to exercise exclusive jurisdiction over and control of the Condominium Association Property. Owners of Lots 3 through 12 of Tract No. 18083 shall not have the right to use the Condominium Association Property. 4. Condominium Owner Easements over Loading and Parking Areas Adjacent t9 Condominium Buildings. Exhibit "2" hereto generally depicts the "Loading and Parking Area" adjacent to the buildings containing the Condominium Units. Declarant hereby reserves to itself, and every Condominium Owner and their respective Owner Representatives and successors the exclusive right to use that portion of the Loading and Parking Area adjacent to such Condominium Owner's Condominium Unit for loading purposes and parking purposes, subject to such Condominium Owner's compliance with all applicable requirements of the City SDH\30447.0001\362731.4 6nl2007 -2- Packet Page 1715 and the Restrictions. No Condominium Owner shall interfere with the reasonable use of or access to the portion of the Loading and Parking Area adjacent to any other Condominium Owner's Condominium Unit. 5. Easement for HV AC Units of Condominium Units. Declarant hereby reserves, for the benefit of each Condominium Owner, an easement for the maintenance, repair, replacement and operation over those portions of the Condominium Association Property on which Declarant has installed heating, ventilation and air conditioning systems serving each Condominium Unit. This easement is appurtenant to and passes with title to each Condominium Unit. This easement is subject to the restrictions, rights and other easements in the Restrictions. 6. Use Restrictions. 6.1 Prohibited Uses. No part of the Condominium Properties shall be used or caused to be allowed or authorized in any way for any purpose not authorized for the Condominium Properties by the zoning ordinances, special use permit(s), planned industrial permit(s) and other governmental regulations applicable to the Condominium Properties. No portion of the Condominium Properties shall be used for any permanent or temporary residential purposes. No part of the Condominium Properties shall be used for the display, manufacture, production, duplication, distribution or sale of what is commonly referred to as "pornographic," "obscene," and/or "adult" material. No rubbish or debris of any kind may be placed or permitted to accumulate anywhere within the Condominium Properties, and no odor may be permitted to arise therefrom so as to render the Condominium Properties or any portion thereof unsanitary, unsightly, or offensive from any public or private street or from any Condominium Unit in the vicinity thereof or to its occupants. No noise, odor, vibration or other nuisance shall be permitted to exist upon or emanate from any portion of the Association Property or any Condominium Unit within the Condominium Properties so as to be offensive or detrimental to any other Condominium Unit in the Condominium Properties or to any Condominium Owner or its Owner Representative. The Board is entitled to determine if any noise, odor, or activity producing such noise or odor constitutes a nuisance. Each Condominium Owner shall comply with all requirements of the local or state health authorities and with all other applicable governmental ordinances regarding occupancy and use of a Condominium Unit. Each Condominium Owner is accountable to the Association and other Owners for the conduct and behavior of Owner Representatives. Any damage to the Association Property, personal property of the Association, or property of another Owner caused by such Persons, shall be repaired at the sole expense of the Condominium Owner of the Condominium Unit where such Persons are working or visiting. 6.2 No Outside Storage. No outside portions of the Condominium Association Property (including Loading and Parking Area) shall be used for the storage of goods or materials. 7. Maintenance of Condominium Units. 7.1 Owner Maintenance. Each Condominium Owner shall maintain, at its sole expense, such Condominium Owner's Condominium Unit, including all windows (including glass, frame, weather stripping, panes and sheathing), doors (including hardware, weather- SDH\3044 7.000I\362731.4 6n/2007 -3- Packet Page 1716 proofing, sheathing, frame and any glass), light fixtures actuated from switches controlled from, or separately metered to, such Condominium Unit, and the interior surfaces of the walls, ceilings, floors and fixtures, in a clean, sanitary and attractive condition, in accordance with the Condominium Plan and the original construction design of the Improvements in the Condominium Properties and Restrictions. However, no utility systems, Common Wall or other portions of the Building Structure and Systems may be pierced or otherwise altered or repaired without approval from the Design Review Committee. Each Condominium Owner shall, at its sole expense, keep the portion of the Loading and Parking Area adjacent to such Condominium Owner's Unit in good condition and repair, clean and free from debris. However, the Association (as provided in Section 8.1 below) shall be responsible for the resurfacing of paved portions of the Loading and Parking Area unless such resurfacing is required due to the negligence, willful misconduct or excessive use of such paved portion of the Loading and Parking Area by such Condominium Owner or its Owner Representatives. 7 .2 Association Right to Maintain. If an Condominium Owner fails to perform any maintenance, repair or installation required by this Article, the Association or its delegates may, but shall not be obligated to, cause such maintenance, repair and installation to be accomplished in accordance with the following: (a) upon finding by the Board of a deficiency in such maintenance, repair or installation, the Board shall give notice of such deficiency to the Condominium Owner (however in the case of immediate risk of injury to persons or serious damage to property no such notice shall be required); (b) the Condominium Owner shall have no more than thirty (30) days ( "Period") following the receipt thereby of written notice of such election from the Board or such committee to select a day or days upon which such maintenance, repair or installation work shall be accomplished; ( c) the date which said Condominium Owner selects to cure the deficiency shall be no more than thirty (30) days from the end of the Period, or a reasonable time thereafter if such deficiency cannot be readily cured within such time; ( d) unless the Condominium Owner and the Board otherwise agree, such maintenance or installation to cure the deficiency shall take place only during daylight hours on any day, Monday through Friday, excluding holidays; and (e) if the Association pays for all or any portion of such maintenance or installation, such amount shall be a Special Assessment against the affected Condominium Owner and its Condominium Unit. The Association shall also have the right to require that the Condominium Owner cure any deficiencies in maintenance of such Condominium Owner's Condominium Unit and/or the Improvements located thereon. 8. Additional Maintenance Funds; Assessments. 8.1 Condominium Association Property Operating Fund. The Board shall Budget, establish and maintain a Condominium Association Property Operating Fund for current expenses of the Condominium Association Property. Disbursements from the Condominium Association Property Operating Fund shall be made solely for the purpose of funding the current operating Common Expenses of the Condominium Association Property. Unless otherwise approved by a majority of the voting power of the Condominium Owners, any excess funds remaining in the Condominium Association Property Operating Fund, over and above the amounts used for the operation of the Condominium Association Property, shall be used to reduce the following year's "Condominium Assessment Component" (defined below). SDH\30447.0001\362731.4 6/7/2007 -4- Packet Page 1717 8.2 Condominium Assessment Component. Common Assessments levied against the Condominium Owners and their respective Condominium Units shall be comprised of (a) that portion of the Common Expenses of the Association comprising Condominium Association Property Operating Funds and other Maintenance Funds (if any) Budgeted to the Condominium Association Property ("Condominium Assessment Component'); and (b) the Common Assessments established under the Declaration. The Condominium Assessment Component shall be allocated solely among the Condominium Owners based on the percentage share of Condominium Common Expenses set forth in Exhibit "3" hereto. 8.3 Capital Improvement Assessments. A Capital Improvement Assessment with respect to Condominium Association Property Improvements shall require a majority of votes at a meeting or written ballot of the Condominium Owners at which more than fifty percent (50%) of the total voting power attributable to Condominium Units is represented. Notwithstanding the foregoing, the Board may levy in any fiscal year a Capital Improvement Assessment applicable to that fiscal year without the vote of the Members if such Capital Improvement Assessment is necessary for addressing a Capital Improvement necessary to address an imminent threat to property or the safety of persons within the Condominium Properties. 8.4 Reconstruction Assessment. A Reconstruction Assessment for the Condominium Association Property shall be assessed only against the Condominium Owners (in the same proportion as the Condominium Assessment Component). 9. Additional Association Powers and Duties. 9.1 Commonly Metered Utilities. The Association shall have the power and duty to (a) obtain commonly metered utility services necessary for the Condominium Units (as part of the obligations pertaining to the Condominium Association Property), and (b) maintain the sewer and water lines (including laterals) within the Condominium Properties for the benefit of the Condominium Owners (as part of the obligations pertaining to the Condominium Association Property). If at any time the Association determines that any Condominium Owner and/or its Owner Representatives is using a disproportionate amount of any commonly metered utilities, then the Association may levy a Special Assessment against such Condominium Owner and its Condominium in an amount equal to the increased costs incurred by the Association for the disproportionate use. If the Association determines that any repair or maintenance of a sewer and/or water line (including a lateral) was required as a result the acts of a Condominium Owner or its Condominium Owner Representatives, then the Association may levy a Special Assessment against such Condominium Owner and its Condominium in an amount equal to the costs incurred by the Association for the applicable repair or maintenance. 9.2 Rights of Entry and Enforcement. The power, but not the duty, after Notice and Hearing, to enter any Condominium Unit (forty-eight (48) hours after delivery of advance written notice to the Condominium Owner of the Condominium Unit of such entry including the reasons therefore, with the exception of circumstances involving immediate risk of injury to persons or serious damage to property in which case the right of entry shall be immediate) or Association Property without being liable to any Condominium Owner for the purpose of enforcing by peaceful means the Restrictions or for the purpose of maintaining or SDH\30447.0001\36273l.4 6/7/2007 -5- Packet Page 1718 repairing the Association Property and/or performing maintenance of any Condominium Unit or the Improvements located thereon where the Condominium Owner fails to do so; provided that no items of construction on any such Condominium Unit or Condominium Association Property may be altered or demolished except pursuant to judicial proceedings. The cost of any enforcement action or any maintenance and repair completed in compliance with these provisions is the responsibility of the Condominium Owner and may be assessed against the responsible Condominium Owner as a Special Assessment. The responsible Condominium Owner shall pay promptly all amounts due for such work, and the costs and expenses of collection. The Association may also commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of the Restrictions by the Condominium Owner of any Condominium Unit and its Owner Representatives and to enforce, by mandatory injunctions or otherwise, all of the provisions of the Restrictions. If an action is brought by the Association, the prevailing party is entitled to recover reasonable attorneys' fees. 9 .3 Condominium Association Traffic and Parking Rules and Regulations. The Board is empowered to establish restricted "visitor parking," temporary and/or "no parking," areas within parking improvem_ents located on the Condominium Association Property in accordance with Section 22658 and Section 22658.2 of the California Vehicle Code, or any similar statute hereafter enacted, as well as to enforce these parking limitations. The Board is also empowered to establish one-way traffic limitations for all or any portion of the drive aisles within the Condominium Association Property. 9 .4 Fire Alarm Monitoring; Service Contracts. The Association shall have the power and duty to contract for fire alarm monitoring services and equipment for the Condominium Association Property and the power to enter into such other services contracts as are necessary or appropriate for services provided to the Condominium Association Property. 10. Design Review. No Construction Activity (defined below) may be commenced or maintained within the Condominium Properties until the plans and specifications therefor showing the nature, design, kind, shape, height, width, color, materials, location and other aspects of the same have been submitted to the Design Committee and approved in writing by the Design Committee in accordance with Section 4.6 of the Declaration and the additional criteria and conditions set forth in this Section 10. The term "Construction Activity(ies)" shall mean any alteration, addition, installation, modification, construction, or reconstruction of any Improvement that would in any way affect the Building Structure and Systems; the exterior of the Condominium Unit and/or any Common Wall between Condominium Units whether or not any of the same are externally visible. 10.1 Membership; Appointment. The Design Committee shall consist of three (3) members. Members of the Design Committee may be removed at any time without cause by the Person appointing such member as provided herein. Unless changed by resolution of the Board, the address of the Design Committee for all purposes, including the submission of plans for approval, is the principal office of the Association as designated by the Board pursuant to the Bylaws. Dec.larant may appoint and remove a majority of the members of the Design Committee, which appointees need not be Members of the Association, until the date on which Declarant no longer owns a Lot or Condominium Unit. The Board may appoint and remove those members of the Design Committee which Declarant is not authorized to appoint until such S DH\3044 7 .000 I \362731.4 6/712007 -6- Packet Page 1719 time as Declarant's rights of appointment shall have expired, and thereafter the Board may appoint and remove all members of the Design Committee. Design Committee members appointed by the Board must be Condominium Owners (or agents of Condominium Owners) at all times during their service on the Design Committee, and shall serve for a term of one (I) year or until their respective successors are appointed. 10.2 Design Committee Rules. The Board may adopt, supplement and amend Design Committee Rules imposing design and materials standards, submittal procedures, review criteria and other factors to be considered and followed by the Design Committee and the Condominium Owners in connection with Construction Activities. I 0.3 Exemptions/Declarant Approval. Notwithstanding any other provision of the Restrictions, Declarant, need not seek Design Committee approval with respect to its construction or development activities of any kind, including without limitation any activity which would be classified as a "Construction Activity." I 0.4 Application. The Person submitting plans and specifications to the Design Committee ("Applicant'') must obtain a dated, written receipt for such plans and specifications and furnish the Design Committee with the address to which further communications from the Design Committee are to be directed. The Design Committee Rules may set forth application fees and deposits and procedures for the submission of plans for approval, require a fee to accompany each application for approval (or request for a certificate stating that Design Committee approval is not required), or establish additional factors which the Design Committee will take into consideration in reviewing submissions. The Design • Committee Rules may provide that the amount of any fee and/or deposit may be determined in any reasonable manner, such as based upon the cost of the construction, alterations or installations contemplated and/or the reasonable cost of architectural or other professional fees incurred by the Association in reviewing plans. 10.5 Criteria. The Design Committee shall consider and act upon all plans and specifications submitted for its approval under this Declaration and may perform such other duties as are specified in this Declaration, including the inspection of construction in progress to assure its conformance with the plans approved by the Design Committee. The Design Committee may approve plans and specifications submitted for its approval only if it determines that (i) the Construction Activity is in conformance with the Design Committee Rules, (ii) the Construction Activity in the locations indicated will not be detrimental to the appearance or use of other Condominium Units or the Condominium Properties as a whole, (iii) the appearance of any structure affected thereby will be in harmony with the surrounding structures, (iv) the Construction Activity and the product thereof will not detract from the attractiveness of the Association Property or the use thereof by the Members, and (v) the upkeep and maintenance thereof will not become a burden on the Association. 10.6 Conditions. The Design Committee may condition its approval of plans and specifications for any Improvement upon any of the following: (i) such changes therein as it deems appropriate, (ii) the grant of appropriate easements to the Association for the maintenance of the Improvement and access to all Condominium Association Property, (iii) the Applicant's agreement to reimburse the Association for the cost of reviewing the proposed Improvement SDH\30447.0001\362731.4 6/7/2007 -7- Packet Page 1720 (including legal and consultant costs) and for the cost of maintaining the Improvement, (iv) the Applicant's agreement to complete the proposed work within a stated period of time, and/or (v) the Applicant's furnishing the Association with a bond or other security acceptable to the Design Committee in an amount reasonably sufficient to (a) assure the completion of such Improvement or the availability of funds adequate to remedy any nuisance or unsightly conditions occurring as a result of the partial completion of such Improvement, and (b) to protect the Association and the other Condominium Owners against mechanic's liens or other encumbrances which may be Recorded against their respective interests in the Condominium Properties or damage to the Condominium Association Property as a result of such work. In addition to the foregoing, the Design Committee may require submission of additional plans and specifications or other information prior to approving or disapproving materials submitted. 10. 7 Review Period. The Design Committee may require such detail in plans and specifications submitted for its review as it deems proper. Until the Design Committee receives all required plans and specifications, the Design Committee may postpone review of any plan submitted for approval or determination of exemption. The Design Committee shall transmit its decision and the reasons therefore or a request for further information to the Applicant at the address furnished by the Applicant, within forty-five (45) days after the date of the receipt issued by the Design Committee for materials submitted to the Design Committee and the Design Committee determines that such application is complete. Subject to appeal procedures which may be adopted by the Board, any application or request for certificate of exemption submitted pursuant to this Section shall be deemed approved, unless the Design Committee transmits written disapproval or a request for additional information or materials to the Applicant within forty-five (45) days after the date of receipt by the Design Committee of the Applicant's submitted materials. 10.8 Meetings of the Design Committee. The Design Committee shall meet and/or otherwise confer as necessary to perform its duties hereunder. The vote or written consent (which may be transmitted by facsimile or email) of a majority of the members of the Design Committee constitutes an act of the Design Committee. The Design Committee may engage architects, landscape architects, designers, planners and such similar professionals and consultants and appoint such subcommittees as the Design Committee deems appropriate to assist the Design Committee in the evaluation of plans, specifications and other items submitted for Design Committee approval pursuant to the Declaration. The Applicant shall be responsible for the cost of any such professionals and/or consultants engaged with respect to such Applicant's plans and specifications. 10.9 No Waiver of Future Approvals. Design Committee approval of any proposals or plans and specifications or drawings for-any Construction Activity done or proposed or in connection with any other matter requiring Design Committee approval does not waive any right to withhold approval of any similar proposals, plans and specifications, drawings or matters subsequently or additionally submitted for approval or consent. 10.10 Compensation of Members. The Design Committee members shall receive no compensation for services rendered, other than reimbursement by the Association for expenses incurred by them in performing their duties. The foregoing shall not preclude payment of compensation approved by the Board to architects or similar professionals engaged to assist SDH\30447.0001\36273 l.4 6/7/2007 -8- Packet Page 1721 the Design Committee or the Design Committee Representative or to perform the function of the Design Committee member pursuant to this Section 10.10. 10.11 Correction of Defects. Inspection of work and correction of defects therein shall proceed as follows: I 0.11.1 Notice of Completion. The Design Committee or its duly appointed representative may at any time inspect any Improvement or Construction Activity for which approval of plans is required under this Article. The Design Committee's right of inspection of Improvements for which plans have been submitted and approved shall terminate sixty (60) days after the work of Improvement has been completed and the Design Committee has received written notice of such completion. The Design Committee's rights of inspection shall not terminate pursuant to this paragraph if plans for the work of Improvement have not previously been submitted to and approved (or determined exempt) in writing by the Design Committee. If the Design Committee finds that an Improvement was done without obtaining written approval of the plans therefor or was not done in substantial compliance with the plans approved by the Design Committee, it shall notify the Condominium Owner in writing of failure to comply with this Section 4.6, specifying the particulars of noncompliance. The Design Committee may require the Condominium Owner to take such action as may be necessary to remedy a noncompliance. • I 0.11.2 Noncompliance. If the Condominium Owner fails to remedy the noncompliance within sixty (60) days from the date the Design Committee's notice of noncompliance is deemed received by the Condominium Owner, the Design Committee shall notify the Board in writing of such failure. Upon Notice and Hearing, the Board shall determine whether there is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. If a noncompliance exists, the Condominium Owner must remedy or remove the same_within a period of not more than forty-five (45) days from the date that notice of the Board ruling is given to the Condominium Owner. If the Condominium Owner does not comply with the Board ruling within that period, the Board may Record a notice of noncompliance and may commence a lawsuit for damages or injunctive relief, as appropriate, to remedy the noncompliance. I 0.11.3 Compliance. If the Design Committee fails to notify the Applicant of any noncompliance with previously submitted and approved plans within sixty (60) days after receipt of written notice of completion from the Applicant, the Construction Activity shall be deemed to be in accordance with such approved plans. 10.11.4 Prosecution of Work. The Design Committee approval for any particular Construction Activity expires and the plans and specifications therefor must be resubmitted for Design Committee approval pursuant to this Section 10 if substantial work pursuant to the approved plans and specifications is not commenced within six (6) months after the Design Committee's approval of such Construction Activity. All Construction Activities shall be performed as promptly and diligently as possible and, unless an earlier completion date is specified in the Design Committee approval, must be completed within one (1) year after the date on which the work commenced. SDH\30447.0001\36273 l.4 6/7/2007 -9- Packet Page 1722 10.12 Scope of Review. The Design Committee shall review and approve or disapprove all plans submitted to it for any proposed Construct1on Activity solely on the basis of the considerations set forth in this Declaration. The Design Committee is not responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building codes or other governmental requirements. 10.13 Variances. The Design Committee may recommend variances from compliance with any of the architectural provisions of the Declaration and/or this Supplemental Declaration, including, without limitation, restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be approved by the Board, evid_enced in writing, and signed by at least two (2) officers of the Association certifying such Board approval, and are effective upon Recordation. No violation of the Restrictions shall exist with respect to any Construction Activity for which a variance is granted. The granting of such a variance does not waive any of the terms and provisions of this Declaration or of any Supplemental .Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor does it affect the Condominium Owner's obligation to comply with all governmental laws and regulations. 10.14 Pre-Approvals. The Board may authorize the pre-approval of certain specified types or classes of Construction Activities in the Design Committee Rules if, in the exercise of the Board's judgment, pre-approval of such types or classes of Improvements is appropriate in carrying out the purposes of this Declaration. 10.15 Appeals. The Board may adopt polices and procedures for the appeal of Design Committee decisions to the Board. The Board has no obligation to adopt or implement any appeal procedures, and in the absence of Board adoption of appeal procedures, all Design Committee decisions are final. 11. Insurance. The public liability insurance to be carried by Condominium Owners under Section 8.2 of the Declaration shall be in an amount not less than Two Million Dollars ($2,000,000), combined single limit, or in such other minimum amount as the Board may determine, covering all claims for personal injury and property damage arising out of a single occurrence with.the amount of any deductible approved by the Board. Each Condominium Owner shall review annually the limits of his insurance coverage and increase such limits as appropriate. Each Condominium Owner shall cause the Association to be named as additional insured under such Condominium Owner's liability policy(ies) and shall furnish the Association with a current certificate of such insurance at all times. 12. Condemnation of Condominium Association Property and/or Condominium Units. 12.1 Condemnation of Condominium Association Property an~or Condominium Units. If all or any portion of the Condominium Association Property, or any interest therein, is taken by right of eminent domain or by private purchase in lieu of eminent domain, the award in condemnation shall be paid to the Association and deposited in the SDH\30447.0001\362731.4 6/7/2007 -10- Packet Page 1723 applicable Operating Fund. The Association has the exclusive right to participate in such proceedings and shall, in its name alone, represent the interests of all Members_ with respect to the Condominium Association Property. 12.2 Minor Takings of Condominium Units Within Limits. If (a) there is a taking of a portion of one or more Condominiums such that the intended use of the Condominiums is not substantially and adversely affected, and (b) restoration of such Condominiums can be accomplished at a cost less than or equal to the sum of (i) the amount of the condemnation awards for such takings plus (ii) any amounts the Condominium Owners of the partially taken Condominiums wish to contribute to restoration plus (iii) an amount less than or equal to five percent (5%) of the Budgeted gross expenses of the Association for that Fiscal Year ( collectively, the "Allowable Cost'), then (provided that the applicable Condominium Owners have made their agreed upon contributions) the Board shall contract for such restoration and levy a Reconstruction Assessment against the applicable Condominium Owners in an amount equal to the Allowable Cost minus the amount of the condemnation awards and applicable Condominium Owners' contributions. The condemnation awards, Condominium Owners' contributions and Reconstruction Assessment shall be applied to such restoration. If the restoration is accomplished at a cost less than the amount of the condemnation awards, then that portion of the condemnation awards which exceeds the restoration costs shall be paid to the Condominium Owners of the partially taken Condominiums in proportion to the decreas¥s in the fair market values of their Condominiums; however, such awards shall first ~e applied to the balance then due on any Mortgages encumbering such Condominium Owners' Condominiums, in order of priority. • 12.3 Minor Takings of Condominium Units Exceeding Limits. If(a) there is a taking of a portion of one or more Condominiums such that the intended use of the Condominiums is not substantially and adversely affected, and (b) restoration cannot be accomplished at a cost less than or equal to the Allowable Cost, then the Board shall call a Special Meeting of the Condominium Owners of Condominium Units. If more than fifty percent (50%) of the voting power of the Condominium Owners of Condominium Units of the taken Condominium Units is represented at such Special Meeting, either in person or by proxy, and a majority of the votes of the taken Condominium Units cast at such Special Meeting in favor of levying a Reconstruction Assessment in an amount equal to the restoration costs minus the sum of the amount of the condemnation awards and the amounts the Condominium Owners of the taken Con_dominiums wish to contribute to such restoration, then upon the receipt by the Association of all contributions agreed to by the applicable Condominium Owners, the Board shall contract for such restoration and levy a Reconstruction Assessment, and the condemnation awards, applicable Condominium Owners' contributions and Reconstruction Assessment shall be applied to such restoration. 12.4 Major Takings of Condominium Association Property. If the requisite approval is not obtained at the Special Meeting referred to above, or if there is a taking of a portion of one or more Condominiums such that the Condominiums are not capable of being restored without the intended use of the Condominiums being substantially and adversely affected, then the award in condemnation shall be paid to the Condominium Owners of the taken Condominiums; however, such award shall first be applied to the balance then due on any Mortgages encumbering such Condominium Owner's Condominium, in order of priority. The SDH\30447.0001\36273 l.4 6/7/2007 -11- Packet Page 1724 Board shall have the remaining portions of the taken Condominiums razed. The remaining portions of the taken Condominiums shall become part of the Condominium Association Property, and the Condominium Owners of such taken Condominiums, by acceptance of the award allotted to them in taking proceedings, relinquish (a) to the other Condominium Owners, on the basis of their relative Condominium Ownership of the Common Area therein, such Condominium Owners' undivided interest in the Common Area, and (b) to the Association, the remaining portions of the Condominiums. Each Condominium Owner relinquishing his interest in the Common Area pursuant to this Section shall, at the Board's request and at the Association's expense, execute and acknowledge such deeds and other instruments which the Board considers necessary or convenient to evidence such relinquishment. Each Condominium Owner of a taken Condominium is not liable for Assessments under the Declaration (and this Supplemental Declaration) which accrue on or after the date such Condominium Owner accepts his condemnation award. 13. Unsegregated Real Property Taxes. To the extent not assessed to or paid by the Condominium Owners, the Association shall pay all real and personal property taxes and Assessments levied on the Condominium Properties. If any Condominiums are taxed under a tax bill covering more than one Condominium, then each Condominium Owner shall pay his share of any installment due under the tax bill to the Association at least ten (10) days before the delinquency date. The Association shall transmit the taxes to the appropriate tax collection agency on or before the delinquency date. The Association shall allocate taxes among the Condominium Owners and their Condominiums, based on the percentage share of Common Expenses allocated to each Condominium as compared to the total number percentage of Common Expenses allocated to all Condominiums subject to the unsegregated tax bill. The Association shall, at least forty-five ( 45) days before the delinquency date of any tax installment, deliver to each Condominium Owner a copy of the tax bill, along with a written notice setting forth the Condominium Owner's obligation to pay his share of the tax installment and the potential additional charges to the Condominium Owner for failure to comply. The Association shall pay the taxes on behalf of any Owner who does not pay his share. The Association shall add to the Annual Assessment of a delinquent Owner the amount of any sum advanced, plus interest at the rate often percent (10%) per annum and any amount necessary to reimburse the Association for any penalty or late charge actually assessed in connection with the tax bill, which late charge results from the failure of the delinquent Condominium Owner to make timely payment of his share of the taxes. 14. Conflicts. In the event of any conflict between any provision of the Declaration and any provision of this Supplemental Declaration, this Supplemental Declaration shall prevail and control. 15. Amendment. 15.1 Amendment by Declarant. So long as Declarant owns all or any portion of the Condominium Properties, this Supplemental Declaration may be amended by Recording a written instrument signed by Declarant setting forth such amendment. Such amendment by Declarant shall not require the approval of the other Owners. SDH\30447.0001\36273 l.4 6/7/2007 -12- Packet Page 1725 15.2 Amendments by Owners. The provisions of this Supplemental Declaration may be amended by Recording an instrument, signed and acknowledged by Declarant (for so long as Declarant owns a Condominium Unit in the Condominium Properties) and two (2) officers of the Association, setting forth the amendment and certifying that such amendment has been approved by (a) Owners representing more than fifty percent (50%) of the voting power of the Association, (b) Condominium Owners representing more than fifty percent (50%) of the voting power of the Condominium Owners, and (c) the requisite percentage of holders and insurers of first Mortgages encumbering the Condominium Properties, in the case of those amendments which this Supplemental Declaration requires to be approved by first Mortgagees, as described in Section 15.3 below. Amendments shall be effective upon Recordation. So long as Declarant owns a Lot or Condominium Unit in the Properties there shall be no amendment to the Restrictions without Declarant's written approval. 15.3 Approval of First MortgageesNotwithstanding anything to the contrary in Section 15 .2 above, any of the following amendments, to be effective, must be approved by more than fifty percent (50%) of first Mortgagees of Condominium Units who have requested the Association to notify them of proposed action requiring the consent of a specified percentage of first Mortgagees, based upon the Percentage Share of Condominium Common Expenses allocated to a Condominium Unit pledged as security for the respective first Mortgage: (a) any amendment which affects or purports to affect the validity or priority of encumbrances or the rights or protections granted to Beneficiaries of first Mortgages of Condominium Units; (b) any amendment which would necessitate a Mortgagee after it has acquired a Condominium Unit through foreclosure to pay more than its proportionate share of any unpaid assessment or assessments accruing after such foreclosure; ( c) any amendment relating to the insurance provisions of this Supplemental Declaration, the application of insurance proceeds or the disposition of any money received in any taking under condemnation proceedings; ( d) any amendment which would or could result in termination or abandonment of the Condominium Properties or partition or subdivision of a Lot in any manner inconsistent with the provisions· of this Supplemental Declaration; and/or (e) any amendment which would or could result in (i) an encumbrance being cancelled by forfeiture, or (ii) an individual Condominium Unit not being separately assessed for tax purposes .. Any approval by a holder of a first Mortgage required under this Section 15 .3 must either be given in writing, or is deemed given if, within thirty (30) days after receipt of written notice of the proposed action sent via registered or certified mail, return receipt requested, the holder does not submit a written response to the notice. SDH\30447.0001\362731.4 6/7/2007 -13- Packet Page 1726 Declarant has executed this Supplemental Declaration as of the date set forth below. Dated: J (AM'--= I '2-, 2007 SDH\30447.0001\362731.4 6/7/2007 WA TERMAN BP, LLC, a California limited liability company By: SEVENTH STREET DEVELOPMENT, LLC, a California limited liability company Its: Manager By: Its: -14- Packet Page 1727 STATE OF CALIFORNIA ) ) ss COUNTY OF L@ ~w On ..)'--'t\ o ~ \ 1-, 200]_, before me, -~e,~(}«.:.:Yic....c0.-=------_\(-1-•-1)-=-=--n--'--'7.QS---==----'' Notary Public, personally appeared __ ....::C..~'Yi~<A-~~-~...\-----=h.J--=....:.v.....!V'\!........!...!.;-=~:...5!.....-______ _ personally known to me (~r f>FO¥@a te me on the basis of satisfact6fj' evidefl:cc) to be the perso~ whose namets') isfttre subscribed to the within instrument and acknowledged to me that hefsfleftiirey executed the same in hisfher/tneir authorized capacity(ics), and that by hi~/their signaturets) on the instrument the personfs'), or the entity upon behalf of which the perso~ acted, executed the instrument. WITNESS my hand and official seal. SDH\30447.0001\362731.4 6/7/2007 -15- CMA ,. DIIJOI I comm1111on ti 1706311 t We • Callfomle (SEAL) Packet Page 1728 ILLEGIBLE NOTARY SEAL DECLARATION GOVERNMENT CODE 27361.7 I certify under penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary ___ ___,,,~=-.;;;.:.....:tA..=-=.._'l....<.....,:..____.D■-<....l.o...J· .... 2""""""0 .... S~---------- Commission Number ___ 1_7..........,,D~(p~3'-~~7~------------- • Date Commission Expires. __ _,Nc.......:....J/J~V_•______,(h...__,Qoe-,,-->e-d::--'0=--cl---'O=-----------7 County Where Bond is Filed, __ ___.:;_L-__:o:...;.s=------'-A-Yl.:....:......_,5,....._,d=..:....::.~..::=<...----------- Place of Execution of this Declaration =Irv....:...:.:.ain=e,_C=A'-'--"'9=2-=-61=-4.,__ ____________ _ LandAmerica Commercial Services Packet Page 1729 SUBORDINATION The undersigned, as Beneficiary of the beneficial interest in and under that certain Deed of Trust dated October 24, 2005, and recorded on October 27, 2005, in the Official Records of San Bernardino County, California, as Instrument No. 2005-0807833, which Deed of Trust is between Waterman BP, LLC, a California limited liability company, as Trustor, Commonwealth Land Title Company, as Trustee, and JPMorgan Chase Bank, N.A., as Beneficiary, hereby expressly subordinates such Deed of Trust and its beneficial interests thereunder to the foregoing Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Waterman Business Center ("Declaration'') and to all easements to be conveyed to the Association in accordance with the Declaration. By executing this Subordination, the undersigned agrees that should the undersigned acquire title to all or any portion of the Condominium Properties by foreclosure (whether judicial or nonjudicial), deed-in-lieu of foreclosure or any other remedy in . . or relating to the Deed of Trust, the undersigned will acquire title subject to the provisions of the Declaration, which shall remain in full force and effect. -Dated: ..) v.f' < ) 3 SDH\30447.000 I \362731.4 6/7/2007 , 2007 JPMORGAN CHASE BANK, N.A., a national banking ass ciation By: By: -16- Packet Page 1730 ST ATE OF CALIFORNIA ) ) ss ) i.~ 1 / On :-S, 1 l'.\l. I':> , 200l, before m~, .~') A -~~bJCo.u ,£,,~ • Notary Public, personally appeared EDt .,_10 U) ,r;. (~ ... ~ 1 VtCL ~c{a4 , personally known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ST A TE OF CALIFORNIA COUNTYOF'/'lA.o._1.'~ ) ) ss ) OW, I/\L l~ , 200:1, before .. (SEAL) Notary Public, personally appeared _L.!.!' "~~.b.:..~~~~~.:U~-lL-~:___µ~~l.lUA.A:___ personally known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the person( s ), or the entity upon behalf of which the person( s) acted, executed the instrument. WITNESS my h d and official seal. , (SEAL) SDH\30447.0001\36273l.4 6/7/2007 -17- Packet Page 1731 EXHIBIT "1" CONDOMINIUM ASSOCIATION PROPERTY The ':Association Property" as defined and described in the Condominium Plan recorded on .:::fun., -c51,7 _, 2007, as Instrument No. ol/JIJ7-t75$'tJ.;24'"~uch Association Property includes, without limitation, Common Walls, other bearing walls, roofs, all other structural elements of the buildings in which the Condominium Units are located; the parking and landscape areas located on Lots 1 and 2 of Tract 18083; the water and sewer systems serving such Lots 1 and 2 ( excluding storm drain catch basins and related filter systems located on Lot 1 ); and the exterior lighting located on Lots 1 and 2. The parkway landscaping within the right-of-way bordering Lots 1 and 2 of Tract 18083. The Condominium Association Property includes for maintenance purposes the "City Property" as defined in, and subject to the terms and conditions of, the Easement Deed and Agreement between Declarant and the City of San Bernardino recorded in the Official Records of San Bernardino County, California, on Oct. ~ , 200·6, as Instrument No. 20DD-O<c8~03S-: The Individual Building Fire Water Systems (including, without limitation, monitoring equipment) for Lots 1 and 2 of Tract No. 18083. SDH\30447.0001\362731.4 6/7/2007 Packet Page 1732 SDH\30447.0001\362731.4 6/7/2007 EXHIBIT "2" LOADING AND PARKING AREA Packet Page 1733 w ::> z 'W >~ <( t:; w er I- I z l/1 <( ~ ~ ~ a:~ 1W I- <( ~ 01 <( 0 a: ~ I- w w er w I-{!) I l/1 <( ~ I-~ z a. ~ 0 a: LL, I I 12'-0" Ill LOT I Ill l!l -_COMf0ERC/~L ROAD -- 12'-0" LOT2 PROPERTY LINE (PUBLIC STREET) ----- EXHIBIT 2 -LOADING AND PARKING AREAS ~ LOADING AND P.ARKING AREA ----- Ill Ill ---- DATE: 4.27.2007 Packet Page 1734 EXHIBIT "3" PERCENTAGE SHARE OF CONDOMINIUM COMMON EXPENSES Percentage Share of Condo Unit Condominium Common Ex~enses A-1 6.20% A-2 3.06% A~3 3.10% A-4 3.10%1 A-5 3.06% A-6 3.06% A-7 3.08% A-8 3.08% A-9 3.06% A-10 3.06% A-11 3.10% A-12 3.10% A-13 3.06% A-14 5.33% B-1 6.65% B-2 3.15% B-3 3.19% B-4 3.19% B-5 3.15% B-6 3.15% B-7 3.17% B-8 3.17% B-9 3.15% B-10 3.15% B-11 3.19% B-12 3.19% B-13 3.15°/o B-14 6.90% Total 100% SDH\30447.0001\362731.4 6/7/2007 Packet Page 1735 EXHIBIT B AGREEMENT OF ALL PARTIES TO COFAS Packet Page 1736 From:Susan Kang To:Craig Furniss; Scott Furniss Cc:gustavo@adesainternational.com; Brandon Smith Subject:Fwd: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Date:Thursday, August 18, 2022 4:54:22 PM Attachments:image002.png Craig- please see submittal from ADESA. Again, we will agree to your conditions. Please provide us with a letter we can provide to city planning. Thank you. Kind Regards, Susan Kang Co-Founder *please excuse any typos as this was sent from my phone* T:: (909) 370-0155 D:: (909) 498-2471 F:: (909) 370-0151 E:: susan@countryarcher.com CONFIDENTIALITY NOTICE This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message along with any attachments, from your computer system. From: Brandon Smith <brandon.smith@dpsprocess.com> Sent: Thursday, August 18, 2022 4:44 PM To: Gustavo Orozco <gustavo@adesainternational.com>; Susan Kang <susan@countryarcher.com>; Alberto De Santiago <alberto@adesainternational.com>; Ignacio Varela <nacho@practical-solutions.us> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital THIS IS AN EXTERNAL EMAIL! Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support Gustavo, I just sent an email to everyone with the necessary responses. As discussed, ADESA has agreed to the conditions as proposed by Craig (ref: 9/1/22) date and I have updated the letter to say that. Please also realize, getting the posts up are CRITICAL. Susan noted that there MAY (not guaranteed) leniency from Craig if progress is shown. Get those post up immediately, have Maya coordinate directly with Ed at SGE to ensure he does Packet Page 1737 EXACTLY what is shown in the drawing. Thank you, Brandon Smith Director of Operations DPS Process Solutions (c) 949.358.0755 www.disruptiveprocesssolutions.com From: Gustavo Orozco <gustavo@adesainternational.com> Sent: Thursday, August 18, 2022 1:53 PM To: Brandon Smith <brandon.smith@dpsprocess.com>; Susan Kang <susan@countryarcher.com>; Alberto De Santiago <alberto@adesainternational.com>; Ignacio Varela <nacho@practical- solutions.us> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Hey Brandon, Sorry for not being able to answer earlier, we were in a meeting and just got out… We understand everything and also we understand that the association will not put anything written for the city until we agree to their 9 points… As Carig says we agree to the 7 first points but we would like to request if it’s possible as a favor to start this until 9/8/2022… we know beforehand that everything with Airgais will be ready until 9/20/2022 so it is a lot of Money that Adesa needs to pay to association, let’s try it and see if they are willing to cooperate with one extra week, if not we’ll have to agree, we have no other choice… hopefully they will understand… Regards. Packet Page 1738 From: Brandon Smith <brandon.smith@dpsprocess.com> Sent: Thursday, August 18, 2022 9:44 AM To: Susan Kang <susan@countryarcher.com>; Gustavo Orozco <gustavo@adesainternational.com>; Alberto De Santiago <alberto@adesainternational.com>; Ignacio Varela <nacho@practical- solutions.us> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Gustavo, I suggest we agree to 9/1 and proceed with EZ pad procurement. Let’s move as fast as we discussed with AirGas and then eventually, plan check will occur. Brandon Smith Director of Operations DPS Process Solutions (c) 949.358.0755 www.disruptiveprocesssolutions.com From: Susan Kang <susan@countryarcher.com> Sent: Thursday, August 18, 2022 12:39 PM To: Brandon Smith <brandon.smith@dpsprocess.com>; gustavo@adesainternational.com; 'Alberto de Santiago' <alberto@adesainternational.com>; Ignacio Varela <nacho@practical-solutions.us> Subject: Re: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Brandon, that’s not how I read Craig's email. He is not lifting his block with the planners for ADESA, esp without an agreement with us. So that needs to be step 1 in my opinion. ADESA- Craig sent the email Mon. It's Fri now! Please respond to my 8/15 email. Thank you. Kind Regards, Susan Kang Co-Founder *please excuse any typos as this was sent from my phone* T:: (909) 370-0155 D:: (909) 498-2471 F:: (909) 370-0151 E:: susan@countryarcher.com Packet Page 1739 This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message along with any attachments, from your computer system. From: Brandon Smith <brandon.smith@dpsprocess.com> Sent: Thursday, August 18, 2022 9:30:43 AM To: Susan Kang <susan@countryarcher.com>; gustavo@adesainternational.com <gustavo@adesainternational.com>; 'Alberto de Santiago' <alberto@adesainternational.com>; Ignacio Varela <nacho@practical-solutions.us> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital THIS IS AN EXTERNAL EMAIL! Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support Susan, The City will need something in writing from the Association to permit plan checking on the EZ Pads. ADESA is willing to install the EZ Pad design with the understanding it’s “not permitted” right away, but the Association will need to communicate to the city that it’s ok to review the plans. Brandon Smith Director of Operations DPS Process Solutions (c) 949.358.0755 www.disruptiveprocesssolutions.com From: Brandon Smith Sent: Thursday, August 18, 2022 12:26 PM To: Susan Kang <susan@countryarcher.com>; gustavo@adesainternational.com; 'Alberto de Santiago' <alberto@adesainternational.com>; Ignacio Varela <nacho@practical-solutions.us> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Alberto/Gustavo, Your call here. But make the call quick. Brandon Smith Director of Operations Packet Page 1740 DPS Process Solutions (c) 949.358.0755 www.disruptiveprocesssolutions.com From: Susan Kang <susan@countryarcher.com> Sent: Thursday, August 18, 2022 12:18 PM To: gustavo@adesainternational.com; 'Alberto de Santiago' <alberto@adesainternational.com>; Ignacio Varela <nacho@practical-solutions.us>; Brandon Smith <brandon.smith@dpsprocess.com> Subject: Fwd: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital See below and Please let me know today. He will not move on the 9/1 deadline. You guys are moving too slow! Kind Regards, Susan Kang Co-Founder *please excuse any typos as this was sent from my phone* T:: (909) 370-0155 D:: (909) 498-2471 F:: (909) 370-0151 E:: susan@countryarcher.com CONFIDENTIALITY NOTICE This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message along with any attachments, from your computer system. From: Craig Furniss <cfurniss@7thsd.com> Sent: Thursday, August 18, 2022 6:45:46 AM To: Susan Kang <susan@countryarcher.com> Cc: gustavo@adesainternational.com <gustavo@adesainternational.com>; Scott Furniss <sfurniss@7thsd.com>; 'Alberto de Santiago' <alberto@adesainternational.com>; Brandon Smith <brandon.smith@dpsprocess.com> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital THIS IS AN EXTERNAL EMAIL! Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support HI Susan Packet Page 1741 Please note that the first 7 conditions are precisely the same as what you and Adesa already agreed to in the attached Administrative Development Permit with the City of San Bernardino (see conditions 19-25 on page 6 of the attached permit from the City). Nothing new here. Additionally, we will require Condition of approval #26 be observed from the permit: “WBCA requires proper notice (minimum 3 business days) and insurance before starting construction over, near, under, around the fire water main that runs through the proposed construction area.” I am sure you and Adesa are already aware of this requirement but I am repeating it here to make sure. There is nothing new here, other than the changes Adesa is making. We don’t understand why it is taking so long to respond especially given the limited time to complete the improvements. Please respond today. Extensions to the September 1 date will not be granted. Thanks Craig From: Susan Kang <susan@countryarcher.com> Sent: Wednesday, August 17, 2022 9:18 AM To: Craig Furniss <cfurniss@7thsd.com> Cc: gustavo@adesainternational.com; Scott Furniss <sfurniss@7thsd.com>; 'Alberto de Santiago' <alberto@adesainternational.com>; Brandon Smith <brandon.smith@dpsprocess.com> Subject: Re: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Craig, I’m in connect with ADESA. We are aligning on your concerns and the 9 conditions. We will get back to you soon. Thanks Susan *please excuse any typos as this was sent from my phone* T:: (909) 370-0155 D:: (909) 498-2471 F:: (909) 370-0151 E:: susan@countryarcher.com CONFIDENTIALITY NOTICE This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message along with any attachments, from your computer system. From: Craig Furniss <cfurniss@7thsd.com> Sent: Wednesday, August 17, 2022 9:05:51 AM To: Susan Kang <susan@countryarcher.com> Cc: gustavo@adesainternational.com <gustavo@adesainternational.com>; Scott Furniss <sfurniss@7thsd.com> Packet Page 1742 Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital THIS IS AN EXTERNAL EMAIL! Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support Susan I left a voicemail for you earlier this week. I have not heard back from you regarding my email from Monday. Time is of the essence in this matter. Please respond. Thank you Craig From: Craig Furniss Sent: Tuesday, August 16, 2022 12:14 PM To: Susan Kang <susan@countryarcher.com> Cc: gustavo@adesainternational.com; Scott Furniss <sfurniss@7thsd.com> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Our field measurement this morning indicates that the dimension shown as 15’4” by us on the marked up SP2 plan (from face of existing curb to the edge in line with the curb in the parking lot) is actually approximately 16’ so you should be able to have as much as 14” from the face of curb to the post (this is the dimension we label as 6” or greater). Please verify but if true, there should be no issue here. Please show requested dimensions on updated plan submitted for approval. From: Craig Furniss Sent: Monday, August 15, 2022 2:22 PM To: Susan Kang <susan@countryarcher.com> Cc: gustavo@adesainternational.com; Scott Furniss <sfurniss@7thsd.com> Subject: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Susan: Thank for the more complete submittal. Unfortunately, it does not address the comments in our August 4, 2022 email to you in the following respects: 1. Modified Slab Design is still proposed – the submittal still proposes a new slab design requiring a higher (12.5’) screen wall and a resubmittal to San Bernardino. Revisions from the prior submitted plans are not highlighted as we requested. 2. Distance Between Columns and curb not shown on Detail 1 of SP2 as we specifically requested. Please see attached mark up. Please field verify the minimum existing dimension in the field of 15’4”. We believe the enclosure will protrude 4” beyond the curb into the parking lot toward the building. Is this acceptable to you and the city? WBCA will allow this 4” protrusion. Please show this accurately on the plan. We require a minimum of 6” from edge of column to the curb as shown in the mark up. The post is 5” wide. An alternative Packet Page 1743 might be to mount the posts on the curb if you are not able to protrude the enclosure into the parking lot. 3. Tree Type and Root Barrier on LP-1/Trees - The following note was added to LP-1 “Deeproot LB 18-2 Linear Root Barrier, 18” Deep x 24” Long segments, installed per manufacturer’s instructions”. Deeproot has a linear root barrier system called “UB” (not LB). Is this what is being specified? If so, we request Deeproot “UB 36-2” be used so that a 36” root barrier is created. Additionally, please show the linear placement of the root barrier to be, at a minimum, the “L” shape root barrier system we marked on LP-1. Finally, we noted that Catalina Cherry has been specified for the tree replacement for the Ficus. Would you please discuss with your landscape architect the use of five 24” box Photinia x Faseri (Red Robin) instead? If used, the Photonia should be spaced 2.5’ apart (this would make a 12.5’ wide hedge) and centered on the 14’ wide enclosure wall. The photinia should be a minimum of 2’ from the transformer wall and 2’ from the trash enclosure wall. The concern with the Catalina Cherry is that it bears fruit (which could attract rodents and foul the storm drain trench). Catalina Cherry trees also grow to 40’ high. We are told that Photinia are drought tolerant and grow 9-12’ tall. We are open to input from your landscape architect on this but feel Photinia might be a better fit. If the applicant (Building Owner S&E Investments) agrees to the 8 conditions of approval below (which will be incorporated into an approval letter acknowledged by Owner (S&E Investments)), then for the sake of expediting the resolution of this issue, we will agree to allow the modification to of what you refer to as “EZ Slab” and the higher 12.5” enclosure wall if you (S&E Holdings). (Note the first 7 conditions below are already included in Adesa’s Administrative Development Permit with the City of San Bernardino.) Our final approval (if issued) will include an agreement between the Building Owner (S&E Investments) and the Waterman Business Owners Association (WBCA) with a complete set of plans attached evidencing this acceptance. 1. Applicant and any of its tenants shall ensure that all its vehicles and those of its employees and visitors park only on the 379 E Industrial Road lot and do not park on any other owner’s property without a written agreement in place with that owner. 2. Bobtail and semi-trucks will park, load and unload only in the areas designated on Exhibit A. Applicant will limit semi-trucks access/egress to and from the lot to between the hours of 9:00 pm and 6:00 am. No semi-trucks will park on site outside of these hours. 3. Applicant agrees to screen the Liquid Nitrogen Tank in accordance with the plans approved by WBCA and the metal screening material will be painted to match the main building field color of 379 E Industrial Building. 4. Applicant agrees to install and maintain landscaping (including proper irrigation) to screen views from adjacent property in accordance with the plans approved by Waterman Business Center Association (WBCA). 5. Applicant agrees to properly and promptly dispose of all waste to minimize odors and pests. 6. No utility lines will be mounted on the exterior of the building. 7. The storm drain trench (which is WBCA property) is to remain undisturbed before, during and after construction. The storm drain flow of the lot will be maintained and not altered. 8. As requested numerous times by WBCA, Applicant shall remove the unapproved LIN that is currently on the property no later than 9/1/22. For each day of delay beyond this date, applicant (owner of building) shall pay WBCA $250/day for the first 7 calendar days, $500/day Packet Page 1744 for the next 7 calendar days, and S1,000 for any days beyond 14 calendar days. 9. All costs of WBCA plan reviews are paid current and any future costs associated with plan review and construction compliance or delays (per #8 above) are paid within 30 days of invoicing. Thank you Craig Craig Furniss Waterman Business Center Association By: Seventh Street Development, its manager 328 E Commercial Road #107 San Bernardino, California 92408 Phone: 562/427-7718 Fax: 562/427-7774 Email: cfurniss@7thsd.com From: Susan Kang <susan@countryarcher.com> Sent: Friday, August 12, 2022 2:46 PM To: Craig Furniss <cfurniss@7thsd.com>; Scott Furniss <sfurniss@7thsd.com> Cc: gustavo@adesainternational.com Subject: Fwd: Final submital Sorry about that. Here are the attachments. Kind Regards, Susan Kang Co-Founder *please excuse any typos as this was sent from my phone* T:: (909) 370-0155 D:: (909) 498-2471 F:: (909) 370-0151 E:: susan@countryarcher.com CONFIDENTIALITY NOTICE This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and Packet Page 1745 From: Gustavo Orozco <gustavo@adesainternational.com> Sent: Friday, August 12, 2022 2:41:02 PM To: Susan Kang <susan@countryarcher.com> Subject: Final submital THIS IS AN EXTERNAL EMAIL! Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support Here you go Susan… Regards. Packet Page 1746 EXHIBIT C WBCA CIRCULATION LAYOUT Packet Page 1747 Packet Page 1748 ATTACHMENT H RESPONDENT (ADESA) STATEMENT WITH EXHIBITS Packet Page 1749 CARNEY MEHR A law firm Kendra L. Carney Mehr 23 Corporate Plaza Drive, Suite 150 Newport Beach, CA 92660 (949) 629-4676 klcm@carneymehr.com September 30, 2024 Planning Commission City of San Bernardino Vanir Tower 290 North D Street San Bernardino, California 92401 via Mike Rosales Rosales_Mi@sbcity.org Sent via email Re: Address: 379 E. Industrial Road, San Bernardino Appeal No.: AP 24-05 Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-20 To the Honorable Members of the Planning Commission: This response to the Appeal of the July 20, 2023, Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-20 is submitted on behalf of S&E Investments, LLC (“S&E”) and Adesa International, LLC (“Adesa”), owner and tenant, respectively (“Respondents”), of 379 E. Industrial Road in the City of San Bernardino (the “Property”). Request to Continue the Hearing The present appeal was submitted by the Waterman Business Center Association (“WBCA”) on September 4, 2024, to challenge the Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-20 issued July 20, 2023. The Respondents Packet Page 1750 2 were notified of the appeal the following week, on September 10, 2024. At the same time, the Respondents were informed that the appeal hearing before the Planning Commission would be held October 8, 2024. That same day, September 10th, this office informed the City that Adesa’s counsel would be out of State for business October 6, 2024, through October 9, 2024, and requested the matter be continued to the following Planning Commission meeting. The City denied the request and stated that only the appellant, who does not own or operate the Property impacted by Permit 22-20, could request such a continuance. Respondents were provided less than 30 days’ notice of the hearing before the Planning Commission, are unable to have their counsel present, and hereby renew their request to the Planning Commission to continue this hearing to the next available date. Summary of Opposition As discussed in greater detail below, Respondents oppose the appeal for the following reasons: 1. The appeal is untimely. 2. There is no nexus between the permit and the conditions the WBCA seeks to impose. 3. The conditions the WBCA seeks to impose are outside the scope of the relative CC&Rs and would cause the Respondents to be treated differently from all other owners/operators within the business center. 4. The grounds and evidence submitted by the WBCA are misleading. 5. The allegations made by the WBCA are best addressed between the WBCA and Respondents without burdening the City. Background The Property The Property consists of a 0.83-acre parcel improved by a 16,237 square-foot industrial warehouse. The lot includes designated parking spaces and is accessed by a standalone private driveway contained within its own parcel that is not otherwise designated as a Common Driveway pursuant to the Association’s CC&R’s. To be clear, the entirety of the lot is owned and used by the Respondents. The lot does not include common area apart from shared utilities such as drainage. The Property is highlighted on the Plat Map shown here: Packet Page 1751 3 Furthermore, Exhibit “C” to the Association’s CC&Rs shows that the Property is accessed by a designated private driveway, not a Common Driveway: Packet Page 1752 4 Original Administrative Development Permit 22-20 When Adesa leased the Property, Adesa obtained a business license and utilized a temporary nitrogen tank to quick-freeze their fresh food products to allow for a longer shelf- life. Adesa applied for Administrative Development Permit 22-20 in order to install a permanent nitrogen tank for this same purpose. During the application process, Adesa sought the approval of the WBCA for the construction. The WBCA agreed to approve the improvement but sought to impose multiple conditions in addition to the City’s conditions. Adesa initially acquiesced to the WBCA’s additional conditions because Adesa understood them to be restrictions limited to the duration of construction. The conditions demanded by the WBCA were included as Condition Nos. 20 through 26 to Administrative Development Permit 22-20, issued June 22, 2022, and shown here: Following completion of construction of the improvement, Adesa learned that WBCA intended for the conditions to be permanent. Adesa, through this office, contacted the City and requested an amendment to the permit. On July 20, 2023, the City issued Amended Administrative Development Permit 22-20 which removed all seven conditions required by the WBCA. The amended permit shows conditions 20 through 26 are removed: Packet Page 1753 5 In a memorandum informing the WBCA of the City’s issuance of an amendment to the permit, the City stated that: The WBCA received notice of the amendment the same day as the Respondents, July 20, 2023. The WBCA submitted the present appeal September 4, 2024. Respondents Request Planning Commission Deny the Appeal The Respondents request the Planning Commission deny the appeal for the following reasons: Packet Page 1754 6 The Appeal is Untimely WBCA received notice of the Amendment to Administrative Development Permit 22-20 on July 20, 2023, the same day as the Respondents. Further, WBCA sent a letter to the City on July 24, 2023, discussing the same Amendment. However, WBCA’s application to appeal this determination was not submitted until September 4, 2024. 412 days after the actions was taken. The face of the City's appeal form states "pursuant to Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code, an application for appeal must be filed on a City application form within 15 days following the final date of an action, accompanied by the appropriate appeal filing fee." This accurately reflects Section 19.52.100. Additionally, Section 19.52.140 (Reconsideration) further states that "if more complete or additional facts or information, which may affect the original action taken on an application by a review authority are presented, the review authority may reconsider such action taken, if a request for reconsideration is filed with the Department within 15 days following the final date of action." And, on the face of the Amendment itself, the City stated: The permit became final on August 4, 2023, at which point the Respondents obtained a vested interest in its validity and finality. A gap of 412 days from the time the City took action makes the current appeal untimely. As such, it should not have come before the Planning Commission, and it must be denied. No Nexus Between the Conditions and the Permit The Property has a separate, private driveway and dedicated parking lot for its deliveries and employee parking. Additionally, Industrial Road allows public parking without restriction. Despite this, the Association seeks to impose conditions upon S&E indefinitely and Adesa for the duration of its lease, that uniquely burden this particular Property, and only this Property. In the case of Nollan v. California Coastal Commission, 483 U.S. 825 (1987), the U.S. Supreme Court determined that a condition of permit approval had to have an “essential nexus” to the proposed project. There is no such nexus here. Packet Page 1755 7 Specifically, Condition 20, which WBCA now seeks to reinstate, places strict limitations on S&E and its tenants, current and future, in its own, separate and private lot, such that the Property can only allow semi-trucks access to and from the Property between the hours of 9:00 p.m. and 6:00 a.m. WBCA asserts this condition is necessary to “limit the traffic congestion and unnecessary parking associated with the use.” However, the vast majority of the year, Adesa receives an average of three semi-trucks, three times per week with each of these semi-trucks being parked entirely on Adesa’s lot, for an average of 45 minutes. These trucks use the driveway that serves the Property only. It takes less than one minute for semi-trucks to back into the private drive and trucks never park to block traffic in the street. Adesa has submitted videos that show its employees are able to park and exit the parking lot while the semi-truck in parked in the lot for deliveries. And, the streets surrounding the business center, primarily Waterman, Industrial, and Commercial, are common semi-truck thoroughfares regardless of Adesa’s use. Therefore, there is virtually no impact to the remainder of the Association’s properties or their respective parking lots, let alone congestion or any other issue that results in spillover parking. This condition has no nexus to the use permitted and it unreasonably limits Adesa’s business which relies on deliveries from its vendors that arrive during daytime hours. Adesa is a fresh food manufacturer, its products and ingredients have a short shelf-life, and it does not rely on frozen storage at this location. Adesa’s business model and product do not allow for the ability to require its vendors to deliver only overnight. Adesa is subject to both FDA and USDA requirements. The FDA requirements for safe transport/loading/unloading of perishable food items require that the food items being delivered be maintained at a set temperature during transport/loading/ unloading to avoid contamination or "temperature abuse." The basis for this rule is that: "Maintaining the desired or ideal holding temperature is a major factor in protecting perishable foods against quality loss during storage and distribution. Quality loss is a function of both time and temperature abuse. Abuse is additive and, even for short periods of time during loading, transit, and unloading, may cause a considerable amount of quality loss by the time the product reaches its destination. Abuse can result from temperatures that are either too high or too low. For example, high temperatures cause loss of vitamin C in asparagus, and sugar or sucrose depletion in fresh sweet corn (figure 1). Low temperatures can cause chilling injury to fresh fruits and vegetables. This may not show up until the product is at the retail store or on the consumer’s table, where failure to ripen properly, off-flavors, discoloration, pitting, and other signs of poor quality may be evident." US food defense guidelines also require loading and unloading of food products take place as close as possible to the site of use (the building) to prevent adulteration of the product. Packet Page 1756 8 There are USDA inspectors on the property to monitor the process each time the tenant runs production, and they will not allow ingredients to sit on Industrial Road or be carted from the street to the back of the building due to these risks. Finally, this prohibition on deliveries will severely, negatively impact S&E’s long-term ability to lease the Property going forward and the value of rent it will be able to demand should Adesa be forced to vacate. There is simply no nexus between the condition and the Administrative Development Permit allowing the installation of the nitrogen tank. Conditions 20 Through 26 Are Outside the Authority of the WBCA and Cause Respondents to be Treated Differently from All Other Owners and Users in the Center WBCA does not provide any authority to show its ability to impose Condition 20 for the improvement. To the Respondents’ knowledge, the condition limiting hours of delivery is not imposed on any other property within the Association. In fact, the Waterman Business Center Rules and Regulations, adopted January 18, 2022, allow for “truck loading and unloading” without restriction as to time of day. The only Association Rule in Article I, Section II pertaining to truck parking and loading states “all truck loading and unloading must be done only on an Owner’s Lot (not in the public street or from another Owner’s Lot) and shall be done in such a way that Common Driveways are not blocked or obstructed when trucks are being loaded or unloaded.” Adesa fully complies with this Rule. While the CC&Rs further address common driveways, as discussed above, loading and unloading at this Property does not require use of a common driveway. Additionally, a review of aerial photos over time reveals that other properties within the WBCA freely park semi-trucks at various locations in the surrounding parking lots and do so at all hours of the day and night. These images are attached hereto as Exhibit “A.” On its face, this restriction penalizes S&E and Adesa by restricting them from enjoying the same rights and uses as the other properties within the Association. The City is prohibited from imposing discriminatory conditions against S&E and Adesa. WBCA’s Allegations Are Misleading To justify its appeal, the WBCA makes the following three allegations: 1. Adesa employees park on adjacent owners’ lots due to lack of parking. 2. Semi-trucks block and que on Industrial Road during business hours; and 3. Trucks block fire lanes. Respondents provide the following responses: 1. Adesa is aware of one instance in which an employee parked in an adjacent lot since the tank was installed, two years ago. This was an isolated incident in that once, a brand-new employee parked in an adjacent lot, not realizing they were Packet Page 1757 9 required to park in Adesa’s lot or on the street. In actuality, Adesa’s employees are able to navigate around delivery trucks as shown in Exhibit “B”, videos submitted concurrently with this correspondence. 2.Semi-trucks regularly travel on Industrial Road. Very, very few of these delivers to Adesa. The reality is that there are trucking operations immediately across Industrial Road to the North and at the end of the Center to the East: Adesa instead receives infrequent deliveries by semi-truck, generally three times per week. It takes less than one minute for a semi-truck to reverse into the private driveway. This is shown in Exhibit “C”, a video submitted concurrently with this correspondence. 3. Delivery trucks previously did park at the curb identified as a fire lane, but only at the direction of the WBCA and the City. Exhibit “D” is exhibit created by WBCA and specifically referenced in Administrative Development Permit Condition 20. An image from the document is provided here for convenience: Packet Page 1758 10 The grounds and evidence submitted by the WBCA are misleading. The single photo of a truck submitted with the appeal allegedly showing a truck blocking the driveway is a still image of a truck in motion. The allegation that Adesa’s employees have interfered with the parking available to one business condo that shares a parking lot with at least 14 other office condos and businesses is made without evidence. And the claim that delivery trucks are suddenly parking in fire lanes without disclosing that the WBCA demanded they do exactly that is disingenuous at best. The WBCA’s Allegations are Best Addressed By WBCA and Respondents Without Burdening the City. As the City determined and informed the WBCA more than a year ago, “the conditions being removed are better suited for private negotiation between the Association and the business owner. Not only is it far too late for the City to consider any appeal with regard to this permit, but the grounds alleged are inappropriate. Pursuant to its own CC&Rs and Rules and Regulations, the WBCA is already empowered to address parking, loading, and outdoor storage, among other possible issues. It is not the role of the City to enforce private rules and regulations. Conclusion For the foregoing reasons, the Respondents respectfully request the Planning Commission deny the appeal of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-20 Best regards, Kendra Carney Mehr Principal Attorney cc: Thomas J. Speiss III, Snell & Wilmer Jeffrey M. Singletary, Snell & Wilmer S&E Investments, LLC Adesa International, Inc. Packet Page 1759 EXHIBIT A ADESA PHOTO LAYOUT Packet Page 1760 11 EXHIBIT A March 2019 August 2019 Packet Page 1761 12 April 2020 January 2021 Packet Page 1762 13 August 2021 March 2023 Packet Page 1763 14 February 2024 March 2024 Packet Page 1764 15 March 2024 Packet Page 1765 16 EXHIBIT B Please see video submitted concurrently with this correspondence. Packet Page 1766 17 EXHIBIT C Please see video submitted concurrently with this correspondence. Packet Page 1767 18 EXHIBIT D Packet Page 1768 Planning Commission November 12, 2024 Item 2 Appeal 24-05 of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020 Community Development and Housing Department Packet Page 1769 APPEAL: Appeal of previously approved Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020 in which conditions of approval numbers 20 (twenty) through 26 (twenty-six) were redacted from the original Administrative Development Permit 22-020 Located at 379 E. Industrial Road located on 0.83 acres (APN: 0141- 581-03) within the Industrial Light (IL) zone, Ward 3. Community Development and Housing Department Packet Page 1770 LOCATION/ZONING MAP: Packet Page 1771 AERIAL MAP: Packet Page 1772 BACKGROUND: February 2021: Zoning Verification Review for ADESA May 2022: ADESA applied for ADP May 2022: WBCA contacts Planning with Concerns July 22, 2022: Administrative Development Permit 22-020 was issued March 2023: ADESA contacted Planning Division Management May 2023: BB&K follow up to the issues with ADESA and the WBCA July 20, 2023: Following direction from former management staff. July 24, 2023: The WBCA emails Staff a letter requesting an Appeal of Amendment to Conditions of Approval 23-01. There continues to be issues to present. September 4, 2024: The WBCA formally files Appeal 24-05 October 8, 2024: Planning Commission Continued item to the 11.12.2024 Meeting Packet Page 1773 ANALYSIS: •Appellant: Specific grounds for the appeal Action Sought: Additional Info: •Respondent: Action Sought: Packet Page 1774 Exhibit C from Staff Report Packet Page 1775 SITE PHOTOS Packet Page 1776 SITE PHOTOS Packet Page 1777 ADESA VIDEO EXHIBITS: Packet Page 1778 RECOMMENDATION: Planning Commission Adopt Resolution No. 2024-033: 1. DENYING: Appeal 24-05 thereby upholding the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020 OR Planning Commission Adopt Resolution No. 2024-034: 2. APPROVING:Appeal 24-05 thereby restoring the deleted conditions of approval 20 through 26, included with the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020 Packet Page 1779 Packet Page 1780 Packet Page 1781 Packet Page 1782 Packet Page 1783 Packet Page 1784 Packet Page 1785 Packet Page 1786 Packet Page 1787 Packet Page 1788 Packet Page 1789 Packet Page 1790 Packet Page 1791 Packet Page 1792 Packet Page 1793 Seventh Street Development _____________________________________________________________________ 328 E Commercial Road, #107 San Bernardino, CA 92408 Tel 562.427.7771 January 13, 2025 Via US Mail & Email Alyssa Blancas Administrative Assistant City of San Bernardino – Community Development & Housing Department 290 North “D” Street San Bernardino, CA 92401 Dear Mr. Rosales: In response to your email of January 6, 2025, Waterman Business Center Association (WBCA) is providing this response to Appeal 24-06 by ADESA, which you requested be submitted by January 13, 2025. Based on your prior email, it is my understanding that a meeting date for this appeal will likely be scheduled in March. Meanwhile, we continue to study and evaluate this situation and reserve our rights to raise additional points and comments as needed. Preliminarily, we would like to identify the various entities involved for ease of reference. We are WBCA, which is a building owners association responsible for, amongst other things, enforcing the Waterman Business Center CC&R’s and Rules & Regulations for the 12-building Waterman Business Center. WBCA is not a landlord. WBCA’s manager is Seventh Street Development. The property at issue is located at 379 E Industrial Rd. and is owned by S&E Investments, an association member who has leased its building to ADESA. It should be noted that ADESA is not a tenant of WBCA nor member of WBCA. WBCA receives no financial benefit from ADESA’s tenancy with S&E. The violations and problems at issue have arisen from the complaints from ADEA’s adjacent owners who are also members of WBCA. Currently, WBCA has fined owner S&E for their tenant’s (ADESA’s) violations, and they have over $100,000 of delinquent assessments and related charges. No one from ADESA or S&E attended the Planning Commission Hearing. The appearance was made by attorney Kendra Carney Mehr who apparently represents both ADESA and S&E. Based on our review, ADESA’s Appeal 24-06 (“The Appeal”) seeks to overturn the Planning Commission’s reinstatement of the conditions to Permit 22-20. The Appeal’s sole challenge to the Planning Commission’s decision is an assertion that WBCA’s appeal was untimely. The sole action sought by the Appeal is: “A resolution of the City Council denying or rejecting the WBCA’s appeal as untimely.” (See Appeal Application 24-06, p. 2). WBCA submits that the untimeliness argument was found to be without merit before the Planning commission and remains without merit today. Thus, the Appeal to the City Council should be denied. As a starting point, the Appeal purports to rely on Section 19.52.100 of San Bernardino Municipal Code, stating: “An application for appeal must be filed on a City application form within 15 days following the final date of an action, accompanied by the appropriate appeal filing fee.” (See Appeal Application 24- 06, p. 2.) However, the Appeal fails to set forth the entire section referenced and conveniently omits the portions that are fatal to The Appeal. The full text of that section states as follows: All appeals shall be submitted to the Department on a City application form, and shall specifically state the basis of the appeal. An appeal of a Director or DRC action shall be filed with the Department within 15 days following the final date of action for which an appeal is made. An appeal of a Commission decision shall be filed with the Department within 15 days following the final date of action for which an appeal is made. An appeal of a City Engineer action shall be filed in the office of the City Clerk. Packet Page 1794 Page 2 of 2 All appeals relating to subdivision matters shall be made within 15 days following the date of the decision or action for which an appeal is made. Appeals shall be accompanied by a filing fee as specified in Chapter 19.32 (Applications and Fees). (San Bernardino Municipal Code, Section 19.52.100). Preliminarily, the referenced section applies only to “a Director or DRC action.” Here, the “action” overturned by the Planning Commission was the “Amendment to Conditions of Approval 23-01,” issued on July 20, 2023 by staff member Michael Rosales. However, Mr. Rosales stated on the record at the November 12, 2024 hearing before the Planning Commission that there was no Director or Interim Director in place at the time of issuance of the “Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-20.” Therefore, as a threshold matter, Section 19.52.100 regarding an appeals timeliness – i.e., requiring an appeal to be filed within 15 days following the final date of an action of the Director - does not apply here. There was no Director or DRC action. The Appeal’s reliance on an inapplicable section is misplaced and must be rejected on its face. Furthermore, the Appeal’s reliance on “vested rights” is specious. From a review of the record, it appears that ADESA and S&E did not follow the proper procedures for requesting an amendment to the permit in the first instance. (SBMC, Section 19.32.020 “Application for permits, permit modifications, amendments, and other matters pertaining to this Development Code shall be filed with the Department on a City application form, together with all fees, plans, maps, and any other information required by the Department.”].) Despite the inapplicability of Section 19.52.100, WBCA’s actions substantially complied with a speedy appeal process by informing the City on July 24, 2023, that WBCA was appealing the improper removal of the conditions. This appeal was made just 4 days after the issuance of the letter and amendment by Mr. Rosales purporting to remove the conditions from the subject permit. WBCA’s letter included all of the substantive issues that would be pertinent to an appeal, including the specific action being appealed, the specific grounds of the appeal, and the action sought by WBCA on appeal. The matter proceeded for months with the City’s knowledge and at its direction and was ultimately brought to a hearing before the Planning Commission. Thus, the Appeal’s head-in-the-sand argument seeking to put form over substance is unavailing. WBCA acted with due diligence, as the Planning Commission so recognized. Also, it should be noted that it was made clear at the Planning Commission hearing on November 12, 2024, that Appellant ADESA continues to violate not only the permit conditions but also other City codes, including parking in the fire lanes. During the Planning Commission hearing, the revocation of ADESA’s permit was raised and discussed by members of the Planning Commission, Mr. Rosales, and the City Attorney. Certainly, a revocation would render moot the abuse of process by ADESA to place itself above the law and to continue as a public nuisance to the detriment of the community and its neighbors. Therefore, we are formally requesting that the revocation of AEDESA’s permit be expedited to preserve valuable public resources that can certainly be put to better use than accommodating a habitual violator who does not wish to abide by the rules. Respectfully submitted, The Waterman Business Center Association By: Seventh Street Development, Inc., its Manager Craig Furniss President cc (via email): Gabriel Elliott, City of San Bernardino Community Development Director Albert Maldonado, City of San Bernardino City Attorney Mike Rosales, City of San Bernardino Senior Planner Packet Page 1795 ATTACHMENT 9 – LOCATION/ZONING MAP CITY OF SAN BERNARDINO P LANN ING DIVI SION PROJECT: AP 24-06 LOCATION MAP HEARING DATE: AUGUST 20, 2025 NORTH Project site Packet Page 1796 ATTACHMENT 10 – AERIAL MAP CITY OF SAN BERNARDINO P LANN ING DIVI SION PROJECT: AP 24-06 AERIAL MAP HEARING DATE: AUGUST 20, 2025 NORTH PROJECT SITE Packet Page 1797 Packet Page 1798 Packet Page 1799 Packet Page 1800 Packet Page 1801 Packet Page 1802 Packet Page 1803 Packet Page 1804 Packet Page 1805 Packet Page 1806 Packet Page 1807 Packet Page 1808 Packet Page 1809 Packet Page 1810 Packet Page 1811 Packet Page 1812 Packet Page 1813 Packet Page 1814 Packet Page 1815 Packet Page 1816 Packet Page 1817 Packet Page 1818 Packet Page 1819 Packet Page 1820 Packet Page 1821 Packet Page 1822 Packet Page 1823 Packet Page 1824 Packet Page 1825 Packet Page 1826 Packet Page 1827 Packet Page 1828 Packet Page 1829 Packet Page 1830 Packet Page 1831 Packet Page 1832 Packet Page 1833 Packet Page 1834 Packet Page 1835 Packet Page 1836 Packet Page 1837 Packet Page 1838 Packet Page 1839 Packet Page 1840 Packet Page 1841 Packet Page 1842 Packet Page 1843 Packet Page 1844 Recorded In Official Records, County ol San Bernardino RECORDING REQUESTED BY: ~:c:·•!~.--,~ LA~RY WALKER 6/27/2007 8:00 AM MD Vf~. • "" · Auditor/Controller -Recorder ' 803 LandAmerica Commonwealth LandAmerica Commercial Services Doc#: 2007 -0380257 Titles: 1 Pages: Fees 206.00 WHEN RECORDED, MAIL TO: Taxes 0.00 Other 0.00 PAID $206.00 DZIDA, CAREY & STEINMAN (SDH) 3 Park Plaza, Suite 750 Irvine, CA 92614 (Space Above For Recorder's Use) DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERV AT.ION OF EASEMENTS FOR WATERMAN BUSINESS CENTER NOTICE: THIS DOCUMENT REQUIRES THAT OWNERS AND THE ASSOCIATION RESOLVE ALL DISPUTES WITH THE DECLARANT AND ITS AFFILIATES THROUGH ARBITRATION AND NOT BY A JURY TRIAL. SDH\30447.0001\361227.7 6/7/2007 67 Packet Page 1845 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS FOR WATERMAN BUSINESS CENTER TABLE OF CONTENTS Page ARTICLE I DEFINITIONS; INTERPRETATION ........................................................................ 2 1.1. Definitions ................................................................................................................ 2 1.2. Priorities and Inconsistencies ................................................................................... 7 ARTICLE II OWNER AND ASSOCIATION OBLIGATIONS AND ENTITLEMENTS ........... 7 2.1. Owners' Rights of Enjoyinent ................................................................................. 7 2.2. Common Driveways ................................................................................................ 8 2.3. Party Walls ............. ; ................................................................................................. 9 2.4. Easements for Drainage ........................................................................................... 9 2.5. Waiver of Use .......................................................................................................... 9 2.6. Taxes ...................................................................................................................... 10 2. 7. Hazardous Materials .............................................................................................. 10 2.8. Pollutant Discharge ................................................................................................ 10 2.9. Signage ................................................................................................................... 10 2.10. Outside Storage ...................................................................................................... 10 2.11. Owner's Statement of Use ..................................................................................... 10 ARTICLE III ASSOCIATION ...................................................................................................... 11 3.1. Organization ........................................................................................................... 11 3.2. Membership ........................................................................................................... 11 ARTICLE IV FUNCTIONS OF ASSOCIATION; MAINTENANCE STANDARDS; APPROVAL OF SIGNAGE ................................................................................ 12 4.1. Permitted Functions ............................................................................................... 12 4.2. Powers and Duties .................................................................................................. 12 4.3. Rules and Regulations ..................................................... ; ...................................... 13 4.4. Off site Nuisances ................................................................................................... 14 4.5. Violating Owner Participation ............................................................................... 14 4.6. Board Approval of Signage ................................................................................... 14 4. 7. Maintenance By Owners ........................................................................................ 14 ARTICLE V FUNDS AND ASSESSMENTS .............................................................................. 14 5.1. Obligation .............................................................................................................. 15 5.2. Maintenance Funds ................................................................................................ 15 5.3. Association Property Damage or Neglect; Other Special Assessments ................ 15 5.4. Common Assessments ........................................................................................... 15 5.5. Commencement of Common Assessments ............................................................ 16 5.6. Advanced Assessment Upon Transfer ................................................................... 16 SDH\30447.0001\361227.7 6/7/2007 -1- Packet Page 1846 TABLE OF CONTENTS Page 5.7. Capital Improvement Assessments ........................................................................ 17 5.8. Exempt Property .................................................................................................... 17 5.9. Nonpayment of Assessments ................................................................................. 17 5.10. Mortgage Protection-Liens .................................................................................... 20 ARTICLE VI DESTRUCTION OR CONDEMNATION OF ASSOCIATION PROPERTY ......................................................................................................... 20 6.1. Damage by Owners ................................................................................................ 20 6.2. Repair of Damages ................................................................................................. 21 6.3. Condemnation of Association Property ................................................................. 21 6.4. Condemnation of a Lot .......................................................................................... 21 6.5. Notice to Owners and Listed Mortgagees .............................................................. 21 ARTICLE VII DECLARANT EXEMPTION ............................................................................... 21 ARTICLE VIII INSURANCE ....................................................................................................... 22 8.1. Casualty Insurance ................................................................................................. 22 8.2. Insurance Obligations of Owners ........................................................................... 23 8.3. Waiver of Subrogation ........................................................................................... 23 8.4. Liability and Other Insurance ................................................................................ 23 ARTICLE IX MISCELLANEOUS ............................................................................................... 24 9.1. Term and Tenn.ination ........................................................................................... 24 9.2. Amendments .......................................................................................................... 24 9.3. Mortgagee Protection-General ............................................................................... 25 9.4. Notices ................................................................................................................... 26 9.5. Enforcement and Non-Waiver ............................................................................... 27 9.6. Interpretation .......................................................................................................... 28 9. 7. Reservation of Easements ...................................................................................... 28 9.8. No Public Right of Dedication ............................................................................... 29 9.9. Disclosures ............................................................................................................. 29 9.10. No Representations or Warranties ......................................................................... 29 9.11. Standard of Care, Nonliability ............................................................................... 29 9.12. Arbitration of Disputes .......................................................................................... 30 .. SDH\30447.0001\361227.7 6/7/2007 -11- Packet Page 1847 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS FOR WATERMAN BUSINESS CENTER THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS ("Declaration', is made by WATERMAN BP, LLC, a California limited liability company ("Declarant',. Except as otherwise specified herein, the capitalized words and phrases used in this Declaration shall have the meanings specified in Article I hereof. A. Declarant is the owner of certain real property in the City of San Bernardino, County of San Bernardino, State of California, more particularly described as ("Properties'') follows: Lots l through 12, inclusive, of Tract No. 18083, as shown on a subdivision map on file in Book 32t:/ , Pages 27 to 32-, inclusive, of Maps, in the Office of the San Bernardino County Recorder. B. A copy of sheet 3 of 6 sheets of the approved Tract Map 18083 for the Properties is attached hereto as Exhibit "A". All of the Properties will be developed as a commercial/industrial complex with certain common objectives designed to preserve the value of and to benefit all the property within the Properties. The common development plan imposes reciprocal burdens and benefits on all of the Properties, such that each portion and the entirety of the Properties are both burdened by the provisions of this Declaration for the benefit of each other portion of the Properties, and benefited by the burdens imposed on each other portion of the Properties. C. Declarant further declares all of the Properties shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the easements, restrictions, covenants, conditions and equitable servitudes contained in this Declaration, all of which are for the purpose of preserving and protecting the value, attractiveness and desirability of the Properties, in furtherance of a comprehensive plan for the protection, maintenance, subdivision, improvement use and sale of the Properties, or any portion thereof. The covenants, conditions, restrictions, reservations, easements, equitable servitudes, liens and charges set forth herein shall (1) run with the Properties; (2) be binding upon all persons having any right, title or interest in the Properties, or any part thereof, their heirs, successive owners and·assigns; (3) inure to the benefit of every portion of the Properties and any interest therein; (4) inure to the benefit of and be binding upon Declarant and their successive owners and each Owner and his or her respective successors-in-interest; and (5) may be enforced by Declarant, any Owner or the Association (subject to any express limitations set forth herein). SDH\30447.0001\361227.7 6/7/2007 -1- Packet Page 1848 ARTICLE I DEFINITIONS; INTERPRETATION 1.1. Definitions. Unless otherwise expressly provided, the following words and phrases when used in this Declaration shall have the meanings hereinafter specified. 1.1.1 Approved Plans. Approved Plans means the drawings Approved For Construction dated December 8, 2006 prepared by Ware Malcomb (Sheets AO.I -A8.6) and Plotnik & Associates (grading plan -sheets #1-15, sewer improvement plans -sheets #1-2). 1.1.2 Articles. Articles mean the Articles of Incorporation of the Association on file with the California Secretary of State, as amended from time to time. :;¥- 1.1.3 Assessment. Assessment(s) means Common Assessment(s), Capital improvement Assessment(s), Reconstruction Assessment(s) and/or Special Assessment(s), as applicable. 1.1.4 Association. Association means Waterman Business Center Association, a California nonprofit corporation (formed pursuant to the Nonprofit Mutual Benefit Corporation Law), its successors and assigns. The Association is an "Association" as defined in Section 135l(a) of the California Civil Code. The Association will be formed by Declarant prior to the first Close of Escrow for the sale of a Lot or Condominium Unit in the Properties. 1.1.5 Association Property. The Association shall have easements over the Properties for the use, maintenance, repair and replacement of the "Association Property" described in Exhibit "B" attached hereto. Common Expenses for the Association Property shall be assessed against all Owners in proportion to the percentage shares of "Project Common Expenses" allocated to the Owners on Exhibit "D," as further provided in Article V. Declarant may designate additional Association Property in a Supplemental Declaration. Concurrently herewith, Declarant is recording a Supplemental Declaration covering only Lots 1 and 2 of Tract No. 18083 ("Condo Supplemental Declaration"), which among other things, (a) designates ~dditional Association Property within Lots 1 and 2 as being reserved for the exclusive use of Owners of Condominium Units within such Lots 1 and 2, (b) provides that Common Expenses attributable to Improvements and maintenance responsibilities of the Association under the Condo Supplemental Declaration shall be allocated solely among the Owners of Condominium Units within Lots 1 and 2, and (c) establishes certain additional covenants, conditions, restrictions and easements applicable only to Lots 1 and 2. 1.1.6 Beneficiary. Beneficiary means a Mortgagee under a Mortgage or a beneficiary under a deed of trust, as the case may be, and the assignees of such Mortgagee or beneficiary. 1.1. 7 Board or Board of Directors. Board or Board of Directors means the Association Board of Directors elected in accordance with the Association Bylaws and this Declaration. * ,q._-t-ra.cl'ld nue,.,to a..$ E'tVLlbi+-''e:1 ' SDH\30447.0001\361227.7 6/7n.007 -2- Packet Page 1849 1.1.8 Budget. Budget means a written, itemized estimate of the Association's income and Common Expenses prepared pursuant to the Bylaws. 1.1.9 Bylaws. Bylaws means the Association's Bylaws adopted by the Board of Directors, as amended from time to time. ~ 1.1. l O Capital Improvement Assessment. Capital Improvement Assessment means a charge against the Owners and their Lots or Condominium Units (as applicable), representing the Association's costs to install or construct any Improvements on any portion of the Association Property. 1.1.11 City. City means the City of San Bernardino and its various departments, divisions, employees and representatives. 1.1.12 Close of Escrow. Close of Escrow means the date on which a deed or long term ground lease or other such instrument is Recorded by Declarant conveying a Lot or Condominium Unit in the Properties to a third-party purchaser, with the exception of deeds between Declarant and any successor to the rights of Declarant hereunder. 1.1.13 Common Assessment. Common Assessment means the annual or supplemental charge against each Owner and his Lot or Condominium Unit, representing a portion of the ordinary Common Expenses for maintaining, improving, repairing, replacing, managing and operating the Association Property, which charge shall be levied among all Owners and their respective Lots or Condominium Units (as applicable), as provided herein. Common Assessments shall include all late payment penalties, interest charges, attorneys' fees or other costs incurred by the Association in its efforts to collect all assessments authorized pursuant to this Declaration. 1.1.14 Common Driveways. Common Driveways means those driveway areas within the Properties designated for common use by the Owners of two (2) Lots (which are limited to the Common Driveway Lots described in Section l. l .15 below) and described and/or depicted on Exhibit "C" attached hereto. 1.1.15 Common Driveway Lots. The following pairs of Lots of Tract No. 18083 share a common driveway and are referred to as "Common Driveway Lots:" Lots 4 and 5; Lots 6 and 7; Lots 9 and 10; and Lots 11 and 12. 1.1.16 Common Expenses. Common Expenses means, subject to Article V, the actual and estimated costs of: maintaining, managing, operating, insuring, repairing and replacing the Association Property Improvements, managing and administering the Association and performing the Association's other obligations under this Declaration, unpaid Special Assessments, Reconstruction Assessments and Capital Improvement Assessments, including those costs not paid by the Owner responsible for payment. 1.1.17 Common Fire Water System. Common Fire Water System means the portions of the project fire water system that are not Individual Building Fire Water Systems (as defined below). ~ ,Ai1ctc.kd heve::t"o c:t ~ £')( hi b·, t-'' F '' SDH\30447.0001\361227.7 6/7/2007 -3- Packet Page 1850 1.1.18 Condominium Unit. Condominium Unit means a separate·interest in space as defined in Section 1351(f) of the California Civil Code and shown on a recorded condominium plan covering Lots 1 and 2 of Tract No. 18083, together with an undivided tenant in common interest in the common area described on such condominium plan. 1.1.19 County. County means the Co_unty of San Bernardino, in the State of California, and its various departments, divisions, employees and representatives. 1.1.20 Declarant. Declarant means Waterman BP, LLC, a California limited liability company, and its successors, and any other Person to which it assigns its rights hereunder by an express written and Recorded assignment. Any such assignment may include only specific rights of the Declarant hereunder and may be subject to such conditions and limitations as Declarant may impose in its sole and absolute discretion. As used in this Section, "successor" means any Person who acquires Declarant or substantially all of its assets, or who merges with Declarant by sale, merger, reverse merger, consolidations, sale of stock or assets, operation of law or otherwise. 1. 1.21 Declaration. Declaration means this Declaration of Covenants, Conditions, Restrictions and Reservation of Easements, as amended from time to time. 1.1.22 Deed of Trust. Deed of Trust means a Mortgage. 1.1.23 Design Committee Rules. Design Committee Rules means the Design Committee design standards, procedures, rules and guidelines which may be adopted by the Board pursuant to this Declaration, as amended from time to time. 1.1.24 Hazardous Materials. Hazardous Materials means any toxic substance, material or waste which is or becomes (i) regulated by any local governmental authority, the State of California or the United States Government; or (ii) defined as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "Non-RCRA hazardous waste," "RCRA h_azardous waste" or "recyclable material" under any federal, state or local statute or regulation promulgated thereunder. 1.1.25 Improvement. Improvement means all structures, landscaping and appurtenances thereto within the Properties, including but not limited to, as applicable, buildings, fixtures, outbuildings, signs, walkways, irrigation systems, storm drainage systems, streets, driveways, slopes, sidewalks, curbs and gutters, storm drain lines, catch basins, slopes, drains and appurtenances that collect and transport runoff from private property, sewer laterals, street lights, driveway and parking signage and striping improvements, parking areas, fences, trash enclosures, screening walls, retaining walls, stairs, hedges, windbreaks, plantings, planted trees and shrubs, and entry monumentation. 1.1.26 Individual Building Fire Water Systems. Individual Building Fire Water Systems means the portion of the project fire water system that is dedicated to an individual building and is downstream of that building's Pressure Indicator Valve (PIV). 1.1.27 Local Governmental Agency. Local Governmental Agency means the City, the County and any other local or municipal governmental entity or agency including, SDH\30447.0001\361227.7 6n/2007 -4- Packet Page 1851 without limitation, any special assessment district, maintenance district or community facilities district. 1.1.28 Lot. Lot means any lot or parcel of land shown upon any Recorded subdivision map or Recorded parcel map of any portion of the Properties (as such lot or parcel may be modified by any Recorded lot line adjustment), together with the Improvements, if any, thereon. For purposes of this Declaration references to "Lot" shall not include any Association Property and shall not include Lots 1 and 2 of Tract No. 18083. 1.1.29 Maintenance Funds. Maintenance Funds means the accounts created for Association receipts and disbursements pursuant to Article V hereof. 1.1.30 Manager. Manager means the Person, firm or agent employed as an independent contractor by the Association to perform functions of the Association, as limited by the Restrictions and the terms of the agreement between the Association and such Person. 1.1.31 Member. Member means every Person holding a Membership in the Association .. Membership means the voting and other rights and privileges of Members as provided in the Restrictions, together with the correlative duties and obligations contained therein. 1.1.32 Membership. Membership means the voting and other rights and privileges of members of the Association, as provided in the Restrictions, together with their correlative duties. 1.1.33 Mortgage. Mortgage means any mortgage or deed of trust or other conveyance of a Lot or Condominium Unit or other portion of the Properties to secure the performance of an obligation, which will be reconveyed upon the completion of such performance. The term "Deed of Trust" or "Trust Deed" is synonymous with the term "Mortgage." 1.1.34 Mortgagee/Mortgagor. Mortgagee means a Person to whom a Mortgage is made and includes the beneficiary of a Deed of Trust. Mortgagor means a Person who mortgages property to another (i.e., the maker of a Mortgage), and includes the Trustor of a Deed of Trust. The term "Trustor" is synonymous with the term "Mortgagor," and the term "Beneficiary" is synonymous with the term "Mortgagee." 1.1.35 Notice and Hearing. Notice and Hearing means written notice and a hearing before the Board, as further provided in the Bylaws. 1.1.36 Owner. Owner means a Person or Persons, including Declarant, holding a fee simple or long-term ground leasehold interest of Record to a Lot or a Condominium Unit. The term "Owner" includes a seller under an executory contract of sale, but excludes Mortgagees. For purposes of this Declaration, a "long-term ground leasehold interest" means a leasehold interest having a term often (10) or more years. SDH\30447.0001\361227.7 6/7/2007 -5- Packet Page 1852 1.1.3 7 Owner Representative. Owner Representative means the partners, members officers, directors, employees, agents, patrons, guests, customers, invitees, contractors, lessees, sublessees and licensees of an Owner. 1.1.38 Party Wall. Party Wall means each common_ wall shared by the buildings located on the following pairs of Lots in Tract No. 18083: Lots 3 and 4; Lots 5 and 6; Lots 8 and 9; and Lots 10 and 11. 1.1.39 Person. Person means a natural individual, a corporation, partnership or any other entity with the legal right to hold title to real property. 1.1.40 Properties. Properties is defined in Preamble Paragraph A above. The Properties are classified as a "common interest development" as defined in Section 1351(c) of the California Civil Code. 1.1.41 Reconstruction Assessment. Reconstruction Assessment means a charge against each Owner and such Owner's Lot or Condominium Unit representing a portion of the Association's cost to reconstruct any Improvements on the Association Property resulting from a casualty, pursuant to the provisions of this Declaration. 1.1.42 Record, Filed, Recordation. Record, Filed or Recordation means, with respect to any document, the recordation or filing of such document in the Office of the County Recorder. 1.1.43 Restrictions. Restrictions mean this Declaration, applicable Supplemental Declarations(s), the Articles, the Bylaws, the Rules and Regulations, the Sign Criteria, and restrictions (if any) set forth in a grant deed of a Unit or Lot from Declarant to an Owner. 1.1.44 Rules and Regulations. Rules and Regulations means the rules and regulations adopted by the Board as provided in the Restrictions. 1.1.45 Sign Criteria. Sign Criteria means the Sign Criteria for the Properties adopted by Declarant, as amended by Declarant and/or the Board from time to time. 1.1.46 Special Assessment. Special Assessment means a charge against a particular Owner and such Owner's Lot or Condominium directly attributable to or reimbursable by such Owner as provided in the Restrictions or equal to the cost incurred by the Association for corrective action performed pursuant to the Restrictions, or levied by the Board as a reasonable fine or penalty for noncompliance with the Restrictions, plus interest and other charges on such Special Assessment as provided for in this Declaration. 1.1.47 Supplemental Declaration. Supplemental Declaration means any declaration of covenants, conditions and restrictions and reservation of easements or similar document supplementing this Declaration which may be Recorded by Declarant from time to time. Declarant (and the Owner of the property subject thereto if other than Declarant) may record a Supplemental Declaration which incorporates this Declaration by reference and which may supplement this Declaration with such additional covenants, conditions, restrictions and SDH\30447.0001\361227.7 6/7n007 -6- Packet Page 1853 easements. Supplemental Declarations may modify this Declaration as it applies to the property encumbered by the Supplemental Declaration. 1.2. Priorities and Inconsistencies. If there are conflicts or inconsistencies between this Declaration and the Articles of Incorporation, the Bylaws or the other Restrictions, the terms and provisions of this Declaration shall prevail. ARTICLE II OWNER AND ASSOCIATION OBLIGATIONS AND ENTITLEMENTS 2.1. Owners' Rights of Enjoyment. Every Owner and its Owner Representative(s) shall have a right to use the Association Property in accordance with the Restrictions, which right shall be appurtenant to and shall pass with title to every Lot and Condominium Unit, subject to the Association's right to exercise exclusive jurisdiction over and control of the Association Property (other than dedicated to and/or maintained by a Local Governmental Authority) and the following provisions: 2.1.1 Additional/Modification of Association Property. The right of Declarant to designate additional Association Property, modify the Association Property and/or designate Association Property within Lots 1 and 2 of Tract No. 18083 as being for the exclusive use of the Owners of Condominium Units on such Lots by recordation of an amendment to this Declaration or a Supplemental Declaration. 2.1.2 Rules and Regulations. The Association's right to establish reasonable Rules and Regulations pertaining to the use of the Association Property and any facilities located thereon. 2.1.3 Association Property Transfers. The Association's rights set forth in Section 4.2.4 of this Declaration and Declarant's rights set forth in Article VII hereof. 2.1.4 Use By Declarant. The right of Declarant (and its employees, sales agents, prospective purchasers, customers and representatives) to enter upon the Association Property, for the benefit of Declarant or any other property owned by Declarant, or any combination thereof, to complete the construction of any landscaping or other Improvement to be installed thereon. 2.1.5 Reconstruction of Improvements. The Association's right (by action of the Board) to reconstruct, replace or refinish any Improvement or portion thereof upon the Association Property, in accordance the original design, finish or standard of construction of such Improvement or of the other Improvements or, if not in accordance with the original design, finish or standard of construction, only with the approval of fifty-one percent (51 %) of the Association voting power with respect to Association Property described in this Declaration. 2.1.6 Maintenance. The Association's right to maintain and repair the Association Property. SDH\30447.0001\361227.7 6/7/2007 -7- Packet Page 1854 2.1.7 Restricted Areas. The Association's right, acting through the Board, to reasonably restrict access to landscaped areas, drainage facilities, maintenance facilities and similar areas of the Association Property. The Association shall have exclusive control over all of the Association Property. 2.2. Common Driveways. (Note: This Section 2.2 applies only to Lots 4 through 7 and 9 through 12 of Tract No. 18~83.) 2.2.1 Common Driveway Easements. Declarant hereby reserves, for the benefit of each Owner of a Common Driveway Lot and their respective Owner Representatives, nonexclusive reciprocal easements appurtenant to each such Common Driveway Lot, for vehicular and pedestrian access, ingress and egress over the Common Driveway, for the maintenance, repair and replacement of Improvements within the applicable Common Driveway, and for access to and use of the trash dumpster located in the enclosure on the common boundary of each respective Common Driveway Lot. 2.2.2 Common Driveway Use and Maintenance. There shall be no parking within any Common Driveway, and no Owner of a Common Driveway Lot shall interfere with or obstruct or permit its Owner Representatives to interfere with or obstruct the reasonable use of the Common Driveway by the other Owner of such Common Driveway Lot and such other Owner's Owner Representatives. Without limiting the generality of the foregoing, no gates or fences shall be constructed on any Common Driveway. The Owners of Common Driveway Lots shall jointly maintain, repair, replace and reconstruct, or cause to be maintained, repaired, replaced and reconstructed ( collectively, "Common Driveway Maintenance''), the Common Driveway serving such Owner's Lot substantially as originally constructed and improved by Declarant. Except as provided in Section 2.2.3 below, the cost of Common Driveway Maintenance shall be shared equally by the Owners of the Lots served by the applicable Common Driveway. The Owners of Lots served by a Common Driveway shall perform such Common Driveway Maintenance as they mutually agree on or, if they cannot so agree, as may be determined to be necessary by the Board following a petition to the Board by the Owner desiring to have Common Driveway Maintenance performed. If any Owner of a Common Driveway Lot refuses to join in any Common Driveway Maintenance ( after it has been agreed to in writing by such Owner or after the Board has approved a petition for such Common Driveway Maintenance) ("Non-Repairing User''), the other Owner of the Lot served by the Common Driveway ("Repairing User'') may undertake the Common Driveway Maintenance. In such event, the Non-Repairing User shall reimburse the Repairing User for its share of the cost of the Common Driveway Maintenance within five (5) business days after the Non-Repairing Users have received a written statement from the Repairing User which describes the Common Driveway Maintenance and the cost of the Common Driveway Maintenance incurred by the Repairing User. Any amount not paid when due shall bear interest at rate equal to the lesser of ten percent (10%) per annum or the maximum nonusurious rate permitted by applicable law. 2.2.3 Repair Required Due to Negligence. Notwithstanding anything to the contrary in Section 2.2.2 above, if any Common Driveway Maintenance is required as a result of the negligent or willful misconduct of an Owner ("Negligent Owner'') or the Owner Representatives of such Owner, the Common Driveway Maintenance shall be the sole responsibility of the Negligent Owner at its sole cost and expense. The Negligent Owner shall SDH\30447.0001\361227.7 6/7/2007 -8- Packet Page 1855 . perform any such Common Driveway Maintenance as soon as reasonably possible after the negligence or misconduct. In the event the Negligent Owner fails or refuses to perform the required Common Driveway Maintenance, upon ten (10) days' prior written notice to the Negligent Owner, the Owner of the other Common Driveway Lot served by the Common Driveway may perform the Common Driveway Repair and the Negligent Owner shall reimburse such repairing Owner or the Association, as applicable, for the cost of the Common Driveway Maintenance within five (5) business days after the Negligent Owner has received a written statement describing the Common Driveway Maintenance and the cost incurred therefor. Any amount not paid when due hereunder shall bear interest at the highest non-usurious rate permitted by law. 2.3. Party Walls. (Note: This Section applies only to Lots 3 through 6 and 8 through 11.) No Owner may undertake any modification of a Party Wall without the consent of the Owner of other Lot sharing such Party Wall and the prior approval of the Building and Safety Division of the City. All modifications to a Party Wall shall be made in compliance with all applicable building codes and all other requirements (if any) of the Building and Safety Division of the City. To the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions apply to Party Walls. The Owners of Lots sharing a Party Wall shall jointly repair and maintain such Party Wall, and the cost of reasonable repair and maintenance of a Party Wall shall be shared equally by the Owners of the Lots connected by such Party Wall; provided, however, that each Owner shall be solely responsible for maintaining the surface of any Party Wall within the interior of the building on such Owner's Lot. The Owners of Lots sharing a Party Wall shall perform such Party Wall repair and maintenance as they mutually agree on or, if they cannot so agree, as may be determined to be necessary by the Board following a petition to the Board by the Owner desiring to have Party Wall repair or maintenance performed. If a Party Wall is destroyed or damaged by fire or other casualty, any Owner whose Lot is affected thereby may restore it, and the Owner of the other Lot affected thereby shall contribute equally to the cost of restoration thereof. An Owner who by its negligent or willful act causes a Party Wall to be damaged, destroyed or to deteriorate or require repair or replacement shall bear the whole cost of furnishing the necessary repairs or replacement. The right of any Owner to contribution from any other Owner under this Section is appurtenant to the land and passes to such Owner's successors in title. 2.4. Easements for Drainage. Declarant hereby reserves to itself, and to the Association and every Owner and their respective Owner Representatives and successors, nonexclusive easements for drainage of water in accordance with the "established drainage" of the Properties. The term "established drainage" means the water drainage pattern and system shown on the Approved Plans. No Owner may alter the established drainage for the Properties unless it establishes an alternative drainage pattern that is approved in writing by the Board. 2.5. Waiver of Use. No Owner may exempt himself from personal liability for assessments duly levied by the Association, nor release his Lot or Condominium Unit or other property in the Properties from the liens and charges hereof, by waiver of the use and enjoyment of the Association Property or any facilities thereon or by abandonment of his Lot or Condominium Unit or any other property in the Properties. SDH\30447.0001\361227.7 6/7/2007 -9- Packet Page 1856 2.6. Taxes. Each Owner shall execute such instruments and take such action as may reasonably be specified by the Association to obtain separate real estate tax assessment of his Lot or Condominium Unit. If, in the Association's opinion, any taxes or assessments constitute a lien on the Association Property, or any part thereof, they may be paid by the Association and each Owner shall be obligated to pay or to reimburse the Association for, as the case may be, the taxes and assessments assessed by the County Assessor or other taxing authority against the Association Property and attributable to his own Lot or Condominium Unit and interest in the Association Property. 2.7. Hazardous Materials. All Hazardous Materials shall be properly used and disposed of within the Properties in compliance with applicable law, including any applicable Storm Water Pollution Prevention Plan and any program established by the Association with respect thereto. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, anti­ freeze, solvents, paints, paint thinners, wood preservatives and other such fluids shall not be discharged into any street or any storm drain or storm water conveyance system within the Properties. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State and County requirements as prescribed in their respective containers. 2.8. Pollutant Discharge. The Properties are subject to all Federal, State and local requirements of the National Pollutant Discharge Elimination System ("NPDES'') adopted pursuant to the Federal Clean Water Act including without limitation any Water Quality Management Plan for the Properties ("Water Management Plan'') which identifies certain Best Management Practices ("BMP'') to reduce the discharge of pollutants to storm water facilities, before, during and after construction on the Properties in completed. The Association shall comply with all BMPs applicable to the Association Property and perform all maintenance imposed the Water ·Management Plan with respect to the Association Property and all other governmental requirements, as amended. The costs of such maintenance, if any, shall be treated as Common Expenses. Each Owner of a Lot, at its sole cost and expense, shall comply with all BMPs applicable to such Owner's Lot and shall perform all maintenance of such Owner's Lot and Improvements thereon required under the Water Quality Management Plan and all other applicable governmental requirements applicable to such Owner's Lot, as amended from time to time. 2.9. Signage. All signs, banners, and advertising media in the Properties which are or will be externally visible shall comply with the Sign Criteria, all City ordinances, codes and statutes and shall be subject to the approval of the Board pursuant to Section 4.6 below. 2.10. Outside Storage. Outside storage shall be permitted on any Lot provided that such outside storage (a) complies with all applicable ordinances and requirements of the City, and (b) is contained within private yard areas. 2.11. Owner's Statement of Use. Each Owner will prepare and submit to the San Bernardino City Fire Department an "Owner's Statement of Use" on the Fire Department's current standard form prior to the sale or leasing of such Owner's Lot or Condominium Unit. SDH\30447.0001\361227.7 6/7/2007 -10- Packet Page 1857 ARTICLE III ASSOCIATION 3 .1. Organization. The Association is organized as a California corporation under the Nonprofit Mutual Benefit Corporation Law. The Association is charged with the duties and vested with the powers prescribed by law, subject to the limitations and provisions of the Articles, Bylaws, and this Declaration. Neither the Articles nor Bylaws shall, for any reason, be amended or otherwise changed so as to be inconsistent with this Declaration. If there is any ambiguity in any provision of the Articles or Bylaws, then such provision shall be construed, to the extent possible, so as to be consistent with the provisions of this Declaration. 3.2. Membership. Members of the Association are (i) Declarant, for so long as Declarant is entitled to cast a Class C vote pursuant to this Section, (ii) each Owner (including Declarant) of one (1) or more Lots or Condominium Units in the Properties. Membership in the Association is subject to the Restrictions. Except for the Class C Membership, all Memberships in the Association held by Owners are appurtenant to the Lot or Condominium Unit owned by each Owner, and ownership of a Lot or Condominium Unit is the sole qualification for Membership in the Association. 3.2.1 Classes of Membership. The Association shall have three (3) classes of voting Membership as follows: (i) Class A. The Class A Members are all Owners of Lots, except Declarant. Each Class A Member is assigned one (1) vote for each one percent (1 %) (rounded up to the nearest one percent (1%)) of the share of Project Common Expenses allocated to each such Owner's Lot as set forth in Exhibit "D" hereto. (ii) Class B. The Class B Members are all Owners of Condominium Units, except Declarant. Each Class B Member is assigned one ( 1) vote for each one percent (1 %) (rounded up to the nearest one percent (1 %)) of the share of Project Common Expenses allocated to each such Owner's Condominium as set forth in Exhibit "D"hereto. (iii) Class C. The Class C Member is Declarant for so long as Declarant owns any Lot or Condominium Unit in the Properties. The Class C Member is assigned three (3) votes for each vote allocated to the Class A Members and Class B Members in the aggregate regardless of how many Lots or Condominium Units Declarant owns. The Board is comprised of three (3) directors, one elected by the Class A Members, one elected by the Class B Members, and one elected by the entire voting power of the Association. Notwithstanding anything to the contrary in the foregoing or in the Bylaws, Declarant shall have the right to appoint (a) the Class A director for so long as Declarant owns any Lot, and (b) the Class B director for so long as Declarant owns any Condominium Unit. 3.2.2 Transfer of Membership. An Owner's Association Membership shall not be assigned, transferred, pledged or alienated in any way, except upon the transfer of title to the Owner's appurtenant Lot or Condominium Unit, and then only to the purchaser or Mortgagee of such Lot or Condominium Unit. Any attempt to make a prohibited Membership transfer is SDH\30447.0001\361227.7 6/7/2007 -11- Packet Page 1858 void and will not be reflected on the books of the Association. Notwithstanding the foregoing, a Member who has sold his Lot or Condominium Unit to a contract purchaser under an installment land sale contract may delegate his membership rights to the contract purchaser. Such delegation shall be in writing and must be delivered to the Board before such contract purchaser may exercise Membership privileges. However, the contract seller remains liable for all charges and assessments attributable to his Lot or Condominium Unit until fee title to the Lot or Condominium Unit is transferred. If the Owner of any Lot or Condominium Unit fails or refuses to transfer the Membership (registered in his name) to the purchaser of such Owner's Lot or Condominium Unit upon transfer of fee title thereto, the Board of Directors may record the transfer on the Association's books. The Association may levy a reasonable transfer fee against new Owners and their Lots or Condominium Units (which fee shall be added to the Common Assessments chargeable to such new Owners) to reimburse the Association for the administrative costs of transferring the Memberships to the new Owners on the Association's records. 3.2.3 Suspension of Membership Rights. The Board may suspend the Membership rights of any Member, including the right to vote at any meeting of the Members, for any period during which any Common Assessment, Capital Improvement Assessment or Reconstruction Assessment against such Member and the Lot or Condominium Unit owned by such Member is delinquent. Any such suspension for nonpayment of any assessment shall not constitute a waiver or discharge of the Member's obligation to pay the assessments provided for herein. ARTICLE IV FUNCTIONS OF ASSOCIATION; MAINTENANCE STANDARDS; APPROVAL OF SIGN AGE 4.1. Permitted Functions. The Association is formed exclusively for those social welfare purposes and activities which are specifically and directly related to (i) equipping, maintaining, operating and utilizing the Association Property, including the Improvements thereon, (ii) collecting assessments to finance the maintenance and utilization of the Association Property, and (iii) administering and enforcing the Restrictions ( collectively, the "Permitted Functions''). Notwithstanding the foregoing, Permitted Functions do not include those activities prohibited by Section 4.4 below. The funds and resources of the Association shall be utilized solely and exclusively for the direct costs of Permitted Functions. 4.2. Powers and Duties. The Association has all of the powers of a California Nonprofit Mutual Benefit Corporation, subject only to such limitations upon the exercise of such powers as are expressly set forth in the Restrictions. Subject to the Restrictions, the Association has the power to perform any and all lawful acts which may be necessary or proper for or incidental to the exercise of any of the express powers of the Association. Subject to the foregoing provisions, the Association, acting through the Board, has: 4.2.1 Assessments. The power and duty to levy assessments on the Owners and to collect and enforce payment of such assessments in accordance with the provisions of Article V hereof. SDH\30447.0001\361227.7 6/7/2007 -12- Packet Page 1859 4.2.2 Repair and Maintenance. The power and duty to maintain, replace and repair, as applicable, in a neat and attractive condition, the Association Property. The power and duty, following a written petition from an affected Owner, to determine whether repairs specified in such Owner's petition with respect to a Common Driveway and/or a Party Wall are necessary. 4.2.3 Firewater Fees; Firewater Monitoring Services; Trash Services. The power and duty to (a) to procure and pay water utility fees associated with the Common Fire Water System, (b) to procure and pay for monitoring services associated with the Common Fire Water System, including telephone charges and monitoring system rental fees, and (c) procure and pay for trash dumpster pickup service for the Properties. If at any time the Association determines that any Owner and/or its Owner Representatives is generating a volume of trash that requires an increase in the size of a dumpster and/or an increase in the number of times per month that the dumpster is emptied, then the Association may levy a Special Assessment against such Owner and its Lot or Condominium in an amount equal to the increased costs incurred by the Association for the disproportionate use. 4.2.4 Easements and Rights-of-Way. The power but not the duty to grant and convey to any Person easements, licenses or rights-of-way in, on, over or under the Association Property and fee title to parcels or strips of land which comprise a portion of the Association Property, for purposes consistent with the terms of this Declaration. 4.2.5 Manager. The power and duty to contract with a professional Manager for the Association. 4.2.6 Insurance. The power and duty to obtain and maintain insurance for the Association and Association Property in accordance with Article VIII. 4.2.7 Legal and Accounting Services. The power but not the duty, if deemed appropriate by the Board, to retain and pay for legal (subject to Section 4.2.9 below) and accounting services necessary or proper in operating the Association Property, enforcing the Restrictions, and performing any of the other Association duties or rights. 4.2.8 Audit. The power and duty to permit any Owner, who may be accompanied by an accountant or other consultant, at said Owner's sole expense to audit or inspect the Association's books and records; provided that such audit or inspection is made during normal business hours and without unnecessary interference with the operations of the Manager or the Association. 4.2.9 Litigation. Except as otherwise provided in this Declaration, the power but not the duty to initiate, defend, settle or intervene in mediation, arbitration, judicial or administrative proceedings on behalf of the Association in matters solely pertaining to (i) the application or enforcement of the Restrictions and (ii) damage to the Association Property. Any recovery by the Association with respect to any damage to or defect in the Association Property shall be utilized solely for the purpose of paying for the costs of obtaining the recovery and for correcting such Association Property damage or defect. 4.3. Rules and Regulations. The Board may adopt such Rules and Regulations as it deems proper regarding the Owners' use, occupancy and maintenance of the Properties. To be SDH\30447.0001\361227.7 6n/2007 -13- Packet Page 1860 . effective, a copy of the Rules and Regulations, as adopted, amended or repealed, must be posted in a conspicuous place in the Association Property or must be mailed or otherwise delivered to each Owner. When mailed, delivered or posted, the Rules and Regulations shall have the same force and effect as if they were set forth herein; provided, however, that the Rules and Regulations shall be enforceable only to the extent that they are consistent with the Restrictions. 4.4. Offsite Nuisances. The Association shall not use any assessments or expend Association funds or resources to abate any annoyance or nuisance emanating from outside the physical boundaries of Properties. 4.5. Violating Owner Participation. No Owner who is in violation of the Restrictions shall be entitled to participate and/or vote as a Board in any action to be taken by the Association to remedy, penalize or otherwise act in connection with such Owner's violation of the Restrictions. 4.6. Board Approval of Signage. Except for "Approved Signage" (defined below), no flags, banners, balloons or advertising, address and/or identification signs, materials or items (collectively "Signage") shall be maintained on any portion of the Properties that is externally visible. All Signage in the Properties on the Association Property or which can be seen from any portion of the Association Property or any area outside of the Properties shall comply with the Sign Criteria and all Signage requirements and restrictions of the City. The term "Approved Signage" means Signage which the Board has determined in writing in advance to be in conformance with the Signage Criteria. Each Owner shall maintain its Approved Signage in good working order and in a clean and safe condition. The Board shall review proposed Signage solely for conformance with the Sign Criteria. The Board is not responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building codes or City and/or other governmental requirements and restrictions. 4. 7. Maintenance By Owners. Each Owner of a Lot shall repair and maintain its Lot and the Improvements thereon (including, without limitation, landscaping and Individual Building Fire Water System) or constituting a part thereof in clean, sanitary and attractive condition and in good repair in keeping with the standards of all applicable Local Governmental Authorities (except to the extent such Improvements are part of the Association Property). In addition, each Owner shall keep the parkway landscaping area in the right of way adjacent to such Owner's Lot mowed, weeded and neatly trimmed, as applicable, and clear of all rubbish, trash and debris and perform such other maintenance, repair and replacement as is necessary to keep such parkway area in a neatly landscaped and sightly condition. If any Owner fails to maintain the landscaping on its Lot and/or the parkway landscaping adjacent such Owner's Lot as required under this Section, the City shall have the right, but not the obligation, to enter upon such Lot and/or parkway area, as applicable, to perform such landscaping and charge the Owner therefor. ARTICLE V FUNDS AND ASSESSMENTS SDH\30447.0001\361227.7 6/7n.007 -14- Packet Page 1861 5.1. Obligation. By acceptance of a deed or other conveyance of a Lot or Condominium Unit, whether or not it shall be so expressed in such deed or such other instrument, every Owner is deemed to covenant to pay to the Association (i) annual Common Assessments for Common Expenses, (ii) Capital Improvement Assessments, (iii) Special Assessments, and (iv) Reconstruction Assessments; such assessments to be established and collected as hereinafter provided. All assessments, together with interest, costs, and reasonable attorneys' fees for the collection thereof, shall be a charge on the land and shall be a continuing lien upon the Lot or Condominium Unit against which such assessment is made. The personal obligation of assessments shall not pass to the successors-in-title to any Owner, unless expressly assumed by them. 5.2. Maintenance Funds. The Board shall Budget, establish and maintain at least the following separate accounts (the "Maintenance Funds") into which shall be deposited all monies paid to the Association, and from which disbursements shall be made, as provided herein, in the Association's performance of its functions under the Restrictions. All amounts deposited into the Maintenance Funds must be used solely for ~he purposes authorized by the Restrictions. Disbursements from the particular Maintenance Funds shall be limited to specific purposes as follows: 5.2. l General Operating Fund. A General Operating Fund for current expenses of the Association. Disbursements from the General Operating Fund shall be made for such purposes as are necessary for the discharge of the Association's responsibilities under the Restrictions, for the common benefit of all Owners. The General Operating Fund shall exclude current expenses attributable to Improvements and maintenance responsibilities of the Association under the Condo Supplemental Declaration ("Condominium Property Expenses'"). Nothing contained herein shall preclude the establishment of additional Maintenance Funds by the Association earmarked for specified purposes authorized by the Restrictions. 5.2.2 Other Funds. Any other M:;tintenance Funds which is required pursuant to any Supplemental Declaration or which the Board of Directors may deem necessary. 5.3. Association Property Damage or Neglect; Other Special Assessments. If any maintenance, repair or replacement of the Association Property is necessitated in the sole judgment of the Board as a result of the willful or negligent act or neglect of an Owner or an Owner Representative of such Owner, such maintenance, repairs or replacements shall be performed at the expense of such Owner, after Notice and Hearing, and a Special Assessment therefore shall be levied against such Owner. The Board may also levy Special Assessments as provided in Section 9.5.6 below. 5.4. Common Assessments. Each annual Common Assessment shall constitute an aggregate of separate assessments for each of the Maintenance Funds, reflecting an itemization of the amounts assessed and attributable to prospective deposits into the General Operating Funds, and any other Maintenance Fund(s) established by the Association. The Common Expenses of the Association (exclusive of Condominium Property Expenses) shall be allocated among all of the Lots and Condominium Units and the Owners thereof based on the percentage of shares of Project Common Expenses set forth in Exhibit "D" attached hereto. Condominium SDH\30447.0001\361227.7 6/7/2007 -15- Packet Page 1862 Property Expenses shall be allocated only among the Condominium Units within Lots 1 and 2 of Tract No. 18083 in accordance with the Condo Supplemental Declaration. 5.5. Commencement of Common Assessments. 5.5.1 Commencement Date. Common Assessments shall commence as to all Lots and Condominium Units on the date on which the first Close of Escrow for a Lot or Condominium Unit occurs. Notwithstanding anything to the contrary set forth in this Declaration, no Owner shall be responsible for the payment of any Common Assessments until the first day of the month following the completion of a building on the applicable Lot or the Close of Escrow for such Lot. Notwithstanding the foregoing, each Owner shall be responsible for any Special Assessments from and after the date on which such Owner acquires title to such Lot or Condominium Unit. 5.5.2 Payment Procedure. The Board shall fix the amount of the annual Common Assessment to be levied against each Lot and Condominium Unit at least thirty (30) days in advance of each Common Assessment period. However, unless otherwise established by the Board, the initial annual Common Assessment shall be levied in accordance with the most recent Budget. Written notice of any increase in the amount of the annual Common Assessment or any Capital Improvement or Reconstruction Assessment shall be sent by first class mail to every Owner subject thereto, not less than thirty (30) prior to the increased assessment becoming due. All installments of Common Assessments shall be collected in advance on a regular basis by the Board, at such frequency and on such due dates as the Board determines from time to time in its sole and absolute discretion. Each installment of a Common Assessment may be paid to the Association in one ( 1) check. If any payment of a Common Assessment installment is less than the amount assessed, the payment received by the Association from that Owner shall be credited in order of priority first to the General Operating Fund until that portion of the Common Assessment has been satisfied, then to the Condominium Association Property Operating Fund (if any) applicable to such Condominium Unit Owner until that portion of the Common Assessment has been satisfied, then to any other Maintenance Funds established by the Association. 5.5.3 Excess Funds. Unless otherwise approved by a majority of the voting power of the Association, any excess funds remaining in the Operating Fund, over and above the amounts used for the operation of the Properties, shall be used to reduce the following year's Common Assessment attributable to such Maintenance Funds. 5.6. Advanced Assessment Upon Transfer. Upon the transfer of any Lot or Condominium Unit, the Association will have the right to collect, in advance, up to two (2) months' Common Assessment allocable to the Lot or Condominium Unit being transferred. Such amounts shall be due and payable at the time of transfer and shall be applied to the Common Assessment installments payable with respect to the applicable Lot or Condominium for the period after the date of the transfer. Each Owner will provide the Association with not less than thirty (30) days' prior written notice of any contemplated transfer of its Lot or Condominium Unit. SDH\30447.0001\361227.7 6/7/2007 -16- Packet Page 1863 5.7. Capital Improvement Assessments. The Board may levy, in any fiscal year, a Capital Improvement Assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a Capital Improvement upon the Association Property, including fixtures and personal property related thereto; provided that all proposed Capital Improvement Assessments shall require a majority of votes at a meeting or written ballot of the Owners at which more than fifty percent (50%) of the total voting power of the Association is represented. Notwithstanding the foregoing, the Board may levy in any fiscal year a Capital Improvement Assessment applicable to that fiscal year without the vote of the Members if such Capital Improvement Assessment is necessary for addressing a Capital Improvement necessary to address an imminent threat to property or the safety of persons within the Properties. All Capital Improvement Assessments must be levied against all Lots and Condominium Units in the same manner and in the same proportions as Common Assessments are levied, and they shall be collected in the manner and frequency determined by the Board. 5.8. Exempt Property. The following property subject to this Declaration shall be exempt from the assessments herein: those portions of the Properties dedicated in fee and accepted by a public body, agency or authority; the Association Property, if any, owned in fee by the Association. 5.9. Nonpayment of Assessments. 5.9.1 Delinquency. Assessments are delinquent if not paid within fifteen (15) days after the due date established by the Association. Assessments not paid within thirty (30) days after the due date, plus all reasonable costs of collection (including attorneys' fees) and late charges bear interest at the maximum rate permitted by law commencing thirty (30) days after the due date.until paid. The Association may also require the delinquent Owner to pay a late charge in accordance with California Civil Code Section 1366(e)(2). The Association need not accept any tender of a partial payment of an Assessment and all costs and attorneys' fees attributable thereto. Acceptance of any such tender does not waive the Association's right to demand and receive full payment. 5.9.2 Creation and Release of Lien. (i) Priority of Lien. All sums assessed in accordance with this Declaration constitute a lien on the respective Lot or Condominium prior and superior to (i) any declaration of homestead Recorded after the Recordation of this Declaration, and (ii) all other liens, except (1) all taxes, bonds, Assessments and other levies which, by law, would be superior thereto, and (2) the lien or charge of any first Mortgage of Record (meaning any Recorded Mortgage with first priority or seniority over other Mortgages) made in good faith and for value and Recorded before the date on which the "Notice of Delinquent Assessment" (described in this Section) against the respective Lot or Condominium was Recorded. (ii) Prerequisite to Creating Lien. Before the Association may place a lien on an Owner's Lot or Condominium to collect a past due Assessment, the Association must comply with (i) the notification requirements of California Civil Code Section 1367. l(a) and (ii) the procedural requirements of California Civil Code Section 1367.l(c). SDH\30447.0001\361227.7 6/7/2007 -17- Packet Page 1864 (iii) Notice of Delinquent Assessment. The lien becomes effective on Recordation by the Board or its authorized agent of a Notice of Delinquent Assessment ( "Notice of Delinquent Assessment', securing the payment of any Assessment or installment thereof levied by the Association against any Lot or Condominium Owner, as provided in Section 1367 of the California Civil Code. The Notice of Delinquent Assessment must identify (i) the amount of the Assessment and other authorized charges and interest, including the cost of preparing and Recording the Notice of Delinquent Assessment, (ii) the amount of collection costs incurred, including reasonable attorneys' fees, (iii) a sufficient description of the Lot or Condominium that has been assessed, (iv) the Association's name and address, (v) the name of the Owner of the Lot or Condominium that has been assessed, and (vi) if the lien is to be enforced by nonjudicial foreclosure, the name and address of the trustee authorized by the Association to enforce the lien by sale. The Notice of Delinquent Assessment must be signed by an authorized Association officer or agent and must be mailed in the manner required by Section 2924b of the California Civil Code to the Owner of record of the Lot or Condominium no later than (10) calendar days after Recordation. The lien relates only to the individual Lot or Condominium against which the Assessment was levied and not to the Properties as a whole. (iv) Exceptions. Assessments described in Section 1367(c) of the California Civil Code and Section 2792.26(c) of the California Code of Regulations may not become a lien against an Owner's Unit enforceable by sale of the Unit under Sections 2924, 2924(b) and 2924(c) of the California Civil Code. (v) Application of Payments. Delinquent Assessments paid by an Owner shall be applied first to Assessments owed and then to interest, late charges and collection costs. If requested by an Owner, the Association shall provide the Owner with a receipt for payment of delinquent Assessments which receipt shall include the date of receipt of payment and the name of the individual receiving receipt. The Association shall provide a mailing address for overnight payment of Assessments. (vi) Release of Lien. Within twenty-one (21) days following (a) payment of the full amount claimed in the Notice of Delinquent Assessment, or other satisfaction thereof, or (b) discovery by the Board that the lien was recorded in error, the Board shall cause to be Recorded a Notice of Satisfaction and Release of Lien ("Notice of Release', stating the satisfaction and release of the amount claimed. The Board may require the Owner to pay a reasonable charge for preparing and Recording the Notice of Release. Any purchaser or encumbrancer who has acted in good faith and extended value may rely on the Notice of Release as conclusive evidence of the full satisfaction of the sums identified as owed in the Notice of Delinquent Assessment. 5.9.3 Enforcement of Liens. Except as otherwise provided herein and in any applicable provisions of the California Civil Code, the Association may enforce the collection of amounts due under this Declaration as follows: (i) Judicial or Non-Judicial Foreclosure. If (i) the amount of a delinquent Assessment exceeds eighteen hundred dollars ($1,800.00) ( excluding accelerated Assessments, late charges, fees and costs of collection, attorneys' fees and interest) or (ii) an Assessment is more than twelve (12) months past due, the Association may enforce collection of SDH\30447.0001\361227.7 6/7/2007 -18- Packet Page 1865 the amount due by using judicial or nonjudicial foreclosure, provided that the Association must comply first with the requirements of Section 1367.4(c) of the California Civil Code. The foreclosure sale shall be conducted in accordance with the provisions of the California Civil Code applicable to the exercise of powers of sale in Mortgages, or in any manner permitted by law. The Association may sue to foreclose the lien if (a) at least thirty (30) days have elapsed since the date on which the Notice of Delinquent Assessment was Recorded and (b) at least ten (10) days have elapsed since a copy of the Notice of Delinquent Assessment was mailed to the Owner affected thereby. The Association may bid on the Lot or Condominium at foreclosure sale, and acquire and hold, lease, mortgage and convey the same. On completion of the foreclosure sale, the Association or the purchaser at the sale may file suit to secure occupancy of the defaulting Owner's Lot or Condominium, and the defaulting Owner shall be required to pay the reasonable rental value for the Lot or Condominium during any period of continued occupancy by the defaulting Owner or any persons claiming under the defaulting Owner. Notwithstanding the foregoing, a nonjudicial foreclosure by the Association to collect a debt for delinquent Assessments shall be subject to a right of redemption. The redemption period shall expire ninety (90) days after the foreclosure sale. (ii) Civil Action in Small Claims Court. If the amount of a delinquent Assessment does not exceed eighteen hundred dollars ($1,800.00) ( excluding accelerated Assessments, late charges, fees and costs of collection, attorneys' fees and interest), the Association may not enforce the collection of the amount due by judicial or nonjudicial foreclosure, but may collect such amount by a civil action in small claims court pursuant to Sections 116.110 et seq. of the California Code of Civil Procedure. The amount of a delinquent Assessment which may be recovered in small claims court may not exceed the jurisdictional limits of the court and shall be the sum of (i) the amount owed as of the date of filing of the complaint in the proceeding and (ii) in the discretion of the court, an additional amount equal to the amount owed for the period from the date the complaint is filed until satisfaction of the judgment, which total amount may include without limitation any reasonable late charges, fees and costs of collection, attorneys' fees and interest. (iii) Other Legal Remedies. Subject to the limitations set forth in Section 1367.4 of the California Civil Code, the Association may enforce the collection of amounts due under this Declaration in any other manner provided by law. Any suit to recover a money judgment does not affirm the adequacy of money damages. Any recovery resulting from a suit at law or in equity initiated pursuant to this Section may include reasonable attorneys' fees as fixed by the court. 5.9.4 Priority of Assessment Lien. Mortgages Recorded before a Notice of Delinquent Assessment have lien priority over the Notice of Delinquent Assessment. Sale or transfer of any Lot or Condominium does not affect the Assessment lien, except that the sale or transfer of any Lot or Condominium pursuant to judicial or nonjudicial foreclosure of a first Mortgage extinguishes the lien of such Assessments as to payments which became due before such sale or transfer. No sale or transfer relieves such Lot or Condominium from liens for any Assessments thereafter becoming due. No Person who obtains title to a Lot or Condominium pursuant to a judicial or nonjudicial foreclosure of the first Mortgage is liable for the Assessments chargeable to such Lot or Condominium which became due before the acquisition SDH\30447.0001\361227.7 6/7/2007 -19- Packet Page 1866 of title to the Lot or Condominium by such Person. Such Assessments are a Common Expense collectible from all Owners including such Person. 5.9.5 Receivers. In addition to the foreclosure and other remedies granted the Association in this Declaration, each Owner, by acceptance of a deed to such Owner's Lot or Condominium, conveys to the Association all of such Owner's right, title and interest in all rents, issues and profits derived from and appurtenant to such Lot or Condominium, subject to the right of the Association to collect and apply such rents, issues and profits to any delinquent Assessments owed by such Owner, reserving to the Owner the right, before any default by the Owner in the payment of Assessments, to collect and retain such rents, issues and profits as they may become due and payable. On any such default the Association may, on the expiration of thirty (30) days following delivery to the Owner of the "Notice of Delinquent Assessment" described in this Declaration, either in person, by agent or by receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness secured by the lien described in this Declaration, (a) enter in or on and take possession of the Lot or Condominium or any part thereof, (b) in the Associat~on's name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and (c) apply the same, less allowable expenses of operation, to any delinquencies of the Owner, and in such order as the Association may determine. The entering upon and taking possession of the Lot or Condominium, the collection of rents, issues and profits and the application thereof, shall not cure or waive any default or notice of default under this Declaration or invalidate any act done pursuant to such notice. 5.10. Mortgage Protection-Liens. Subject to Section 5.9.2(i) above, no lien created under this Article V, nor any breach of this Declaration, nor the enforcement of any provision hereof shall defeat or render invalid the rights of the Beneficiary under any Recorded Deed of Trust upon a Lot or Condominium Unit, made in good faith and for value. After a Beneficiary or other Person obtains title to a Lot or Condominium Unit by judicial foreclosure or by means of the powers set forth in such Deed of Trust, the Lot or Condominium Unit shall remain subject to the Restrictions and the payment of all installments of assessments and other obligations, accruing after the date the Beneficiary or other Person obtains title. ARTICLE VI DESTRUCTION OR CONDEMNATION OF ASSOCIATION PROPERTY Damage to, destruction or condemnation of all or any portion of the Association Property shall be handled in the following manner: 6.1. Damage by Owners. To the extent permitted by law, each Owner is liable to the Association for any damage to the Association Property not fully reimbursed to the Association by insurance (including any insurance policy deductible amounts) if the damage is sustained because of the negligence, neglect, willful misconduct or unauthorized or improper installation or maintenance of any Improvement by the Owner, and its Owner Representatives or any other Persons deriving their right and easement of use and enjoyment of the Association Property from the Owner, or Owner Representative. However, the Association, acting through the Board, may determine whether any claim will be made upon the insurance maintained by the Association, and after Notice and Hearing the Association may levy a Special Assessment equal to the SDH\30447.0001\361227.7 6/7/2007 -20- Packet Page 1867 increase, if any, in insurance premiums directly attributable to the damage caused by the Owner or the Person for whom the Owner may be liable as described above. In the case of joint ownership of a Lot or Condominium Unit, the liability of the Owners is joint and several, except to the extent that the Association has previously contracted in writing with the joint Owners to the contrary. After Notice and Hearing, the cost of correcting the damage, to the extent not reimbursed to the Association by insurance, shall be a Special Assessment. 6.2. Repair of Damages. If Association Property Improvements are damaged by fire or other casualty, any insurance proceeds payable by reason thereof shall be paid to the Association, which thereupon shall contract for the repair or replacement of all the Association Property Improvements so damaged. The Association shall levy a Reconstruction Assessment on Owners to satisfy any deficiency between insurance proceeds and the actual cost of repair or replacement in the same manner and proportion that Common Assessments are levied against and collected from Owners. 6.3. Condemnation of Association Property. If all or any portion of the Association Property, or any interest therein, is taken by right of eminent domain or by private purchase in lieu of eminent domain, the award in condemnation shall be paid to the Association and deposited in the applicable Maintenance Fund. 6.4. Condemnation of a Lot. If there is a taking of a Lot, the award in condemnation shall be paid to the Owner of the Lot; however, such award shall first be applied to the balance then due on any Mortgages encumbering such Owner's Lot, in order of priority. 6.5. Notice to Owners and Listed Mortgagees. The Board of Directors immediately upon learning of any taking by eminent domain of any Association Property, or any threat thereof, shall promptly notify all Owners whose Lots or Condominium Units are subject to Common Assessments for the maintenance of such Association Property, and all Record holders of first Mortgages on such Owners' Lots or Condominium Units. The Board, immediately upon learning of any damage or destruction affecting a material portion of the Association Property, shall promptly notify all Owners whose Lots or Condominium Units are subject to Common Assessments for the maintenance of such Association Property, and all holders of first Mortgages on Lots or Condominium Units who have filed a written request for such notice. ARTICLE VII DECLARANT EXEMPTION Each Owner of a Lot or Condominium Unit which is part of the Properties acknowledges by acceptance of a deed or other conveyance therefore, whether or not it shall be so expressed in any such deed or other instrument, that Declarant has a substantial interest in assuring compliance with and enforcement of, the covenants, conditions, restrictions and reservations contained in this Declaration and any amendments thereto. Notwithstanding any other provisions of the Restrictions, until Declarant no longer owns a Lot or Condominium Unit in the Properties, neither the Association nor any of its Members shall do anything to interfere with Declarant's development activities for the Properties (including without limitation those described below), and nothing in this Declaration shall be understood or construed to: (a) prevent Declarant or its contractors or subcontractors, from doing on any Lot or Condominium SDH\30447.0001\361227.7 6/7/2007 -21- Packet Page 1868 Unit owned or controlled by Declarant whatever Declarant determines to be necessary or advisable in connection with the completion of such work, including without limitation the alteration of construction plans and designs as Declarant deems advisable in the course of development; or (b) prevent Declarant or its representatives, from erecting, constructing and maintaining on any portion of the Properties owned or controlled by Declarant, or its contractors or subcontractors, such structures as may be reasonably necessary for the conduct of its business of completing such work and disposing of the Lots and Condominium Units by sale, resale, lease or otherwise; or (c) prevent Declarant or its contractors or subcontractors, from conducting on any Lot owned or controlled by Declarant, its business of developing, altering, subdividing, grading and constructing Improvements to and on any portion of the Properties and of disposing thereof by sale, resale, lease or otherwise; or (d) prevent Declarant or its contractors or subcontractors, from maintaining such sign or signs on any portion of the Properties owned or controlled by Declarant as may be necessary in connection with the sale, resale, lease or other marketing of Lots and Condominium Units in the Properties; or (e) prevent Declarant, at any time prior to acquisition of title to a Lot or Condominium Unit by a purchaser from Declarant, to establish on that Lot or Condominium Unit additional licenses, reservations and rights-of-w~y to itself, to utility companies, or to others as may from time to time be reasonably necessary to the proper development and disposal of the Properties. Without limiting the generality of the foregoing, no approval or consent of the Association or its Members shall be required for any change by Declarant of the Improvements on the Association Property or the Association Property, including without limitation any relocation or modification of driveways or walkways thereon. Prospective purchasers and Declarant may use any and all portions of the Association Property for access to the sales and leasing facilities of Declarant. All or any portion of the rights of Declarant, hereunder and elsewhere in these Restrictions may be assigned by Declarant, to any successor in interest to any portion of Declarant's interest in any portion of the Properties by an express Recorded written assignment which specifies the rights of Declarant so assigned. ARTICLE VIII INSURANCE 8.1. Casualty Insurance. The Board shall obtain and maintain fire and casualty insurance with extended coverage for loss or damage to all insurable Improvements which are a part of, or are located on, the Association-Property for the full replacement cost thereof without deduction for depreciation or coinsurance, and may obtain insurance against such other hazards and casualties as the Association may deem desirable. The Association may also insure any other real or personal property it owns against loss or damage by fire and such other hazards as the Association may deem desirable, with the Association as 'the owner and beneficiary of such insurance. The policies insuring the Association Property must be written in the name of, and the proceeds thereof must be payable to the Association. Unless the applicable insurance policy provides for a different procedure for the filing of claims, all claims made under such policy must be sent to the insurance carrier or agent, as applicable, by certified mail and be clearly identified as a claim. The Association shall keep a record of all claims made. The Association shall use insurance proceeds to repair or replace the property for which the insurance was carried. SDH\30447.0001\361227.7 6/7/2007 -22- Packet Page 1869 8.2. Insurance Obligations of Owners. Each Owner of a Lot shall obtain adequate casualty insurance and fire insurance in an amount as near as possible to the replacement cost, without deduction for depreciation or coinsurance, of all of the Improvements owned by such Owner. Each Lot and Condominium Unit Owner shall maintain fire and extended coverage insurance on the personal property and fixtures and other Improvements located within such Lot or Condominium Unit. Each Owner shall carry public liability insurance to cover its individual liability for damage to persons or property occurring upon its Lot or within its Condominium Unit, as applicable, or elsewhere upon the Properties, in any manner arising out of the use of such Owner's Lot or Condominium Unit. Such insurance shall be obtained and maintained with commercially reasonable limits and deductibles. If any loss intended to be covered by insurance carried by the Association shall occur and the proceeds payable thereunder shall be reduced by reason of insurance carried by any Owner, such Owner shall assign the proceeds of such insurance carried by him to the Association, to the extent of such reduction, for application by the Board to the same purposes as the reduced proceeds are to be applied. 8.3. Waiver of Subrogation. All policies of physical damage insurance the Association maintains must provide, if reasonably possible, for waiver of: (i) any defense based on coinsurance; (ii) any right of setoff, counterclaim, apportionment, proration or contribution due to other insurance not carried by the Association; (iii) any invalidity, other adverse effect or defense due to any breach of warranty or condition caused by the Association, any Owner or any tenant of any Owner, or arising from any act or omission of any named insured or the respective agents, contractors and employees of any insured; (iv) any rights of the insurer to repair, rebuild or replace, and, if any Improvement is not repaired, rebuilt or replaced following loss, any right to pay under the insurance an amount less than the replacement value of the Improvements insured; (v) notice of the assignment of any Owner of its interest in the insurance by virtue of a conveyance of any Lot or Condominium Unit; (vi) any denial of an Owner's claim because of negligent acts by the Association or other Owners; or (vii) prejudice of the insurance by any acts or omissions of Owners that are not under the Association's control. As to each policy of insurance the Association maintains which will not be voided or impaired thereby, the Association hereby waives and releases all claims against the Board, the Owners, the Association Manager and Declarant, and the agents and employees of each of the foregoing, with respect to any loss covered by such insurance, whether or not caused by negligence or breach of any agreement by such Persons, but only to the extent that insurance proceeds are received in compensation for such loss. 8.4. Liability and Other Insurance. The Association shall obtain comprehensive public liability insurance, including medical payments and malicious mischief, in such limits as it deems desirable with such minimum limits as are set forth in Section 1365.9 of the California Civil Code, insuring against liability for bodily injury, death and property damage arising from the Association's activities or with respect to property the Association maintains or is required to maintain including, if obtainable, a cross-liability endorsement insuring each insured against liability to each other insured. The Association may also obtain Worker's Compensation insurance and other liability insurance as it may deem desirable. The Board shall review all· insurance policies at least annually and adjust the limits in its discretion. The Board may also obtain such errors and omissions insurance, indemnity bonds, fidelity insurance and other insurance as it deems advisable, insuring the Board, the Association's officers and the Association Manager against any liability for any act or omission in carrying out their SDH\30447.0001\361227.7 6/7/2007 -23- Packet Page 1870 obligations hereunder, or resulting from their membership on the Board or on any committee thereof. However, fidelity insurance coverage which names the Association as an obligee must be obtained by or on behalf of the Association for any Person handling Association funds, including, but not limited to, Association officers, directors, employees and agents and Association Manager employees, whether or not such Persons are compensated for their services, in an amount not less than the estimated maximum of funds, in the Association's or Association Manager's custody during the term of such fidelity insurance. The aggregate amount of such bonds may not be less than one-fourth (1/4) of the Common Assessments on all Lots and Condominium Units in the Properties. ARTICLE IX MrscELLANEOUS 9.1. Term and Termination. This Declaration continues in full force until an instrument terminating this Declaration satisfying the requirements of an amendment to this Declaration as set forth in Section 9.2 of this Article is Recorded. 9 .2. Amendments. 9.2.1 By Declarant. So long as Declarant owns all or any portion of the Properties, this Declaration may be amended by Recording a written instrument signed by Declarant setting forth such amendment. Such amendment by Declarant shall not require the . approval of the other Owners. 9.2.2 By Owners. The provisions of this Declaration may be amended by Recording an instrument, signed and acknowledged by Declarant (for so long as Declarant owns a Lot or Condominium Unit in the Properties) and two (2) officers of the Association, setting forth the amendment and certifying that such amendment has been approved by Owners representing more than fifty percent (50°/o) of the voting power of the Association and the requisite percentage of holders and insurers of first Mortgages, in the case of those amendments which this Declaration requires to be approved by first Mortgagees. Amendments shall be effective upon Recordation. So long as Declarant owns a Lot or Condominium Unit in the Properties there shall be no amendment to the Restrictions without Declarant's written approval. 9.2.3 Approval of First Mortgagees. Notwithstanding the foregoing, any of the following amendments, to be effective, must be approved by more than fifty percent (50%) of first Mortgagees who have requested the Association to notify them of proposed action requiring the consent of a specified percentage of first Mortgagees, based upon the Class A and/or Class B votes allocated to a Lot or Condominium Unit, as applicable, pledged as security for the respective first Mortgage: • (i) Rights of Lenders. Any amendment which affects or purports to affect the validity or priority of encumbrances or the rights or protections granted to . Beneficiaries _of first Mortgages. (ii) Lien Priority. Any amendment which would necessitate a Mortgagee after it has acquired a Lot or Condominium Unit through foreclosure to pay more SDH\30447.0001\361227.7 6/7/2007 -24- Packet Page 1871 than its proportionate share of any unpaid assessment or assessments accruing after such foreclosure. (iii) Forfeitures and Taxes. Any amendment which would or could result in (a) an encumbrance being cancelled by forfeiture, or (b) an individual Lot or Condominium Unit not being separately assessed for tax purposes. (iv) Insurance and Condemnation. Any amendment relating to the insurance provisions of Article VIII, to the application of insurance proceeds or the disposition of any money received in any taking under condemnation proceedings. (v) Termination and Subdivision. Any amendment which would or could result in termination or abandonment of the Properties or partition or subdivision of a Lot in any manner inconsistent with the provisions of this Declaration; provided that termination of the legal status of the Properties as a common interest development for reasons other than substantial destruction or condemnation of the Properties must be approved by the institutional Record holders of more than fifty percent ( 50%) of the first Mortgages at the time of such amendment. Any approval by a holder of a first Mortgage required under this Section 9.2.3, or required pursuant to any other provisions of the Restrictions, must either be given in writing, or is deemed given if, within thirty (30) days after receipt of written notice of the proposed action sent via registered or certified mail, return receipt requested, the holder does not submit a written response to the notice. 9.2.4 Certification. A certificate, signed and sworn to by two (2) officers of the Association that Members representing more than fifty percent (50%) of the voting power of the Association have voted for any amendment adopted as provided in 9.2.2 above, w~en Recorded, shall be conclusive evidence of that fact. The certificate reflecting any termination or amendment which requires the consent of any of the record holders of first Mortgages shall include a certification that the requisite approval of such holders of first Mortgages has been obtained or waived. The certificate reflecting any termination or amendment requiring Declarant's consent shall be signed and acknowledged by Declarant. The Association shall maintain in its files the record of all such votes and Mortgagee consent solicitations and disapprovals for a period of at least four (4) years. 9.3. Mortgagee Protection-General. Notwithstanding any other provision of this Declaration, no amendment or violation of this Declaration will defeat or render invalid the rights of the BenefiGiary under any Deed of Trust made in good faith and for value, and Recorded prior to the Recordation of such amendment ( or a Notice of Delinquent Assessment Recorded pursuant to Section 5.9). After the foreclosure of any such Deed of Trust such Lot or Condominium Unit remains subject to this Declaration, as amended. Notwithstanding any and all provisions of this Declaration to the contrary, in order to induce Lenders to participate in the financing of Lots and Condominium Units within the Properties, the following provisions are added hereto: SDH\30447.0001\361227.7 6/7/2007 -25- Packet Page 1872 9.3.1 Notice of Default. Each Beneficiary of a first Mortgage encumbering any Lot or Condominium Unit upon filing a written request for notification with the Board, is entitled to written notification from the Association of (i) any condemnation or casualty loss which affects either a material portion of the Properties or the Lot or Condominium Unit securing the respective first Mortgage; (ii) any delinquency of sixty (60) days or more in the performance by the Owner of such Lot or Condominium Unit of any obligation arising pursuant to this Declaration, including without limitation the payment of assessments or charges owed by the Owner of the Lot or Condominium Unit securing the respective first Mortgage, which notice each Owner hereby consents to and authorizes; (iii) a lapse, cancellation, or material modification of any policy of insurance or fidelity bond maintained by the Association; and (iv) any proposed action of the Association which requires consent by a specified percentage of first Mortgagees. 9.3.2 Lien Priority. Each first Mortgagee of a Mortgage encumbering any Lot or Condominium Unit and Recorded prior to a Notice of Delinquent Assessment pursuant to Section 5.9 which obtains title to such Lot or Condominium Unit pursuant to judicial foreclosure or the powers provided in such Mortgage takes title to such Lot or Condominium Unit free and clear of any claims for unpaid assessments or charges against such Lot or Condominium Unit which accrued prior to the time such Mortgagee acquires title to such Lot or Condominium Unit. 9.3.3 Books and Records. All Beneficiaries of first Mortgages on Lots or Condominium Units, upon written request to the Association, may examine current copies of the Association's books, records and financial statements and the Restrictions during normal business hours, and may require the Association to submit an annual financial statement for the preceding fiscal year without expense to the entity requesting the statement within one hundred twenty ( 120) days of the end of the fiscal year. 9.3.4 Mortgagee Notices. All Beneficiaries of first Mortgages who have filed a written request with the Association shall be given (i) written notice prior to the effective date of any proposed, material amendment to this Declaration or the Articles or Bylaws; (ii) written notice of all meetings of the Members and the right to designate in writing a representative who shall be authorized to attend all such meetings; and (iii) immediate written notice as soon as the Board receives notice or otherwise learns of any damage to the Association Property whenever the cost of reconstruction exceeds One Hundred Thousand Dollars ($100,000), and as soon as the Board receives notice or otherwise learns of any condemnation or eminent domain proceedings or other proposed acquisition, with respect to any portion of the Properties. 9.3.5 Association Property Taxes. First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any Association Property and may pay any overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such property, and first Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. 9.4. Notices. Any notice permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered two (2) business days after a copy of the same has been SDH\30447.0001\361227.7 6/7/2007 -26- Packet Page 1873 deposited in the United States mail, postage prepaid, addressed to any Person at the address given by such Person to the Association for the purpose of service of such notice of such Person if no address has been given to the Association. Such address may be ch_anged from time to time by notice in writing to the Association. 9.5. Enforcement and Non-Waiver. 9.5.1 Right of Enforcement. Subject to Sections 1354 and 1375 of the California Civil Code and Sections 9.5.7, 9.5 .. 8 and 9.12 below, the Association, the successors­ in-interest of the Association, any Owner and Declarant (so long as Declarant owns a Lot or Condominium Unit in the Properties), may enforce any of the provisions of the Restrictions against any portion of the Properties which is in noncompliance, and against each Owner, the Association, or any other Person responsible for the noncompliance. Such right shall include proceedings for damages, as well as proceedings to enjoin any violation of the Restrictions. The City shall also have the right, but not the obligation, to enforce any provisions of this Declaration. 9.5.2 Violations are Nuisance. Every act or omission whereby any provision of the Restrictions is violated in whole or in part is declared a nuisance and every remedy allowed by law or equity against a nuisance, either public or private, is applicable against every such violation and may be exercised as provided in Section 9.5.1 above. 9.5.3 Violation of Law. Any violation of any state, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of any of the Properties is a violation of the Restrictions and subject to all of the enforcement procedures set forth in the Restrictions. 9.5.4 Remedies Cumulative. Each remedy provided by the Restrictions is cumulative and not exclusive. The Association may, without waiving the right to enforce its lien against the Lot or Condominium Unit, bring a suit at law to enforce each assessment obligation. 9.5.5 No Waiver. Failure to enforce any provision of the Restrictions does not waive the right to enforce that provision, or any other provision thereof. 9.5.6 Special Assessment. If any Owner violates the Restrictions, the Board may, after Notice and Hearing and in addition to the other remedies available, impose a reasonable Special Assessment upon such Owner for each violation and may as further provided in the Bylaws. The Board may also adopt a schedule of reasonable fines or penalties which, in its reasonable discretion, it may assess against an Owner for failure of the Owner or such Owner Representatives, to comply with any provision of the Restrictions, other than Article V hereof. Such fines or penalties may only be assessed by the Board after Notice and Hearing. 9.5.7 Notice of Noncompliance. After notice and hearing, the Board may direct the officers of the Association to Record a notice of noncompliance against a Lot or Condominium Unit owned by any Member of the Association who has violated any provision of this Declaration. The notice shall include a legal description of the Lot or Condominium Unit and shall specify the provision of this Declaration that was violated, the violation committed, and the steps required to remedy the noncompliance. Once the noncompliance is remedied or the SDH\30447.0001\361227.7 6/7/2007 -27- Packet Page 1874 noncomplying Owner has taken such other steps as reasonably required by the Board, the Board shall direct the officers of the Association to Record a notice that the noncompliance has been remedied. 9.5.8 Limitation on Expenditures. The Association may not incur litigation expenses, including without limitation attorneys' fees, or borrow money to fund litigation, where the Association initiates legal proceedings or is joined as a plaintiff in legal proceedings, unless the Association first obtains the approval of more than fifty percent (50%) of the voting power of the Association ( excluding the voting power of any Owner who would be a defendant in such proceedings), and, if applicable, complies with the requirements of Section 1354 of the California Civil Code. Such approval is not necessary if the legal proceedings are initiated (i) to enforce the design control provisions contained in Article IV, (ii) to collect any unpaid assessments levied pursuant to this Declaration, or (iii) as a cross-complaint in litigation to which the Association is already a party. If the Association decides to borrow funds to pay for any litigation or pay for litigation from funds other than operating funds, such notice shall provide an explanation of why the litigation is being initiated or defended, why operating funds cannot be used, how and when the loan or other funds will be repaid, and a proposed budget for the litigation. The notice must state that the Members have a right to review an accounting for the litigation which will be available at the Association's office. The accounting shall be updated monthly. 9.6. Interpretation. 9.6.1 Restrictions Construed Together. The Restrictions shall be liberally construed to effectuate the fundamental concepts of the Properties as set forth in the Preamble to this Declaration. The Restrictions shall be interpreted so as to be consistent with applicable laws and regulations, including ordinances and regulations of the City, the County and other applicable governmental entities. The Restrictions shall be construed and governed by the laws of the State of California. 9.6.2 Restrictions Severable. Notwithstanding the provisions of Section 9.6.1, each of the provisions of the Restrictions is independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision. 9.6.3 Singular Includes Plural. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine, feminine and neuter. 9.6.4 Captions. All captions and titles in this Declaration are solely for convenience of reference and do not affect that which is set forth in any of the provisions hereof. 9.6.5 Time Periods. Except as otherwise expressly provided herein, any reference in this Declaration to time for performance of obligations or to elapsed time means consecutive calendar days, months, or years, as applicable. 9. 7. Reservation of Easements. Declarant hereby reserves to itself together with the right to transfer same easements of access, ingress and egress over the Properties for installation SDH\30447.0001\361227.7 6/7/2007 -28- Packet Page 1875 and maintenance of utilities and drainage facilities shown on a Subdivision Map or Maps for the Properties and for construction, installation, operation, replacement, repair and maintenance of all utility and service lines, systems and other devices and other Improvements which may be reasonably necessary for the development and marketing of Lots and Condominium Units within the Properties, including, but not limited to, water, sewer, gas, telephone, electrical, television and storm drain and water lines (collectively the "Facilities"). Within the location of the Facilities' easements and rights of way, no Improvement shall be planted or placed which may interfere with the use, maintenance or operation of the Facilities or which may be in violation of any ordinance or law of any applicable governmental authority. 9.8. No Public Right of Dedication. Nothing in this Declaration is a gift or dedication of all or any part of the Properties to the public, or for any public use: 9.9. Disclosures. Every person who owns, occupies or acquires any right, title, estate or interest in or to any Lot or Condominium Unit or other portion of the Properties agrees to every limitation, restriction, easement, reservation, condition and covenant contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person acquired an interest in the Properties. 9.10. No Representations or Warranties. No representations or warranties of any kind, express or implied, have been given or made by Declarant or its agents or employees in connection with the Properties or any portion of the Properties, or any Improvement thereon, its physical conditions, zoning, compliance with applicable laws, fitness for intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof, except as specifically and expressly set forth in this Declaration. 9.11. Standard of Care, NonliabiHty. 9.11.1 Scope of Powers and Standard of Care. (i) General Scope of Powers. Rights and powers conferred on the Board or other committees or representatives of the Association by the Restrictions are not duties, obligations or disabilities charged upon those Persons unless the rights and powers are explicitly identified as including duties, obligations or disabilities in the Restrictions or in applicable law. Unless a duty to act is imposed on the Board, or other committees or representatives of the Association by the Restrictions or applicable law, the Board and the committees have the right to decide to act or not act. Any decision to not act is not a waiver of the right to act in the future. (ii) Business Affairs. This Subsection 9.11.1 (ii) applies to Board member actions in connection with management, personnel, maintenance and operations, insurance, contracts and finances. Each Board member shall perform the duties of a Board member in good faith, in a manner such Board member believes to be in the best interests of the Association and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. When performing his duties, a Board member is entitled to rely on information, opinions, reports or statements, including financial statements and other financial data, in each case prepared or presented by: SDH\30447.0001\361227.7 6/7/2007 -29- Packet Page 1876 (1) One or more officers or employees of the Association whom the Board member believes to be reliable and competent in the matters presented; (2) Counsel, independent accountants or other Persons as to matters which the Board member believes to be within such Person's professional or expert competence; or (3) A committee of the Board upon which the Board member does not serve, as to matters within its designated authority, which committee the director believes to merit confidence, so long as, in any such case, the director acts in good faith, after reasonable inquiry when the need therefore is indicated by the circumstances and without knowledge that would cause such reliance to be unwarranted. (4) This Subsection 9.11. l(ii) is intended to be a restatement of the business judgment rule established in applicable law as it applies to the Association. All amendments, modifications, restatements and interpretations of the business judgment rule appl_icable to the Association shall be interpreted to amend, modify, restate or interpret this Subsection 9.11. l(ii). (iii) Association Governance. This Subsection 9.11.1 (iii) applies to Board actions and committee decisions in connection with interpretation and enforcement of the Restrictions, architectural and landscaping control, regulation of uses within the Properties, rule making and oversight of committees. Actions taken or decisions made in connection with these matters shall be reasonable, fair and nondiscriminatory. 9.11.2 Nonliability. (i) General Rule. No Person is liable to any other Person (other than the Association or a party claiming in the name of the Association) for injuries or damage resulting from such Person's acts or omissions when the acts or omissions are within what the Person reasonably believed to be the scope of the Person's Association duties ("Official Acts''), except to the extent that injuries or damage result from the Person's willful or malicious misconduct. No Person is liable to the Association (or to any party claiming in the name of the Association) for injuries or damage resulting from such Person's Official Acts, except to the extent that such injuries or damage result from such Person's willful or malicious misconduct. The Association is not liable for damage to property in the Properties unless caused by the negligence of the Association, the Board, the Association's officers, the Manager or the Manager's staff. (ii) Nonliability of Volunteer Board Members and Officers. A volunteer Board member or volunteer Association officer shall not be personally liable to any Person who suffers injury, including without limitation bodily injury, emotional distress, wrongful death or property damage or loss as a result of the tortious act or omission of the volunteer officer or Board member if all of the applicable conditions specified in Section 1365. 7 of the California Civil Code, as modified, amended, or replaced, are met. 9.12. Arbitration of Disputes. Any disputes between all or any of (a) the Association and/or any Owner(s) and (b) the Declarant or any member, director, officer, partner, agent or SDH\30447.0001\361227.7 6/7/2007 -30- Packet Page 1877 employee of Declarant ( collectively, "Declarant Parties") arising under this Declaration or relating to the Properties ( excluding disputes solely between Declarant and any other Declarant Party or Parties and disputes regarding payment of assessments) shall be submitted to final and binding arbitration before Judicial Arbitration and Mediation Services, Inc. ( "JAMS', or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Section I et seq. ("Arbitration',. Any party may commence the Arbitration process by filing a written demand for arbitration with the JAMS office located in the County, with a copy to the other party(ies). The parties will cooperate with the JAMS and with one another in selecting an arbitrator from the JAMS panel of arbitrators, and in scheduling the Arbitration proceedings. The parties will share equally in its costs, unless the arbitrator orders otherwise. The provisions of this Section may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, to be paid by the party(ies) against whom enforcement is ordered. EACH OWNER, BY ACCEPTANCE OF A DEED TO A LOT OR CONDOMINIUM, AND THE ASSOCIATION, BY ACCEPTANCE OF A DEED TO THE ASSOCIATION PROPERTY, ACKNOWLEDGES AND AGREES THAT (A) ALL DISPUTES DESCRIBED ABOVE SHALL BE RESOLVED BY ARBITRATION AND (B) TO THE EXTENT PERMITTED BYLAW, EACH SUCH OWNER AND THE ASSOCIATION, AS APPLICABLE, IS GIVING UP ANY RIGHTS IT MIGHT POSSESS TO HAVE THOSE MATTERS LITIGATED IN A COURT OR JURY TRIAL. [SIGNATURES ON FOLLOWING PAGE} SDH\30447.0001\361227.7 6/7/2007 -31- Packet Page 1878 [SIGNATURE PAGE TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS FOR WATERMAN BUSINESS CENTER] Declarant has executed this D.eclaration as of the date set forth below. Dated: CfW1e..--I 2-, 2007 SDH\30447.0001\361227.7 6/7/2007 WA TERMAN BP, LLC, a California limited liability company By: SEVENTH STREET DEVELOPMENT, LLC, a California limited liability company Its: Manager By: Its: -32- Packet Page 1879 ST ATE OF CALIFORNIA ) COUNTY OF I t,S ~ 1_3 ~ ss On .\ )Y'\, a . \ 1-, 200.J.,. before me, ~....:::e~u...a....Lv:o..::::.:....__'\--+-·-'-M....::::.....:....!.. 1 :].-0~ ..... ~f._-_;J Notary Public, personally appeared -----= t!..i'---'~-'-O-\=~--=-+-S-J..L-::=-V-=------0-11-; 3.-.J.,.S.,__ _______ _ personally known to me ~f J'ffl (ea te me on the basis of satisfaetory e•,•teenee~ to be the perso~ whose nam~ islftre.subscribed to the within instrument and acknowledged to me that he~she/they executed the same in hisfher/thcii authorized capacity(ies), and that by hi~,'hctftheir signatur~ on the instrument the personfs'), or the entity upon behalf of which the perso~ acted, executed the instrument. ' WITNESS my hand and official seal. ST A TE OF CALIFORNIA COUNTY OF _____ _ ) ) ss ) (SEAL) On ________ , 200_, before me, _____________ ___, Notary Public, personally appeared ____________________ _ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the person( s ), or the entity upon behalf of which the person( s) acted, executed the instrument. WITNESS my hand and official seal. Signature _____________ _ (SEAL) SDH\30447.0001\361227.7 6/7/2007 -33- Packet Page 1880 ILLEGIBLE NOTARY SEAL DECLARATION GOVERNMENT CODE 27361.7 I certify under penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: . Name of Notary __ ___.,_( .... M...:...L~(;\-=------'-Y-'-.__..:]);:__r_i_-zo-=--5=------------- Commission Number ____ _.i_7-=.....3o<Q'-=U;.._3=-?L-L? ____________ _ Date Commission Expires. ___ ....aN_O"'----'-\/_,_J-_o ___ , -=J-o __ l_D __________ _ County Where Bond is Filed. ___ ----'--L_o;:;...._;;_s_____;A-vl....:......:.....:.,,B~e::;......,..:fes""""'"----------- Place of Execution of this Declaration Irvine CA 92614 ~=--=-'--""=-=-='-'-------------- Date. ____ ____,,Ji~IAM ............... :t:,...""'---=i_,,&½/.___,,r/:...._~:e::.....co:e::.....c7~--------- ~ Q_ ~~ LandAmerica Commercial Services Packet Page 1881 SUBORDINATION The undersigned, as Beneficiary of the beneficial interest in and under that certain Deed of Trust dated October 24, 2005, and recorded on October 27, 2005, in the Official Records of San Bernardino County, California, as Instrument No. 2005-0807833, which Deed of Trust is between Waterman BP, LLC, a California limited liability company, as Trustor, Commonwealth Land Title Company, as Trustee, and JPMorgan Chase Bank, N.A., as Beneficiary, hereby expressly subordinates such Deed of Trust and its beneficial interests thereunder to the foregoing Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Waterman Business Center ("Declaration'') and to all easements to be conveyed to the Association in accordance with the Declaration. By executing this Subordination, the undersigned agrees that should the undersigned acquire title to all or any portion of the Properties by foreclosure (whether judicial or nonjudicial), deed-in-lieu of foreclosure or any other remedy in or relating to the Deed of Trust, the undersigned will acquire title subject to the provisions.of the Declaration, which shall remain in full force and effect. • - Dated: _) "'/' {.. ) '3 , 2007 JPMORGAN CHASE BANK, N.A., a national banking By: By: SDH\30447.000 I \361227.7 6/7/2007 -34- Packet Page 1882 STATE OF CALIFORNIA COUNTY OF :tf\o._r ~ct9~ ) ) ss ) On :S, , "L \ ~ , 200 ..J.., before me, ~~~.,_:::~~~~~~~~__, Notary Public, personally appeared _i;;-~OL,J~:'.!:::a~u_k_:~~~1&:c~---.t.l...L..J:..L..-1..;~l...O!..~r:__ personally known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. , Signature_..:.-.,.c~~~~~~~~----- STA TE OF CALIFORNIA COUNTY OF 1¥\0l.ttcdf- ) ) ss ) OFFICIAL SEAL KELLY A. JACKOWSKI NOTARY PUBLIC.-ARIZONA MARICOPA COUNTY MY Comm. Expires Oct. 10, 2009 (SEAL) 0~ d ,>ct l?J , 20(Q_, beforeruie,µ~-....C...:...µ~~=LI1¥.:~~·--' N otary Puhl ic, personally appeared .L.~LJ/\l!t)~o-~-~L::....:....-.2.1\.l~: ~~~~.-l~~----1..i:b:~~~l.._ __ personally known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the person( s ), or the entity upon behalf of which the person( s) acted, executed the instrument. WITNESS my h d and official seal. ' OFFICIAL SEAL KELLY A. JACKOWSKI _ NOTARY PUBLIC -ARIZONA ~ i· ·,.,,, j MARICOPA COUNTY My Comm. Expires Oct. 10, 2009 (SEAL) SDH\30447.0001\361227.7 6/7/2007 -35- Packet Page 1883 EXHIBIT "A" TRACT MAP SDH\30447.0001\361227.7 6/7/2007 Packet Page 1884 SCALE: 1 "=80' SHEET J OF 6 SHEETS IN THE CITY OF SAN BERNARDINO, SAN BERNARDINO COUNTY, CALIFORNIA LEGEND TRACT MAP NO. 18083 FOR OFFICE/CONDOMINIUM PURPOSES, LOTS 1 & 2 ONLY. 14 UNITS PER LOT BEING A SUBDMSION OF LOTS 9 TO JO, INCLUSIVE, or TRACT 6548, IN THE CITY or SAN BERNAROINO, COUNTY or SAN BERNARDINO, ST4T[ OF CALIFORN14, AS PER PLAT RECORDED IN BOOK 84, PAGES 39 AND 40 INCLUSIVE or I.IAPS. IN THE OfFICE or THE COUNTY RECORDER or SAID COUNTY. rtl E(ll911.M)IW(t ~-~&:'Kl!i-, fl 141•621. 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ACC(SS (Jr.S(U(P(I roR TK[ scm:rn or lOTS I .lNO l SH O(TM.5 011 SH[tt 4 @ E>.SC"[r<I Of SOUlHCRN CJ.l~ORN~ CDISO.S CO.,,,ANT fOR POL! UN! Al<O/OQ CCN()UIT R(C 1/16/196l IN 8K. ~J~. PC 867, 0.R. (!) (AS(U(NI 01 (tf( cm Of w, 8(Rn.lR01t10 rQSf SAN1TAR'( 5[W(R PURPOSCS P(R 1R.t.CT Pl() ~a. we. 8'/39-CO, @ Ct.SMHl TO Th{ CITY OT $.\>. 8[il;.lQl)l.'vO (OR WAl(R UN[ PtmPOS!~ C(OICA1CO H[A(O."I. SC[ 0£lAll ON Sl-t((T 6 BASIS OF B[ARINGS (S[.AJtNCS «. 8'.SlO CJI TNt C(lfl[R\JJ,( rl WAl(ftl.WI A',{NV( 8(1cG ff()RfH OCJ~"t()' W1' PU Tlt,lrCT Ml l)ll. U 8 ... /Jt•40. UN( ll L2 u c• C5 L6 L7 ce C9 CIO '" Ll2 LIJ L1' LIS cu•..: c, Cl Cl lCJl c• lr4\ LIH( T.lBl( L(!iCTH B(AIIINC 5 JO 509·47'1{J'W 2l47 S00'05'00"W 2000 ss9·~1·•1·c 2000 ~·oo·c 20 JO Nao-06 '2~ •w 369 sso·06·2~·c 20J S80'26'25"( 10 20 sao·06 ·2s ·c 0.96 seo•06'25tc 11.16 sso·o5·2~·c 3000 SO\l'~l.J5'W 4.)90 sao·oa·2s·c JOOO N'09~J'35'( JOOO S09'!:i)·l5·w 77 7'' HOO"OO't!)C CUF?'ft lA8l( on.'" suo1us 1.tNGtH a.a.·4~f75· 2000 34.ec· Jllt"4f31• 2000 ~, .. ·,n· 2000 ! 1911.• 50'06'40' 2000 7 i:t6· g.\'-»''74• 2000 •n• g1·22•u,• 10.00 1-, .:.n' roq:wiw.,a ,u~ &CUPflD ~ t!V.1(1( CJ J/c' A)I Pft ll)IJG_P[tlU 11/Jl WATERMAN l6llt l41J1l AVENUE MB. Yl2 FOR BOUN04RY ESTABLISHMENT OETAll, SE[ SHEET 2 ~ ,!, ... ~ .. ,, i i~ N~ ... < ~~ :l 2 .. ii ~ .., ~ C - M ll! Ji 8 I a: Ill i Packet Page 1885 EXHIBIT "B" ASSOCIATION PROPERTY The gravel infiltration trench, appurtenant catch basins and filter(s) servicing Lots 2 through 12 of Tract No. 18083 and the catch basins, storm drain pipes and filters on Lots 1 and 2 of Tract No. 18083. The Common Fire Water System. SDH\30447.0001\361227.7 6/7/2007 Packet Page 1886 EXHIBIT "C" DRAWINGS SHOWING COMMON DRIVEWAYS SDH\30447.0001\361227.7 6/7/2007 Packet Page 1887 \.,'" SIEEI E BQAD . I ' I I -1111 I 11 I n I I I I I I I 8 I I I I I I I I I I I I • •-~ j ., 11111111 lllllllllU 11111111 1111 II 11-~ / , , 11·11·11111 1111·n-1 111111 n 11111111 11111·0·11 r •• ..u I , ,_ -N i~ I, ~ I I lg hi -rtll • - -L :"i ..... . . - I ~ ~ ----J:I'-.~-m LEGEND j I I I J -I ~ COMMON DRIVEWAYS I ~ \ I UJ.I I I 11 I 11 11 1.U.1 11 1111 I 11 I 111 I I U I 11.H.I ''----ll"ll .. ./q ~~ /~~~;f;'l_]_lfl~;}ll.:tl_~~O~ ~16_11E_ll::;;;ll;f_Qlfl_~ll&;·ls ~\~ 11;;;0;;11~11:;;;l;;;;l l;;;;I ;;:;0;;;; II= 11= 11=1= lr7~~~L::j -------------=======----~-------------~ )"-----, ... '--- WATERMAN AV .... ENIJ.Jl'-£,IJE ___ _ --- 18710 S. Wilmington Ave., Suite 203 -EXHIBIT "C" Plot-nil< -g-- Associates Rancho Dominguez, California 90220 Tel: (310) 605-6657 Fax: (310) 605-6658 www.plotnik.com DRAWING SHOWING COMMON DRIVEWAYS SCALE: 1 "= 150' DATE: 4/27 /07 • CIVIL ENGINEERING • LAND SURVEYING BY: ' JEK JOB NO.: 278.00 Packet Page 1888 • EXHIBIT "D" PERCENTAGE SHARE OF COMMON EXPENSES Percentage Share of. Lot Common Expenses 3 8.51% 4 6.71% 5 5.77% 6 5.00% 7 5.01% 8 7.17% 9 6.85% 10 ,5.74% 11 5.88% 12 7.98% SDH\30447.000l\361227.7 6/7fl.007 Condo Unit A-1 A-2 A-3 A-4 A-5 A-6 A-7 A-8 A-9 A-10 A-12 A-13 A-14 B-1 B-2 B-3 B-4 B-5 B-6 B-7 B-8 B-9 B-10 B-11 B-12 B-13 B-14 Total for Lots and Condos: Percentage Share of Common Expenses 2.20% 1.08% 1.10% 1.10% 1.08% 1.08% 1.09% 1.09% 1.08% 1.08% 1.10% 1.08% 1.89% 2.36% 1.11 % 1.13% 1.13% 1.11 % 1.11 % 1.12% 1.12% 1.11 % 1.11% 1.13% 1.13% 1.11 % 2.45% 100.00% Packet Page 1889 E>CH ,a,r '1 e: II ARTICLES OF INCORPORATION OF WATERMAN BUSINESS CENTER ASSOCIATION ONE: The name of this corporation ("Corporation" herein) is WA TERMAN BUSINESS CENTER ASSOCIATION. TWO: A. This Corporation is a nonprofit mutual benefit corporation organized under the Nonprofit Mutual Benefit Corporation Law. The purpose of this corporation is to engage in any lawful act or activity, other than credit union business, for which a corporation may be organized under such law. B. The specific purpose of this Corporation is to operate an owners association to manage a common interest development under the Davis-Stirling Common Interest Development Act. THREE: The name and address in the state of California of this Corporation's initial agent for service of process is: Craig Furniss, 3780 Kilroy Airport Way, Suite 125, Long Beach, CA 90806. FOUR: Notwithstanding any of the above statements of purposes and powers, the Corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the specific purpose of this Corporation. FIVE: This Corporation is an association formed manage a common interest development under the Davis-Stirling Common Interest Development Act. SIX: This Corporation does not have a business office. The nine-digit zip code of the common interest development is 92408-0000. The front street and the nearest cross street to the common interest development are Industrial Road and Waterman A venue. SEVEN: The name and address of the association's managing agent is Mar West Real Estate, 202 Fashion Ln., Suite 221, Tustin, CA 92780. SDH\30447.0001\359624.I 6/7/2007 1 Packet Page 1890 The undersigned, who is the incorporator of the Corporation, has executed these Articles of Incorporation on :[yV)e, 12-, 2007. SDH\30447.0001\359624.J 6/7/2007 P~N~e: __ Q_~-~-\-~~~f-~_r_~_1&~5~_ "Incorporator" 2 Packet Page 1891 BYLAWS OF WA TERMAN BUSINESS CENTER ASSOCIATION Packet Page 1892 DESCRIPTION TABLE OF CONTENTS FOR BYLAWS OF WATERMAN BUSINESS CENTER ASSOCIATION PAGE ARTICLE I PLAN OF OWNERSHIP ...................... 7 ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 1 1.1. Definitions and Interpretation .................................................................................. 1 1.2. Name ........................................................................................................................ l 1.3. Application ............................................................................................................... 1 ARTICLE II BOARD OF DIRECTORS ......................................................................................... I 2.1. Number .................................................................................................................... ! 2.2. Qualifications for Holding Office ............................................................................ 1 2.3. Election .................................................................................................................... 3 2.4. Term of Office ......................................................................................................... 3 2.5. Vacancies ................................................................................................................. 3 2.6. Removal of Directors ............................................................................................... 3 2. 7. Compensation .......................................................................................................... 4 2.8. Powers and Duties .................................................................................................... 4 2.9. Special Powers and Duties ....................................................................................... 4 2.10. Distribution of Information ...................................................................................... 5 2.11. Meetings ................................................................................................................... 6 2.12. Action Without Meeting ........................................................................................... 8 2.13. Quorum and Adjournment ....................................................................................... 8 2.14. Committees .............................................................................................................. 8 ARTICLE III OFFICERS ................................................................................................................ 8 3 .1. Designation .............................................................................................................. 8 3 .2. Election of Officers .................................................................................................. 8 3.3. Removal of Officers ................................................................................................. 8 3 .4. Compensation .......................................................................................................... 8 3. 5. . President ................................................................................................................... 9 3 .6. Vice President .......................................................................................................... 9 3. 7. Secretary .................................................................................................................. 9 3 .8. Treasurer .................................................................................................................. 9 ARTICLE IV OWNERS ................................................................................................................ 10 4.1. Voting Rights ......................................................................................................... 10 4.2. Majority of Quorum ............................................................................................... 10 4.3. Quorum .................................................................................................................. 10 4.4. Proxies .................................................................................................................... 10 4.5. Place of Meetings of Owners ................................................................................. 10 SDH\30447.0001\361335.2 6nl2007 -1- Packet Page 1893 DESCRIPTION PAGE 4.6. Annual Meetings of Owners .................................................................................. 10 4. 7. Special Meetings of Owners .................................................................................. 11 4.8. Notice ..................................................................................................................... 11 4.9. RecordDateS ................................................................... : ...................................... 11 4.10. Adjourned Meetings ............................................................................................... 11 4.11. Order ofBusiness ................................................................................................... 12 4.12. Action Without Meeting .................. ." ..................................................................... 12 4 .13. Consent of Absentees ............................................................................................. 12 4.14. Minutes, Presumption of Notice ............................................................................ 12 4.15. Inspector of Election .............................................................................................. 13 ARTICLE V AMENDMENTS ...................................................................................................... 13 ARTICLE VI MISCELLANEOUS ............................................................................................... 13 6. l . Checks, Drafts and Documents .............................................................................. 13 6.2. Conflicts ................................................................................................................. 14 6.3. Execution ofDocuments ........................................................................................ 14 6.4. Availability of Association Documents ................................................................. 14 6.5. FiscalYear ............................................................................................................. 15 ARTICLE VII NOTICE AND HEARING PROCEDURE .......................................................... .15 7. l . Initial Complaint .................................................................................................... 15 7 .2. Scheduling Hearings ............................................................................................... 15 7 .3. Conduct of Hearing ................................................................................................ 15 7.4. Imposition of Sanctions ......................................................................................... 15 7.5. Limits on Remedies ............................................................................................... 16 SDH\30447.0001\361335.2 617/2007 -11-' Packet Page 1894 BYLAWS OF WATERMAN BUSINESS CENTER ASSOCIATION ARTICLE I PLAN OF OWNERSHIP 1.1. Definitions and Interpretation. Unless otherwise provided in these Bylaws, the capitalized terms used in these Bylaws have the same meanings as in the Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Waterman Business Center ("Declaration'J· These Bylaws shall be interpreted in accordance with Section 1.2 of the Declaration. 1.2. Name. The name of the corporation is Waterman Business Center Association. The principal office of the Association shall be located in such location as is designated by the Board. 1.3. Application. These Bylaws apply to the commercial project known as Waterman Business Center, located in the County of San Bernardino ("County'J· All Persons who use the facilities of the Properties in any manner are subject to the regulations in these Bylaws and in the Declaration, Recorded in the Official Records of the County against the Properties. Use of any Lot or Condominium in the Properties signifies acceptance and ratification of these Bylaws. ARTICLE II BOARD OF DIRECTORS 2.1. Number; Election by Class. The property, business and affairs of the Association shall be governed and managed by a Board of Directors initially composed of three (3) persons, each of whom must be either an Owner or an agent of Declarant until Declarant no longer owns a Lot or Condominium in the Properties. One Director shall be elected by the Class A Members, one Director shall be elected by the Class B Members, and one Director shall be elected by the entire voting power of the Association. The authorized number of Directors may be increased to five (5) upon the Board's adopting a resolution so increasing the authorized number of Directors. If the authorized number of Directors is increased to five (5), then two Directors shall be elected by the Class A Members, two Directors shall be elected by the Class B Members, and one Director shall be elected by the entire voting power of the Association. Any other change in the authorized number of Directors shall require a duly adopted amendment to these Bylaws. Notwithstanding anything to the contrary in the foregoing or in the Declaration, Declarant shall have the right to appoint (a) the Class A director(s) for so long as Declarant owns any Lot, and (b) the Class B director(s) for so long as Declarant owns any Condominium Unit. 2.2. Qualifications for Holding Office. Each Director, except for those initially appointed by Declarant to serve as interim Directors until the first annual meeting, must either be SDH\30447.0001\361335.2 6/7(2007 -1- Packet Page 1895 an Owner who meets the qualifications in this Section 2.2 or, as long as Declarant owns any portion of the Properties, an agent of Declarant. 2.2. l Candidacy Requirements for Owners. Owners who meet the following criteria are qualified to be elected to the Board of Directors: • (a) The Owner must be in compliance with the Restrictions for the three (3) months immediately preceding the date of the election at which the Owner is being considered for election to the Board of Directors or during such Owner's period of ownership if the Owner acquired its Lot or Condominium Unit within such three (3) month period. To be in compliance, the Owner must correct, within five (5) days after receipt of notice by the Association, any violation of the Restrictions for which the Owner has been determined to be responsible pursuant to applicable due process requirements; and (b) The Owner must be current in the payment of all Assessments for the three (3) months immediately preceding the date of the election at which the Owner is being considered for election to the Board of Directors or during such Owner's period_ of ownership if the Owner acquired its Lot or Condominium Unit within such three (3) month period. 2.2.2 Incumbent Requirements. To remain qualified to serve on the Board of Directors, an Owner who has been elected to the Board of Directors must: (a) Not be absent from more than three (3) consecutive regularly scheduled meetings of the Board; • (b) Attend at least seventy-five percent (75%) of the Board meetings held during the year and attend the entire meeting each time; (c) Comply with every duly approved action of the Board; (d) Comply with the Restrictions and correct, within five (5) days after receipt of notice by the Association, any violation of the Restrictions for which that Director has been determined to be responsible pursuant to applicable due process requirements; (e) Not be more than three (3) months in arrears in the payment of any Assessment; (f) Exhibit respect, professionalism and courteous behavior to Owners, committee members, vendors, the Manager and its staff, and any other Persons associated with or retained by the Association; (g) Refuse any type of gain, such as money, services, products, gifts or gratuities of a significant value, as determined by a majority vote of the Directors who meet all of the required qualifications to serve as such, which gain is offered in relation to the Owner's service as a Director. In addition, the Owner must disclose such offers at an open meeting of the Board. Compensation for services duly approved by the Board and unrelated to duties as a Director or Officer of the Association, and reimbursement of expenses associated with services to the Association, do not constitute prohibited gain within the meaning of this subsection; and SDH\30447.0001\361335.2 6nf2.007 -2- Packet Page 1896 (h) Not act in a manner determined by a majority vote of the Directors to be grossly detrimental to the general safety, health or welfare of the Association and its members. 2.3. Election. 2.3.1 General Procedure. At the first annual meeting of the Owners, and at each annual meeting thereafter, the Owners shall elect new Directors to fill vacancies on the Board. If an annual meeting is not held, or all positions on the Board are not filled at the annual meeting, Board members may be elected at a special meeting of the Owners. 2.3.2 Voting. Voting shall be by secret written ballot. After Declarant ceases to appoint Directors, an Owner may cumulate his votes for any candidate for the Board in any election in which more than two (2) Directors are to be elected if (a) the candidate's name has been placed in nomination before the voting, and (b) an Owner has given notice at the meeting before the voting of such Owner's intent to cumulate votes. If an Owner cumulates his votes, such Owner may cast a number of votes equal to the Owner's share of the voting power multiplied by the number of Directors to be elected. 2.4. Term of Office. Each Director shall hold office until the earlier to occur of (a) the end of the Director's term of office after a successor has been elected, or (b) his death, resignation, removal or judicial adjudication of mental incompetence. At the first annual meeting, the term of office of each Director elected two (2) years; provided that until Declarant no longer owns a Unit in the Properties Declarant shall be entitled to appoint all Directors. The term of office of each Director elected to fill a vacancy created by expiration of a Director's term of office shall be two (2) years. The term of office of each Director elected or appointed to the Board for any other reason shall be the balance of the unserved term. Any person serving as a Director may be reelected. There is no limit on the number of terms which a Director may serve. 2.5. Vacancies. A vacancy on the Board is deemed to exist in case of death, resignation, removal or judicial adjudication of mental incompetence of any Dir:ector or if the Owners fail to elect the full number of authorized Directors at any meeting at which a Directors election is to take place. Vacancies on the Board caused by any reason other than the removal of a Director may be filled by either (a) vote of a majority of the remaining Directors, even though they may constitute less than a quorum, or (b) by vote of the Owners at a meeting; provided that until Declarant no longer owns a Unit in the Properties all vacancies shall be filled by Declarant. Any vacancy caused by the removal of a Director must be filled by a vote of the Owners. A Director may resign at any time by giving notice to the President, the Secretary or the Board. Any Director who ceases to be an Owner or an agent of Declarant is deemed to have resigned from the Board. 2.6. Removal of Directors. After Declarant no longer owns a Unit in the Properties, at any meeting of the Owners, any individual Director or the entire Board may be removed before the expiration of their terms of office with or without cause by the vote of Owners representing a majority of the Association's voting power (including votes attributable to Declarant). However, if the entire Board is not removed as a group pursuant to a single vote, no individual Director may be removed if the number of votes cast against removal would be SDH\30447.0001\361335.2 6/7/2007 -3- Packet Page 1897 sufficient to elect such Director if voted cumulatively at an election at which the same total number of votes were cast and the entire number of Directors authorized at the time of the Director's most recent election were then being elected. Any Director whose removal has been proposed by the Owners must be given an opportunity to be heard at the meeting. If any Directors are removed, new Directors may be elected at the same meeting. However, any Director elected to office solely by the votes of Owners other than Declarant may be removed only by the vote of at least a simple majority of the Association's voting power represented by Owners other than Declarant. Any Director elected or appointed to office solely by Declarant may only be removed by Declarant. 2.7. Compensation. Directors may not receive any compensation for their services as Directors unless such compensation is first approved by Owners representing at least a majority of the Association's voting power. However, (a) nothing in these Bylaws precludes any Director from serving the Association in some other capacity and receiving compensation therefor, and (b) any Director may be reimbursed for actual expenses incurred in performance of Association duties, and (c) no officer, employee or director of Declarant or any affiliate ofDeclarant may receive any compensation for service as a Director of the Association. 2.8. Powers and Duties. The Board has the powers and duties necessary to administer the Association's affairs. All the Association's powers shall be exercised by the Board except those powers specifically reserved to the Owners. 2.9. Special Powers and Duties. Without limiting the scope of the Board's general powers and duties, the Board is granted the following powers and duties: 2.9.1 Officers, Agents and Employees. The power and duty to select, appoint and remove all Association officers, agents and employees, to prescribe such powers and duties for them as may be consistent with law and with the Restrictions, to fix their compensation, to require from them such security for faithful service as the Board considers advisable, and to contract to provide them with such indemnification as the Board determines is appropriate. 2.9.2 Contracts. (a) The power to enter into contracts. This includes contracts (a) for maintenance, landscaping, and common utilities services, (b) materials, supplies and other Common Expenses relating to the Lots or Condominiums, (c) employing personnel necessary to manage the Properties, including legal and accounting services, and ( d) paying for Improvements on the Association Property. (b) The power to enforce the Restrictions and any agreements entered into by the Association and to impose sanctions against Owners for violating the Restrictions. 2.9.3 Principal Office, Place of Meetings, Seal. The power, but not the duty, to move the Association's principal office to any location selected by the Board; to designate any place in the County for holding any meetings of Owners consistent with the provisions of Section 4.5; and to adopt and use a corporate seal and to alter the form of such seal. SDH\30447.0001\361335.2 6/7/2007 -4- Packet Page 1898 2.9.4 Assessments. The power and duty to fix and levy Assessments and identify the due date for payment of Assessments. The Board may incur Common Expenses. The Association's funds shall be held in trust for the Owners. 2.9.5 Insurance. The power and duty to contract and pay for insurance in accordance with the Declaration, covering and protecting against such damages or injuries as the Board considers advisabl~ (which coverage may include medical expenses of persons injured on the Association Property). The Board shall review, not less frequently than annually, all insurance policies and bonds obtained by the Board on the Association's behalf. 2.9.6 Delegation. The power, but not the duty, to delegate its powers according to law. 2.9.7 Bylaws. The power and duty to adopt these Bylaws. 2.9.8 Records. The power and duty to keep a complete record of Association acts and corporate affairs. 2.9.9 Sale of Property. The power, but not the duty, to sell property of the Association. Approval from Owners representing at least a majority of the Association's voting power must be obtained before property of the Association having an aggregate fair market value greater than ten percent ( 10%) of the Association's budgeted gross expenses for the Fiscal Year is sold in a single Fiscal Year. 2.9.10 Manager. The power to engage a professional Manager for the Association at a compensation established by the Board to perform such duties and services as the Board authorizes. 2.9.11 Agreements with Declarant. The power, but not the duty, to negotiate and enter into agreements with Declarant. • 2.9 .12 Adoption of Election Rules. The power and duty to adopt election rules in accordance with Section 1363.03(a) of the California Civil Code. 2.10. Distribution of Information. The Board shall distribute the following financial information to all Owners (and any Beneficiary, insurer and guarantor of a first Mortgage on request), regardless of the number of Owners or the amount of assets of the Association: 2.10.1 Budget. A pro forma operating budget for each Fiscal Year consisting of at least the following information must be distributed to the Members annually not less than thirty (30) nor more than ninety (90) days prior to the beginning of each Fiscal Year: (a) Estimated revenue and Common Expenses computed on an accrual basis. (b) A summary of the Association's reserves (if any). SDH\30447.0001\361335.2 6/7/2007 -5- Packet Page 1899 (c) All other information required under California Civil Code Section 1365.2.5. 2.10.2 Financial Report. A report consisting of the following must be distributed within one hundred twenty (120) days after the close of the Fiscal Year. (a) A balance sheet as of the end of the Fiscal Year. (b) An operating (income) statement for the Fiscal Year. ( c). A statement of changes in financial position for the Fiscal Year. (d) Any information required to be reported under Section 8322 of the California Corporations Code. (e) A statement of the place where the names and addresses of the current Owners are located. If the report referred to in Section 2.10.2 is not prepared by an independent accountant, it must be accompanied by the certificate of an authorized Association officer stating that the statement was prepared from the Association's books and records without independent audit or review. 2.10.3 Accounts. On at least a yearly basis, the Board shall: (a) cause to be completed and review a current reconciliation of the Association's accounts, (b) review the. income and expense statement for the Association's accounts.and (c) review the most current account statements prepared by the financial institutions where the Association keeps its accounts. 2.11. Meetings. 2.11.1 Organization Meeting. The first regular ("organization") meeting of a newly elected Board must be held within thirty (30) days of election of the Board, at such place as is fixed and announced by the Directors at the meeting at which such Directors were elected, to organize, elect officers and transact other business. No notice is necessary to the newly elected Directors to hold such meeting; provided that (a) a majority of the whole Board is present when the time and place are announced at the annual meeting and (b) the meeting is held on the same day and at the same place as the annual meeting of the Owners at which the newly constituted Board was elected. 2.11.2 Regular Meetings. Regular meetings may be held at such time and place in the Properties as is determined by a resolution adopted by a majority of a quorum of the Directors no less frequently than may be required by law from time to time. Notice of the time and place of regular meetings of the Board shall be given to each Director at least four ( 4) days before the date of the meeting. Notices may be given personally or by telephone, including a voice messaging system or other system or technology designed to record and communicate messages, facsimile, electronic mail, or other electronic means or posted at a prominent place or places in the Association Property. SDH\30447.0001\361335.2 6/7/2007 -6- Packet Page 1900 2.11.3 Special Meetings. Special meetings may be called by the President or by any two (2) Directors by posting notice at least four (4) days before such meeting at a prominent place or places in the Association Property or on four (4) days' notice by first-class mail or forty­ eight (48) hours' notice delivered personally or by telephone, including a voice messaging system or other system or technology designed to record and communicate messages, telegraph, facsimile, electronic mail, or other electronic. means. The notice must state the time, place and the purpose of the meeting. 2.11.4 Executive Sessions. The Board may convene in executive session to (a) discuss and vote upon personnel matters, litigation, matters relating to the formation of contracts with third parties, or Owner discipline or (b) meet with an Owner, upon the Owner's request, regarding the Owner's payment of Assessments, as specified in California Civil Code Section 1367 or 1367.1. The nature ofbusiness to be considered in executive session must first be announced in an open session and must be generally noted in the minutes of the Board. In any matter relating to the discipline of an Owner, the Board shall meet in executive session if requested by that Owner. The Owner may attend the executive session. 2.1 1.5 Other Meetings. Any congregation of a majority of the members of the Board at the same time and place to hear, discuss, or deliberate on any item of business scheduled to be heard by the Board, except those matters that may be discussed in executive session, shall constitute a meeting of the Board. All Owners shall have the right to attend any regular, special or other meeting of the Board, ·except an executive session. Owners who are not Directors may not participate in any deliberation or discussion at such meetings unless authorized by a vote of a majority of a quorum of the Board. However, at each Board meeting, except for executive sessions, the Board must set aside time for Owners to speak, subject to reasonable limits imposed by the Board. 2.11.6 Notice to Owners. Generally, if a meeting of the Board is not a regular or special meeting, Owners shall be given notice of the time and place of the meeting at least four (4) days before the meeting. Notice required by this Section may be given by posting the notice in a prominent place or places in the Association Property, by mail or delivery of the notice to each Lot or Condominium in the Properties, or by newsletter or other similar means of communication. If there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the Board and which of necessity make it impractical to provide notice to the Owners, then an emergency meeting of the Board may be called by the President or any two (2) other members of the Board without providing notice to the Owners. 2.11.7 Waiver of Notice. Before or at any meeting of the Board, any Director may, in writing, waive personal notice of such meeting. Attendance by a Director at any Board meeting waives the requirement of personal notice. If all Directors are present at a Board meeting, no notice to Directors is required and any business may be transacted at such meeting. The transactions of any Board meeting, however called and noticed or wherever held, are valid as though had at a meeting duly held after regular call and notice, if (a) a quorum is present, (b) notice to the Owners of such meeting was posted as provided in Sections 2.11.2, 2.11.3 or 2.11.6, and (c) either before or after the meeting, each of the Directors not present signs a written waiver of notice, a consent to holding such meeting, or an approval of the Minutes thereof. The SDH\30447.0001\361335.2 6/7/2007 -7- Packet Page 1901 Secretary shall file all such waivers, consents and approvals with the Association's records or make them a part of the Minutes of the meeting. 2.12. Action Without Meeting. The Board may act without a meeting if all Directors consent in writing to such action. Written consents must be filed with the minutes of the Board. Each action by written consent has the same effect as a unanimous vote of such Directors. Within three (3) days after the written consents of all Directors have been obtained, an explanation of any action taken by unanimous written consent without a meeting must be either (a) posted by the Board in a prominent place or places in the Association Property, or (b) communicated to the Owners by other means the Board determines to be appropriate. 2.13. Quorum and Adjournment. Except as otherwise expressly provided in these Bylaws, at all meetings of the Board, a majority of the Directors constitutes a quorum for the transaction of business, and the acts of a majority of the Directors present at a meeting at which a quorum is present are the acts of the Board. At any meeting of the Board when less than a quorum present, the majority of those present may adjourn the meeting to another time. At any such reconvened meeting, any business which might have been transacted at the meeting as originally called may be transacted without further notice if a quorum is present. 2.14. Committees. The Board may by resolution establish such committees as it desires, and may establish the purposes and powers of each such committee created. The resolution establishing the committee must (a) provide for the appointment of its members and a chairman, (b) state the purposes of the committee, and (c) provide for reports, termination and other administrative matters as the Board considers appropriate. ARTICLE III OFFICERS 3.1. Designation. The Association's principal officers are a President, a Vice President, a Secretary, and a Treasurer, all elected by the Board. The Board may appoint an Assistant Treasurer, an Assistant Secretary and such other officers as it determines to be necessary. Officers other than the President need not be Directors. Any person may hold more than one office. 3.2. Election of Officers. The Board shall annually elect the Association's officers at the new Board's organization meeting. Each officer shall hold his office at the pleasure of the Board, until he resigns or is removed, is otherwise disqualified to serve or a successor is elected and qualified to serve. 3.3. Removal of Officers. On an affirmative vote of a majority of the entire Board, any officer may be removed, either with or without cause, and a successor elected at any meeting of the Board. Any officer may resign at any time by giving written notice to the Board or to the President or Secretary. Any such resignation is effective on the date of receipt of such notice or at any later time specified therein. Unless specified in the notice, acceptance of the resignation by the Board is not necessary to make it effective. 3.4. Compensation. No officer may receive any compensation for services performed in the conduct of the Association's business unless such compensation is approved by the vote or SDH\30447.0001\361335.2 6/7fl.007 -8- Packet Page 1902 written consent of Owners representing at least a majority of the Association's voting power; however (a) nothing in these Bylaws precludes any officer from serving the Association in some other capacity and receiving compensation therefor, and (b) any officer may be reimbursed for actual expenses incurred in the performance of Association duties. Appointment of any officer does not create contractual rights of compensation for services performed by such officer. No officer, employee or director of Declarant or any affiliate of Declarant may receive any compensation for service as an officer of the Association.· 3.5. President. The President is the chief executive officer of the Association and shall (a) preside at all Association and Board meetings, (b) have the general powers and duties which are usually vested in the office of the President of a corporation, including but not limited to the power to appoint committees ·from among the Owners as the President decides is appropriate to assist in the conduct of the Association's affairs, and (c) subject to the control of the Board, have general supervision, direction and control of the Association's business. The President is ex officio a member of all standing committees and has such other powers and duties as may be prescribed by the Board or these Bylaws. 3.6. Vice President. The Vice President shall take the President's place and perform the President's duties whenever the President is absent, disabled, fails or refuses to act. If neither the President nor the Vice President is available to perform the President's duties, the Board shall appoint another member of the Board to do so on an interim basis. The Vice President has such other powers and duties as may be prescribed by the Board or these Bylaws. 3.7. Secretary. The Secretary shall (a) keep the Minutes of all meetings of the Board and of the Association at the Association's principal office or at such other place as the Board may order, (b) keep the Association's seal in safe custody, (c) have charge of such books and papers as the Board may direct, ( d) in general, perform the duties incident to the office of Secretary, (e) give, or cause to be given, notices of meetings of the Owners and of the Board required by these Bylaws or by law to be given, (f) keep a record book of Owners, listing the names, mailing addresses and telephone numbers of Owners, as furnished to the Association ("Membership Register"), and (g) record in the Membership Register the termination or transfer of ownership by any Owner, together with the date of the transfer. The Secretary has such other powers and duties as may be prescribed by the Board or these Bylaws. 3.8. Treasurer. The Treasurer is the Association's chief financial officer and is responsible for Association funds. The Treasurer shall (a) keep, or cause to be kept, full and accurate accounts and tax and business records of the Association, including accounts of all assets, liabilities, receipts and disbursements, (b) be responsible for the deposit of all funds in the name of the Association in such depositories as the Board designates, (c) disburse the Association's funds as ordered by the Board, and ( d) render to the President and Directors, on request, an account of all transactions as Treasurer and of the Association's financial condition. The Treasurer has such other powers and duties as may be prescribed by the Board or these Bylaws. SDH\30447.0001\361335.2 6/7/2007 -9- Packet Page 1903 ARTICLE IV OWNERS 4.1. Voting Rights. The Association has three (3) classes of voting Membership, as described in the Declaration. 4.2. Majority of Quorum. Unless otherwise provided in the Restrictions, any action which may be taken by the Association may be taken by a majority of a quorum of the Owners. 4.3. Quorum. Except as otherwise provided in these Bylaws, the presence in person, by proxy or by ballot pursuant to California Civil Code Section 1363 .03(b) of at least twenty-five percent (25%) of the Association's voting power constitutes a quorum of the Membership. Owners present at a duly called or held meeting at which a quorum is present may continue to do business until adjournment, despite the withdrawal of enough Owners to leave less than a quorum, if any action taken ( other than adjournment) is approved by at least a majority of a quorum. If a meeting is actually attended, in person, by proxy or by ballot pursuant to California Civil Code Section 1363.03(b), by Owners having less than one-third (1/3) of the Association's voting power, then no matter may be voted on except matters which were generally described in the notice of the meeting. No action by the Owners on any matter is effective if the votes cast in favor are fewer than the minimum number of votes required by the Restrictions to approve the action. 4.4. Proxies. Except as provided below, votes may be cast in person, by proxy or by written ballot pursuant to California Civil Code Section 1363.03. Proxies must be in writing and filed with the Secretary in advance of each meeting. Every proxy is revocable and automatically ceases after completion of the meeting for which the proxy was filed. Any form of proxy or written ballot distributed by any Person to the Owners must afford the opportunity to specify a choice between approval and disapproval of each matter or group of matters to be acted on, except it is not mandatory that a candidate for election to the Board be named in the proxy or written ballot. The proxy or written ballot must provide that, when the Owner specifies a choice, the vote shall be cast in accordance with that choice. The proxy must also identify the person authorized to exercise the proxy and the length of time it will be valid. No proxy is valid with respect to a vote on any matter described in Section 7613(g) of the California Corporations Code unless the general nature of the proposal was described in the proxy. Proxies may not be used in connection with voting in any election regarding those subjects specified in California Civil Code Section 1363.03(b). 4.5. Place of Meetings of Owners. Meetings of the Owners shall be held on the Properties, or such other suitable place as proximate thereto as practical and convenient to the Owners, as designated by the Board. 4.6. Annual Meetings of Owners. The first annual meeting of Owners shall be held within six (6) months after the Close of Escrow for the sale of the first Lot or Condominium in the Properties. Thereafter, the annual meetings shall be held on or about the anniversary date of the first annual meeting. Each first Mortgagee may designate a representative to attend all annual meetings. SDH\30447.0001\361335.2 6/7/2007 -10- Packet Page 1904 4.7. Special Meetings of Owners. The Board shall call a special meeting of the Owners (a) as directed by resolution of a majority of a quorum of the Board, (b) by request of the President of the Association, or ( c) on receipt of a petition signed by Owners representing at least five percent (5%) of the Association's total voting power. The Secretary shall give notice of any special meeting within twenty (20) days after adoption of such resolution or receipt of such request or petition. The notice must state the date, time and place of the special meeting and the general nature of the business to be transacted. The special meeting must be held not less than thirty-five (35) nor more than ninety (90) days after adoption of such resolution or receipt of such request or petition. No business may be transacted at a special meeting except as stated in the notice. Each first Mortgagee may designate a representative to attend all special meetings. 4.8. Notice. The Secretary shall send to each Owner of record, and to each first Mortgagee who has filed a written request for notice with the Secretary, a notice of each annual or special meeting. The notice must be sent by first-class mail, at least ten (10) but not more than thirty (30) days before the meeting. The notice must state the purpose for the meeting as well as the day, hour and place where it is to be held. The notice may establish time limits for speakers and nominating procedures for the meeting. The notice must specify those matters the Board intends to present for action by the Owners, but, except as otherwise provided by law, any proper matter may be presented for action at the meeting. The notice of any meeting at which Directors are to be elected must include the names of all nominees when the notice is given to the Owners. The mailing of a notice, postage prepaid, in the manner provided in this Section, shall be considered notice served, forty-eight ( 48) hours after the notice has been deposited in a regular depository of the United States mail. Such notice must be posted in a conspicuous place on the Association Property and is deemed served on an Owner on posting if no address for such Owner has been then furnished to the Secretary. Notwithstanding any other provision of these Bylaws, approval by the Owners of any of the following proposals, other than by unanimous approval of those Owners entitled to vote, is not valid unless the general nature of the proposal was stated in the notice or in any written waiver of the notice: (a) removing a Director without cause; (b) filling vacancies on the Board; ( c) approving a contract or transaction between the Association and one or more Directors, or between the Association and any entity in which a Director has a material financial interest; (d) amendment of the Articles; or (e) electing to wind up and dissolve the Association. 4.9. Record Dates. The Board may fix a date in the future as a record date for determining which Owners are entitled to notice of any meeting of Owners. The record date so fixed must be not less than ten ( 10) nor more than sixty ( 60) days before the date of the meeting. If the Board does not fix a record date for notice to Owners, the record date for notice is the close of business on the business day preceding the day on which notice is given. In addition, the Board may fix a date in the future as a record date for determining the Owners entitled to vote at any meeting of Owners. The record date so fixed must be not less than ten ( 10) nor more than sixty (60) days before the date of the meeting. If the Board does not fix a record date for determining Owners entitled to vote, Owners on the day of the meeting who are otherwise eligible to vote are entitled to vote at the meeting. 4.10. Adjourned Meetings. If a quorum is not present at the time and place established for a meeting, a majority of the Owners who are present, either in person, by proxy or SDH\30447.0001\361335.2 6/7(1.007 -11- Packet Page 1905 by ballot pursuant to California Civil Code Section 1363.03(b), may adjourn the meeting to a time not less than five (5) nor more than thirty (30) days from the original meeting date, at which meeting the quorum requirement is the presence in person, by proxy or by ballot pursuant to California Civil Code Section 1363.03(b) of Owners holding at least twenty-five percent (25%) of the Association's voting power. Such an adjourned meeting may be held without the notice required by these Bylaws if notice thereof is given by announcement at the meeting at which such adjournment is taken. 4.11. Order of Business. Meetings of Owners must be conducted in accordance with a recognized system of parliamentary procedure or such parliamentary procedures as the Association may adopt. The order of business at all meetings of the Owners is as follows: (a) roll call to determine the voting power represented at the meeting; (b) proof of notice of meeting or waiver of notice; ( c) reading of minutes of preceding meeting; ( d) reports of officers; ( e) reports of committees; (t) election of Directors (at annual meetings or special meetings held for such purpose); (g) unfinished business; and (h) new business. 4.12. Action Without Meeting. Except for election of Directors, any action not subject to California Civil Code Section l 363.03(b) which may be taken at a meeting of the Owners may be taken without a meeting by written ballot of the Owners. Ballots must be solicited in the same manner as provided in these Bylaws for giving of notice of meetings to Owners. Such solicitations must specify (a) the number of responses needed to meet the quorum requirements, (b) the percentage of approvals necessary to approve the action, and ( c) the time by which ballots must be received to be counted. The form of written ballot must afford an opportunity to specify a choice between approval and disapproval of each matter and must provide that, where the Owner specifies a choice, the vote shall be cast in accordance therewith. Receipt within the time period specified in the solicitation of (i) ballots which equal or exceed the quorum which would be required if the action were taken at a meeting, and (ii) approvals which equal or exceed the number of votes which would be required for approval if the action were taken at a meeting at which the total number of votes cast was the same as the total number of ballots cast, constitutes approval by written ballot. 4.13. Consent of Absentees. The actions taken at any meeting of Owners, however called and noticed, are valid as though taken at a meeting duly held after regular call and notice, . if (a) a quorum is present either in person, by proxy or by ballot pursuant to California Civil Code Section 1363.03(b), and (b) either before or after the meeting, each of the Owners not present in person, by proxy or by ballot pursuant to California Civil Code Section 1363.03(b) signs (i) a written waiver of notice, (ii) a consent to the holding of such meeting, or (iii) an approval of the minutes thereof. The Secretary shall file all such waivers, consents or approvals with the corporate records or make them a part of the minutes of the meeting. 4.14. Minutes, Presumption of Notice. Minutes or a similar record of the proceedings of meetings of Owners, when signed by the President or Secretary, shall be presumed truthfully to evidence the matters described therein. A recitation in the Minutes executed by the Secretary that proper notice of the meeting was given constitutes prima facie evidence that such notice was gtven. SDH\30447.0001\361335.2 6/7/2007 -12- Packet Page 1906 4.15. Inspector of Election. Prior to any meeting of Owners, the Board shall appoint an inspector of election for that meeting in accordance with California Civil Code Section l 363.03(c). There shall be at least one (1) inspector of election. Any report or certificate of the inspector of election is prima facie evidence of the matters stated therein. An inspector of election does not have to be an Owner. If the Board does not appoint an inspector of election or if an inspector fails to appear at a meeting, the chairman of the meeting of Owners may appoint the inspector of election. If the chairman fails to appoint the inspector of election, then any Owner may request that the inspector of election be appointed. If an Owner makes such a request, then the inspector of election shall be elected by Owners representing a majority of the Owners present. In case of an action to be taken by the Owners by written ballot, the Board shall also appoint an inspector of election to count the ballots in accordance with Section 1363.03 of the California Civil Code. The results of the election shall be promptly reported to the Board, recorded in the minutes of the next meeting of the Board and made available for review by Owners. Within fifteen (15) days, the Board shall publicize the results of the election in a communication directed to all Owners. The inspector of election shall (a) determine the number of Memberships outstanding and the voting power of each, (b) the number of Owners represented at the meeting and the existence of a quorum, (c) the authenticity, validity and effect of proxies, (d) receive votes, ballots or consents, (e) hear and ·determine all challenges and questions in any way arising in connection with the right to vote, (f) count and tabulate all votes or consents, (g) determine when the polls shall close, (h) determine the results of the election, and (i) do such acts as may be proper to conduct the election or vote, with fairness to all Owners in accordance with Section 1363.03(c) of the California Civil Code. The inspector of election shall perform his/her duties impartially, in good faith, to the best of his/her ability and as expeditiously as is practical. ARTICLE V AMENDMENTS These Bylaws may be amended by the vote or written consent of Owners representing at least (a) a majonty of the voting power of each class of the Owners, and (b) a majority of the Association's voting power represented by Owners other than Declarant; provided that the specified percentage of each class of Owners necessary to amend a specific provision of these Bylaws may not be less than the percentage of affirmative votes prescribed for action to be taken under that provision. These Bylaws may be amended by a majority of the entire Board, (i) at any time before the Close of Escrow for the sale of the first Lot or Condominium, or (ii) if the amendment is within the Board's power to adopt without Owner approval pursuant to the California Corporations Code and either (a) the proposed amendment conforms the Bylaws to California law or (b) the proposed amendment corrects a typographical error in the Bylaws. ARTICLE VI MISCELLANEOUS 6.1. Checks, Drafts and Documents. All checks, drafts, orders for payment of money, notes and other evidences of indebtedness issued in the name of or payable to the Association must be signed or endorsed in the manner and by the person or per.sons the Board designates by resolution. SDH\30447.0001\361335.2 6/7/2007 -13- Packet Page 1907 6.2. Conflicts. If any of these Bylaws conflict with any laws of the State of California, such conflicting Bylaws shall be void on final court detennination to such effect, but all other Bylaws shall remain in full force. In case of any conflict between the Articles of Incorporation and these Bylaws, the Articles of Incorporation shall control. In case of any conflict between the Declaration and these Bylaws, the Declaration shall control. 6.3. Execution of Documents. The Board may authorize any officer or officers, agent or agents to enter into any contract or execute any instrument in the name and on behalf of the Association. Such authority may be general or confined to specific instances. Unless so authorized by the Board, no officer, agent, committee member or employee may bind the Association by any contract or pledge its credit or render it liable for any purpose in any amount. 6.4. Availability of Association Documents. 6.4.1 Records To Be Maintained. The Association shall keep at its principal office (or at such other place in or near the Properties as the Board may prescribe) (a) the Restrictions and (b) any documents or items (i) defined under Section 1365.2 of the California Civil Code as "association records" and "enhanced association records" or (ii) required to be kept pursuant to any other applicable provision of the California Civil Code and the California Corporations Code (collectively, the "Association Documents'), each of which shall be made available for inspection and copying by any Owner or the Owner's duly appointed representative for a purpose reasonably related to the Owner's interest as an Owner, all in accordance with applicable provisions of the California Civil Code and California Corporations Code. 6.4.2 Limits on Availability. The Board may establish reasonable rules regarding (a) notice to be given to the custodian.of the Association Documents by the Owner desiring to make the inspection, (b) hours and days of the week when such an inspection may be made, and (c) payment of the cost of copying any of the Association Documents requested by an Owner; provided that every Director may at any reasonable time inspect all Association Documents and the physical properties owned or controlled by the Association, and make extracts and copies of documents. 6.4.3 Time of Availability. The minutes, minutes that are proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any meeting of the Board (other than an executive session) must be available to Owners within thirty (30) days of the meeting. The minutes, proposed minutes or summary minutes must be distributed to any Owner on request and on reimbursement of the Association's cost in making that distribution. 6.4.4 Distribution to Owners. No later than ten (10) days after the Association receives written request from any Owner, the Association shall provide to that Owner a copy of each of the documents listed in California Civil Code Section 1368(a) that have been requested by the Owner. Owners must be notified in writing when the budget required in Section 2.10.1 is distributed or at the time of any general mailing to the entire Association Membership of their right to have copies of the minutes of meetings of the Board and how and where those minutes may be obtained. SDH\30447.0001\361335.2 6/7/2007 -14- Packet Page 1908 6.5. Fiscal Year. The Board shall select the Association's Fiscal Year. The Fiscal Year is subject to change as the Board determines. ARTICLE VII NOTICE AND HEARING PROCEDURE 7 .1. Initial Complaint. Persons who believe a violation of the Restrictions has occurred may file a complaint with a Person designated by the Board on a form approved by the Board. The Board will commence the enforcement process. In its discretion, the Board may issue one or two violation letters to the Person alleged to have committed the violation ("respondent") or set a hearing described in Section 7.2 below. The Board may direct the Manager to assist the Board in any of the steps the Board chooses to talce in enforcing the Restrictions except that decisions made at hearings must be made by the Board. 7 .2. Scheduling Hearings. A hearing before the Board to determine whether a sanction should be imposed may be initiated by the Board after receipt of at least one complaint. To initiate a hearing, the Board must deliver to the respondent a notice which includes the following: • 7.2. l Complaint. A written statement setting forth in ordinary and concise language the acts or omissions with which the respondent is charged, 7.2.2 Basis for Violation. A reference to the specific provisions of the Restrictions which the respondent is alleged to have violated, 7.2.3 Hearing Schedule. The date, time and place of the scheduled hearing, 7 .2.4 Sanctions. A list of sanctions which may be imposed at the hearing. The date for the hearing may be no less than fifteen (15) days after the date the notice of hearing is mailed or delivered to the respondent. The respondent is entitled to attend the hearing, submit a statement of defense to the Board in advance of the hearing, or present a statement of defense and supporting witnesses at the hearing. If the respondent does not attend the hearing, the respondent waives these rights. 7 .3. Conduct of Hearing. The Board shall conduct the hearing in executive session, affording the respondent a reasonable opportunity to be heard. Prior to· the effectiveness of any sanction hereunder, proof of notice and the invitation to be heard must be placed in the minutes of the meeting. Such proof is adequate if a copy of the notice together with a statement of the date and manner of delivery is entered by the Association officer or Board member who mailed or delivered such notice. The record of the meeting must contain a written statement of the results of the hearing and the sanction, if any, imposed. 7 .4. Imposition of Sanctions. After affording the respondent an opportunity for a hearing before the Board, the Board may impose any one or more of the following sanctions: (a) levy a Special Assessment as authorized in the Declaration; (b) suspend the respondent's voting privileges established under the Declaration; (c) enter upon a Lot or Condominium to perform maintenance which, according to the Declaration, is the responsibility of the respondent; or ( d) SDH\30447.0001\361335.2 6/7/2007 -15- Packet Page 1909 record a notice of noncompliance if allowed by law. Any suspension of Membership privileges may not be for a period of more than _thirty (30) days for any noncontinuing infraction, but in the case of a continuing infraction (including nonpayment of any assessment after the same becomes delinquent) may be imposed for so long as the violation continues. Written notice of any sanctions to be imposed must be delivered to the respondent personally via first class mail within fifteen (15) days following the date of the decision to impose the sanction. No action against the respondent arising from the alleged violation may take effect prior to five (5) days after the hearing. 7.5. Limits on Remedies. The Board's failure to enforce the Restrictions does not waive the right to enforce them. The remedies provided by the Restrictions are cumulative and not exclusive. However, any individual Owner must exhaust all available internal Association remedies prescribed by the Restrictions before that Owner may resort to a court of law for relief with respect to any alleged violation of the Restrictions by another Owner. SDH\30447.0001\361335.2 6n/2007 -16- Packet Page 1910 CERTIFICATE OF SECRETARY I, the undersigned, certify that: 1. I am the duly elected and acting Secretary of WATERMAN BUSINESS CENTER ASSOCIATION, a California nonprofit corporation ("Association"); and 2. The foregoing Bylaws comprising 17 pages including this page constitute the Bylaws of the Association duly adopted by Consent of Directors in Lieu of First Meeting dated J:1.A.MC-: \ 2-, 2007. IN WITNESS WHEREOF, I have hereunto subscribed my hand and affixed the seal of the Association this \'2..-tl-day of UJ..lMee-, 2007 . • (SEAL) SDH\30447.0001\361335.2 6/7/2007 -17- Packet Page 1911 Recorded In Official Records, County of San Bernardi no RECORDING REQUESTED BY: ~-_ LARRY WALKER ~S,.~'§ Auditor/Controller -Recorder 6/27/2007 8:00 AM MD LandAmerica Commercial Services 9 803 LandAmerica Commonwealth Doc#: 2007 -0380258 Titles: 1 Pages: 23 WHEN RECORDED, MAIL TO: DZIDA, CAREY & STEINMAN (SDH) 3 Park Plaza, Suite 750 Irvine, CA 92614 II I I I I I I II I I I I I Fees Taxes Other PAIO 74.00 0.00 0.00 $74.00 (Space Above For Recorder's Use) SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS FOR WATERMAN BUSINESS CENTER (LOTS 1 AND 2) SDH\30447.0001\36273l.4 6/7/2007 Packet Page 1912 THIS SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS ("Declaration') is made by WA TERMAN BP, LLC, a California limited liability company ("Declarant'). A. Declarant is the owner of certain real property in the City of San Bernardino, County of San Bernardino, State of California, more particularly described as ("Condominium Properties') follows: The "Units," "Association Property," and "Common Area" as defiped in 2) and shown on the Condominium Plan lof-1., f ~ d/'"!nl~-r 17/~ /~ tJ f' recorded on ~ne.pl 7, 2007, as Instrument No -.:Joo7, ~?tJ";{f Official Records of San Bernardino County, California. Such Condominium Plan covers Lots I and 2 of Tract No. 18083, as shown on a subdivision map on file in Book 3 2-'I Pages 2'1 to 32., inclusive, of Maps, in the Office of the San Bernardino County Recorder. -B. Concurrently herewith, Declarant is recording in the Official Records of San Bernardino County, California, that certain Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Waterman Business Center ("Declaration'). The Declaration, which is incorporated herein by this reference, covers the Condominium Properties and other real property more particularly described therein. This Supplemental Declaration establishes covenants, conditions, restrictions and easements applicable to the Condominium Properties which are in addition to those established under the Declaration. C. Declarant declares all of the Condominium Properties shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the easements, restrictions, covenants, conditions and equitable servitudes contained in this . Supplemental Declaration, all of which are for the purpose of preserving and protecting the value, attractiveness and desirability of the Condominium Properties, in furtherance of a comprehensive plan for the protection, maintenance, subdivision, improvement use and sale of the Condominium Properties, or any portion thereof. The covenants, conditions, restrictions, reservations, easements, equitable servitudes, liens and charges set forth herein shall (I) run with the Condominium Properties; (2) be binding upon all persons having any right, title or interest in the Condominium Properties, or any part thereof, their heirs, successive owners and assigns; (3) inure to the benefit of every portion of the Condominium Properties and any interest therein; (4) inure to the benefit of and be binding upon Declarant and their successive owners and each Condominium Owner within the Condominium Properties and his or her respective successors­ in-interest; and (5) may be enforced by Declarant, any Condominium Owner or the Association. 1. Defined Terms. Capitalized terms used but not defined in this Supplemental Declaration shall have the meanings assigned to such terms in the Declaration. The following words and phrases when used in this Supplemental Declaration shall have the meanings hereinafter specified. 1 ·.1 Building Structure and Systems. Building Structure and Systems means the structural portions of the buildings in which the Condominiums are located and/or the SDH\30447.0001\362731.4 6/7/2007 -1- Packet Page 1913 mechanical, electrical, life safety and plumbing systems and components but excluding the HV AC systems serving individual Condominium Units. -1.2 City Easement Deed. City Easement Deed means the Easement Deed and Agreement between Declarant and the City of San Bernardino recorded in the Official Records of San Bernardino County, California, on Oet: ~ , 2006, as Instrument No. 2.00'1·0"8h03S . Declarant's obligations under the City Easement Deed have been or will be assigned to the Association. 1.3 Common Wall. Common Wall means any wall separating one Condominium Unit from an adjacent Condominium Unit. The cost incurred by the Association in repairing any Common Wall shall, subject to Sections 5.3 and 6.1 of the Declaration, be borne equally by the Condominium Owners of the Condominium Units separated by such Common Wall. 1.4 Condominium Association Property. Condominium Association Property means the property and Improvements described in Exhibit "l" attached hereto. 1.5 Condominium Owner. Condominium Owner means the Owner of a Condominium Unit within the Condominium Properties. 1.6 Design Committee. Design Committee means the committee established pursuant to Section IO below. I . 7 Design Committee Rules. Design Committee Rules means the Design Committee design standards, procedures, rules and guidelines which may be adopted by the Board, as amended from time to time. 2. Designation of Additional Association Property. The Condominium Association Property is hereby designated as "Association Property" under the Declaration, subject to the covenants, conditions, restrictions, easements and other terms set forth in this Supplemental Declaration. 3. Condominium Owners Rights of Enjoyment. Every Condominium Owner and, to the extent permitted by such Condominium Owner pursuant to the Restrictions, its Owner Representative(s), shall have a right of ingress and egress and of enjoyment in, to and over the Condominium Association Property which shall be appurtenant to and shall pass with title to every Condominium Unit, subject to the Association's right to exercise exclusive jurisdiction over and control of the Condominium Association Property. Owners of Lots 3 through 12 of Tract No. 18083 shall not have the right to use the Condominium Association Property. 4. Condominium Owner Easements over Loading and Parking Areas Adjacent t9 Condominium Buildings. Exhibit "2" hereto generally depicts the "Loading and Parking Area" adjacent to the buildings containing the Condominium Units. Declarant hereby reserves to itself, and every Condominium Owner and their respective Owner Representatives and successors the exclusive right to use that portion of the Loading and Parking Area adjacent to such Condominium Owner's Condominium Unit for loading purposes and parking purposes, subject to such Condominium Owner's compliance with all applicable requirements of the City SDH\30447.0001\362731.4 6nl2007 -2- Packet Page 1914 and the Restrictions. No Condominium Owner shall interfere with the reasonable use of or access to the portion of the Loading and Parking Area adjacent to any other Condominium Owner's Condominium Unit. 5. Easement for HV AC Units of Condominium Units. Declarant hereby reserves, for the benefit of each Condominium Owner, an easement for the maintenance, repair, replacement and operation over those portions of the Condominium Association Property on which Declarant has installed heating, ventilation and air conditioning systems serving each Condominium Unit. This easement is appurtenant to and passes with title to each Condominium Unit. This easement is subject to the restrictions, rights and other easements in the Restrictions. 6. Use Restrictions. 6.1 Prohibited Uses. No part of the Condominium Properties shall be used or caused to be allowed or authorized in any way for any purpose not authorized for the Condominium Properties by the zoning ordinances, special use permit(s), planned industrial permit(s) and other governmental regulations applicable to the Condominium Properties. No portion of the Condominium Properties shall be used for any permanent or temporary residential purposes. No part of the Condominium Properties shall be used for the display, manufacture, production, duplication, distribution or sale of what is commonly referred to as "pornographic," "obscene," and/or "adult" material. No rubbish or debris of any kind may be placed or permitted to accumulate anywhere within the Condominium Properties, and no odor may be permitted to arise therefrom so as to render the Condominium Properties or any portion thereof unsanitary, unsightly, or offensive from any public or private street or from any Condominium Unit in the vicinity thereof or to its occupants. No noise, odor, vibration or other nuisance shall be permitted to exist upon or emanate from any portion of the Association Property or any Condominium Unit within the Condominium Properties so as to be offensive or detrimental to any other Condominium Unit in the Condominium Properties or to any Condominium Owner or its Owner Representative. The Board is entitled to determine if any noise, odor, or activity producing such noise or odor constitutes a nuisance. Each Condominium Owner shall comply with all requirements of the local or state health authorities and with all other applicable governmental ordinances regarding occupancy and use of a Condominium Unit. Each Condominium Owner is accountable to the Association and other Owners for the conduct and behavior of Owner Representatives. Any damage to the Association Property, personal property of the Association, or property of another Owner caused by such Persons, shall be repaired at the sole expense of the Condominium Owner of the Condominium Unit where such Persons are working or visiting. 6.2 No Outside Storage. No outside portions of the Condominium Association Property (including Loading and Parking Area) shall be used for the storage of goods or materials. 7. Maintenance of Condominium Units. 7.1 Owner Maintenance. Each Condominium Owner shall maintain, at its sole expense, such Condominium Owner's Condominium Unit, including all windows (including glass, frame, weather stripping, panes and sheathing), doors (including hardware, weather- SDH\3044 7.000I\362731.4 6n/2007 -3- Packet Page 1915 proofing, sheathing, frame and any glass), light fixtures actuated from switches controlled from, or separately metered to, such Condominium Unit, and the interior surfaces of the walls, ceilings, floors and fixtures, in a clean, sanitary and attractive condition, in accordance with the Condominium Plan and the original construction design of the Improvements in the Condominium Properties and Restrictions. However, no utility systems, Common Wall or other portions of the Building Structure and Systems may be pierced or otherwise altered or repaired without approval from the Design Review Committee. Each Condominium Owner shall, at its sole expense, keep the portion of the Loading and Parking Area adjacent to such Condominium Owner's Unit in good condition and repair, clean and free from debris. However, the Association (as provided in Section 8.1 below) shall be responsible for the resurfacing of paved portions of the Loading and Parking Area unless such resurfacing is required due to the negligence, willful misconduct or excessive use of such paved portion of the Loading and Parking Area by such Condominium Owner or its Owner Representatives. 7 .2 Association Right to Maintain. If an Condominium Owner fails to perform any maintenance, repair or installation required by this Article, the Association or its delegates may, but shall not be obligated to, cause such maintenance, repair and installation to be accomplished in accordance with the following: (a) upon finding by the Board of a deficiency in such maintenance, repair or installation, the Board shall give notice of such deficiency to the Condominium Owner (however in the case of immediate risk of injury to persons or serious damage to property no such notice shall be required); (b) the Condominium Owner shall have no more than thirty (30) days ( "Period") following the receipt thereby of written notice of such election from the Board or such committee to select a day or days upon which such maintenance, repair or installation work shall be accomplished; ( c) the date which said Condominium Owner selects to cure the deficiency shall be no more than thirty (30) days from the end of the Period, or a reasonable time thereafter if such deficiency cannot be readily cured within such time; ( d) unless the Condominium Owner and the Board otherwise agree, such maintenance or installation to cure the deficiency shall take place only during daylight hours on any day, Monday through Friday, excluding holidays; and (e) if the Association pays for all or any portion of such maintenance or installation, such amount shall be a Special Assessment against the affected Condominium Owner and its Condominium Unit. The Association shall also have the right to require that the Condominium Owner cure any deficiencies in maintenance of such Condominium Owner's Condominium Unit and/or the Improvements located thereon. 8. Additional Maintenance Funds; Assessments. 8.1 Condominium Association Property Operating Fund. The Board shall Budget, establish and maintain a Condominium Association Property Operating Fund for current expenses of the Condominium Association Property. Disbursements from the Condominium Association Property Operating Fund shall be made solely for the purpose of funding the current operating Common Expenses of the Condominium Association Property. Unless otherwise approved by a majority of the voting power of the Condominium Owners, any excess funds remaining in the Condominium Association Property Operating Fund, over and above the amounts used for the operation of the Condominium Association Property, shall be used to reduce the following year's "Condominium Assessment Component" (defined below). SDH\30447.0001\362731.4 6/7/2007 -4- Packet Page 1916 8.2 Condominium Assessment Component. Common Assessments levied against the Condominium Owners and their respective Condominium Units shall be comprised of (a) that portion of the Common Expenses of the Association comprising Condominium Association Property Operating Funds and other Maintenance Funds (if any) Budgeted to the Condominium Association Property ("Condominium Assessment Component'); and (b) the Common Assessments established under the Declaration. The Condominium Assessment Component shall be allocated solely among the Condominium Owners based on the percentage share of Condominium Common Expenses set forth in Exhibit "3" hereto. 8.3 Capital Improvement Assessments. A Capital Improvement Assessment with respect to Condominium Association Property Improvements shall require a majority of votes at a meeting or written ballot of the Condominium Owners at which more than fifty percent (50%) of the total voting power attributable to Condominium Units is represented. Notwithstanding the foregoing, the Board may levy in any fiscal year a Capital Improvement Assessment applicable to that fiscal year without the vote of the Members if such Capital Improvement Assessment is necessary for addressing a Capital Improvement necessary to address an imminent threat to property or the safety of persons within the Condominium Properties. 8.4 Reconstruction Assessment. A Reconstruction Assessment for the Condominium Association Property shall be assessed only against the Condominium Owners (in the same proportion as the Condominium Assessment Component). 9. Additional Association Powers and Duties. 9.1 Commonly Metered Utilities. The Association shall have the power and duty to (a) obtain commonly metered utility services necessary for the Condominium Units (as part of the obligations pertaining to the Condominium Association Property), and (b) maintain the sewer and water lines (including laterals) within the Condominium Properties for the benefit of the Condominium Owners (as part of the obligations pertaining to the Condominium Association Property). If at any time the Association determines that any Condominium Owner and/or its Owner Representatives is using a disproportionate amount of any commonly metered utilities, then the Association may levy a Special Assessment against such Condominium Owner and its Condominium in an amount equal to the increased costs incurred by the Association for the disproportionate use. If the Association determines that any repair or maintenance of a sewer and/or water line (including a lateral) was required as a result the acts of a Condominium Owner or its Condominium Owner Representatives, then the Association may levy a Special Assessment against such Condominium Owner and its Condominium in an amount equal to the costs incurred by the Association for the applicable repair or maintenance. 9.2 Rights of Entry and Enforcement. The power, but not the duty, after Notice and Hearing, to enter any Condominium Unit (forty-eight (48) hours after delivery of advance written notice to the Condominium Owner of the Condominium Unit of such entry including the reasons therefore, with the exception of circumstances involving immediate risk of injury to persons or serious damage to property in which case the right of entry shall be immediate) or Association Property without being liable to any Condominium Owner for the purpose of enforcing by peaceful means the Restrictions or for the purpose of maintaining or SDH\30447.0001\36273l.4 6/7/2007 -5- Packet Page 1917 repairing the Association Property and/or performing maintenance of any Condominium Unit or the Improvements located thereon where the Condominium Owner fails to do so; provided that no items of construction on any such Condominium Unit or Condominium Association Property may be altered or demolished except pursuant to judicial proceedings. The cost of any enforcement action or any maintenance and repair completed in compliance with these provisions is the responsibility of the Condominium Owner and may be assessed against the responsible Condominium Owner as a Special Assessment. The responsible Condominium Owner shall pay promptly all amounts due for such work, and the costs and expenses of collection. The Association may also commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of the Restrictions by the Condominium Owner of any Condominium Unit and its Owner Representatives and to enforce, by mandatory injunctions or otherwise, all of the provisions of the Restrictions. If an action is brought by the Association, the prevailing party is entitled to recover reasonable attorneys' fees. 9 .3 Condominium Association Traffic and Parking Rules and Regulations. The Board is empowered to establish restricted "visitor parking," temporary and/or "no parking," areas within parking improvem_ents located on the Condominium Association Property in accordance with Section 22658 and Section 22658.2 of the California Vehicle Code, or any similar statute hereafter enacted, as well as to enforce these parking limitations. The Board is also empowered to establish one-way traffic limitations for all or any portion of the drive aisles within the Condominium Association Property. 9 .4 Fire Alarm Monitoring; Service Contracts. The Association shall have the power and duty to contract for fire alarm monitoring services and equipment for the Condominium Association Property and the power to enter into such other services contracts as are necessary or appropriate for services provided to the Condominium Association Property. 10. Design Review. No Construction Activity (defined below) may be commenced or maintained within the Condominium Properties until the plans and specifications therefor showing the nature, design, kind, shape, height, width, color, materials, location and other aspects of the same have been submitted to the Design Committee and approved in writing by the Design Committee in accordance with Section 4.6 of the Declaration and the additional criteria and conditions set forth in this Section 10. The term "Construction Activity(ies)" shall mean any alteration, addition, installation, modification, construction, or reconstruction of any Improvement that would in any way affect the Building Structure and Systems; the exterior of the Condominium Unit and/or any Common Wall between Condominium Units whether or not any of the same are externally visible. 10.1 Membership; Appointment. The Design Committee shall consist of three (3) members. Members of the Design Committee may be removed at any time without cause by the Person appointing such member as provided herein. Unless changed by resolution of the Board, the address of the Design Committee for all purposes, including the submission of plans for approval, is the principal office of the Association as designated by the Board pursuant to the Bylaws. Dec.larant may appoint and remove a majority of the members of the Design Committee, which appointees need not be Members of the Association, until the date on which Declarant no longer owns a Lot or Condominium Unit. The Board may appoint and remove those members of the Design Committee which Declarant is not authorized to appoint until such S DH\3044 7 .000 I \362731.4 6/712007 -6- Packet Page 1918 time as Declarant's rights of appointment shall have expired, and thereafter the Board may appoint and remove all members of the Design Committee. Design Committee members appointed by the Board must be Condominium Owners (or agents of Condominium Owners) at all times during their service on the Design Committee, and shall serve for a term of one (I) year or until their respective successors are appointed. 10.2 Design Committee Rules. The Board may adopt, supplement and amend Design Committee Rules imposing design and materials standards, submittal procedures, review criteria and other factors to be considered and followed by the Design Committee and the Condominium Owners in connection with Construction Activities. I 0.3 Exemptions/Declarant Approval. Notwithstanding any other provision of the Restrictions, Declarant, need not seek Design Committee approval with respect to its construction or development activities of any kind, including without limitation any activity which would be classified as a "Construction Activity." I 0.4 Application. The Person submitting plans and specifications to the Design Committee ("Applicant'') must obtain a dated, written receipt for such plans and specifications and furnish the Design Committee with the address to which further communications from the Design Committee are to be directed. The Design Committee Rules may set forth application fees and deposits and procedures for the submission of plans for approval, require a fee to accompany each application for approval (or request for a certificate stating that Design Committee approval is not required), or establish additional factors which the Design Committee will take into consideration in reviewing submissions. The Design • Committee Rules may provide that the amount of any fee and/or deposit may be determined in any reasonable manner, such as based upon the cost of the construction, alterations or installations contemplated and/or the reasonable cost of architectural or other professional fees incurred by the Association in reviewing plans. 10.5 Criteria. The Design Committee shall consider and act upon all plans and specifications submitted for its approval under this Declaration and may perform such other duties as are specified in this Declaration, including the inspection of construction in progress to assure its conformance with the plans approved by the Design Committee. The Design Committee may approve plans and specifications submitted for its approval only if it determines that (i) the Construction Activity is in conformance with the Design Committee Rules, (ii) the Construction Activity in the locations indicated will not be detrimental to the appearance or use of other Condominium Units or the Condominium Properties as a whole, (iii) the appearance of any structure affected thereby will be in harmony with the surrounding structures, (iv) the Construction Activity and the product thereof will not detract from the attractiveness of the Association Property or the use thereof by the Members, and (v) the upkeep and maintenance thereof will not become a burden on the Association. 10.6 Conditions. The Design Committee may condition its approval of plans and specifications for any Improvement upon any of the following: (i) such changes therein as it deems appropriate, (ii) the grant of appropriate easements to the Association for the maintenance of the Improvement and access to all Condominium Association Property, (iii) the Applicant's agreement to reimburse the Association for the cost of reviewing the proposed Improvement SDH\30447.0001\362731.4 6/7/2007 -7- Packet Page 1919 (including legal and consultant costs) and for the cost of maintaining the Improvement, (iv) the Applicant's agreement to complete the proposed work within a stated period of time, and/or (v) the Applicant's furnishing the Association with a bond or other security acceptable to the Design Committee in an amount reasonably sufficient to (a) assure the completion of such Improvement or the availability of funds adequate to remedy any nuisance or unsightly conditions occurring as a result of the partial completion of such Improvement, and (b) to protect the Association and the other Condominium Owners against mechanic's liens or other encumbrances which may be Recorded against their respective interests in the Condominium Properties or damage to the Condominium Association Property as a result of such work. In addition to the foregoing, the Design Committee may require submission of additional plans and specifications or other information prior to approving or disapproving materials submitted. 10. 7 Review Period. The Design Committee may require such detail in plans and specifications submitted for its review as it deems proper. Until the Design Committee receives all required plans and specifications, the Design Committee may postpone review of any plan submitted for approval or determination of exemption. The Design Committee shall transmit its decision and the reasons therefore or a request for further information to the Applicant at the address furnished by the Applicant, within forty-five (45) days after the date of the receipt issued by the Design Committee for materials submitted to the Design Committee and the Design Committee determines that such application is complete. Subject to appeal procedures which may be adopted by the Board, any application or request for certificate of exemption submitted pursuant to this Section shall be deemed approved, unless the Design Committee transmits written disapproval or a request for additional information or materials to the Applicant within forty-five (45) days after the date of receipt by the Design Committee of the Applicant's submitted materials. 10.8 Meetings of the Design Committee. The Design Committee shall meet and/or otherwise confer as necessary to perform its duties hereunder. The vote or written consent (which may be transmitted by facsimile or email) of a majority of the members of the Design Committee constitutes an act of the Design Committee. The Design Committee may engage architects, landscape architects, designers, planners and such similar professionals and consultants and appoint such subcommittees as the Design Committee deems appropriate to assist the Design Committee in the evaluation of plans, specifications and other items submitted for Design Committee approval pursuant to the Declaration. The Applicant shall be responsible for the cost of any such professionals and/or consultants engaged with respect to such Applicant's plans and specifications. 10.9 No Waiver of Future Approvals. Design Committee approval of any proposals or plans and specifications or drawings for-any Construction Activity done or proposed or in connection with any other matter requiring Design Committee approval does not waive any right to withhold approval of any similar proposals, plans and specifications, drawings or matters subsequently or additionally submitted for approval or consent. 10.10 Compensation of Members. The Design Committee members shall receive no compensation for services rendered, other than reimbursement by the Association for expenses incurred by them in performing their duties. The foregoing shall not preclude payment of compensation approved by the Board to architects or similar professionals engaged to assist SDH\30447.0001\36273 l.4 6/7/2007 -8- Packet Page 1920 the Design Committee or the Design Committee Representative or to perform the function of the Design Committee member pursuant to this Section 10.10. 10.11 Correction of Defects. Inspection of work and correction of defects therein shall proceed as follows: I 0.11.1 Notice of Completion. The Design Committee or its duly appointed representative may at any time inspect any Improvement or Construction Activity for which approval of plans is required under this Article. The Design Committee's right of inspection of Improvements for which plans have been submitted and approved shall terminate sixty (60) days after the work of Improvement has been completed and the Design Committee has received written notice of such completion. The Design Committee's rights of inspection shall not terminate pursuant to this paragraph if plans for the work of Improvement have not previously been submitted to and approved (or determined exempt) in writing by the Design Committee. If the Design Committee finds that an Improvement was done without obtaining written approval of the plans therefor or was not done in substantial compliance with the plans approved by the Design Committee, it shall notify the Condominium Owner in writing of failure to comply with this Section 4.6, specifying the particulars of noncompliance. The Design Committee may require the Condominium Owner to take such action as may be necessary to remedy a noncompliance. • I 0.11.2 Noncompliance. If the Condominium Owner fails to remedy the noncompliance within sixty (60) days from the date the Design Committee's notice of noncompliance is deemed received by the Condominium Owner, the Design Committee shall notify the Board in writing of such failure. Upon Notice and Hearing, the Board shall determine whether there is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. If a noncompliance exists, the Condominium Owner must remedy or remove the same_within a period of not more than forty-five (45) days from the date that notice of the Board ruling is given to the Condominium Owner. If the Condominium Owner does not comply with the Board ruling within that period, the Board may Record a notice of noncompliance and may commence a lawsuit for damages or injunctive relief, as appropriate, to remedy the noncompliance. I 0.11.3 Compliance. If the Design Committee fails to notify the Applicant of any noncompliance with previously submitted and approved plans within sixty (60) days after receipt of written notice of completion from the Applicant, the Construction Activity shall be deemed to be in accordance with such approved plans. 10.11.4 Prosecution of Work. The Design Committee approval for any particular Construction Activity expires and the plans and specifications therefor must be resubmitted for Design Committee approval pursuant to this Section 10 if substantial work pursuant to the approved plans and specifications is not commenced within six (6) months after the Design Committee's approval of such Construction Activity. All Construction Activities shall be performed as promptly and diligently as possible and, unless an earlier completion date is specified in the Design Committee approval, must be completed within one (1) year after the date on which the work commenced. SDH\30447.0001\36273 l.4 6/7/2007 -9- Packet Page 1921 10.12 Scope of Review. The Design Committee shall review and approve or disapprove all plans submitted to it for any proposed Construct1on Activity solely on the basis of the considerations set forth in this Declaration. The Design Committee is not responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building codes or other governmental requirements. 10.13 Variances. The Design Committee may recommend variances from compliance with any of the architectural provisions of the Declaration and/or this Supplemental Declaration, including, without limitation, restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be approved by the Board, evid_enced in writing, and signed by at least two (2) officers of the Association certifying such Board approval, and are effective upon Recordation. No violation of the Restrictions shall exist with respect to any Construction Activity for which a variance is granted. The granting of such a variance does not waive any of the terms and provisions of this Declaration or of any Supplemental .Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor does it affect the Condominium Owner's obligation to comply with all governmental laws and regulations. 10.14 Pre-Approvals. The Board may authorize the pre-approval of certain specified types or classes of Construction Activities in the Design Committee Rules if, in the exercise of the Board's judgment, pre-approval of such types or classes of Improvements is appropriate in carrying out the purposes of this Declaration. 10.15 Appeals. The Board may adopt polices and procedures for the appeal of Design Committee decisions to the Board. The Board has no obligation to adopt or implement any appeal procedures, and in the absence of Board adoption of appeal procedures, all Design Committee decisions are final. 11. Insurance. The public liability insurance to be carried by Condominium Owners under Section 8.2 of the Declaration shall be in an amount not less than Two Million Dollars ($2,000,000), combined single limit, or in such other minimum amount as the Board may determine, covering all claims for personal injury and property damage arising out of a single occurrence with.the amount of any deductible approved by the Board. Each Condominium Owner shall review annually the limits of his insurance coverage and increase such limits as appropriate. Each Condominium Owner shall cause the Association to be named as additional insured under such Condominium Owner's liability policy(ies) and shall furnish the Association with a current certificate of such insurance at all times. 12. Condemnation of Condominium Association Property and/or Condominium Units. 12.1 Condemnation of Condominium Association Property an~or Condominium Units. If all or any portion of the Condominium Association Property, or any interest therein, is taken by right of eminent domain or by private purchase in lieu of eminent domain, the award in condemnation shall be paid to the Association and deposited in the SDH\30447.0001\362731.4 6/7/2007 -10- Packet Page 1922 applicable Operating Fund. The Association has the exclusive right to participate in such proceedings and shall, in its name alone, represent the interests of all Members_ with respect to the Condominium Association Property. 12.2 Minor Takings of Condominium Units Within Limits. If (a) there is a taking of a portion of one or more Condominiums such that the intended use of the Condominiums is not substantially and adversely affected, and (b) restoration of such Condominiums can be accomplished at a cost less than or equal to the sum of (i) the amount of the condemnation awards for such takings plus (ii) any amounts the Condominium Owners of the partially taken Condominiums wish to contribute to restoration plus (iii) an amount less than or equal to five percent (5%) of the Budgeted gross expenses of the Association for that Fiscal Year ( collectively, the "Allowable Cost'), then (provided that the applicable Condominium Owners have made their agreed upon contributions) the Board shall contract for such restoration and levy a Reconstruction Assessment against the applicable Condominium Owners in an amount equal to the Allowable Cost minus the amount of the condemnation awards and applicable Condominium Owners' contributions. The condemnation awards, Condominium Owners' contributions and Reconstruction Assessment shall be applied to such restoration. If the restoration is accomplished at a cost less than the amount of the condemnation awards, then that portion of the condemnation awards which exceeds the restoration costs shall be paid to the Condominium Owners of the partially taken Condominiums in proportion to the decreas¥s in the fair market values of their Condominiums; however, such awards shall first ~e applied to the balance then due on any Mortgages encumbering such Condominium Owners' Condominiums, in order of priority. • 12.3 Minor Takings of Condominium Units Exceeding Limits. If(a) there is a taking of a portion of one or more Condominiums such that the intended use of the Condominiums is not substantially and adversely affected, and (b) restoration cannot be accomplished at a cost less than or equal to the Allowable Cost, then the Board shall call a Special Meeting of the Condominium Owners of Condominium Units. If more than fifty percent (50%) of the voting power of the Condominium Owners of Condominium Units of the taken Condominium Units is represented at such Special Meeting, either in person or by proxy, and a majority of the votes of the taken Condominium Units cast at such Special Meeting in favor of levying a Reconstruction Assessment in an amount equal to the restoration costs minus the sum of the amount of the condemnation awards and the amounts the Condominium Owners of the taken Con_dominiums wish to contribute to such restoration, then upon the receipt by the Association of all contributions agreed to by the applicable Condominium Owners, the Board shall contract for such restoration and levy a Reconstruction Assessment, and the condemnation awards, applicable Condominium Owners' contributions and Reconstruction Assessment shall be applied to such restoration. 12.4 Major Takings of Condominium Association Property. If the requisite approval is not obtained at the Special Meeting referred to above, or if there is a taking of a portion of one or more Condominiums such that the Condominiums are not capable of being restored without the intended use of the Condominiums being substantially and adversely affected, then the award in condemnation shall be paid to the Condominium Owners of the taken Condominiums; however, such award shall first be applied to the balance then due on any Mortgages encumbering such Condominium Owner's Condominium, in order of priority. The SDH\30447.0001\36273 l.4 6/7/2007 -11- Packet Page 1923 Board shall have the remaining portions of the taken Condominiums razed. The remaining portions of the taken Condominiums shall become part of the Condominium Association Property, and the Condominium Owners of such taken Condominiums, by acceptance of the award allotted to them in taking proceedings, relinquish (a) to the other Condominium Owners, on the basis of their relative Condominium Ownership of the Common Area therein, such Condominium Owners' undivided interest in the Common Area, and (b) to the Association, the remaining portions of the Condominiums. Each Condominium Owner relinquishing his interest in the Common Area pursuant to this Section shall, at the Board's request and at the Association's expense, execute and acknowledge such deeds and other instruments which the Board considers necessary or convenient to evidence such relinquishment. Each Condominium Owner of a taken Condominium is not liable for Assessments under the Declaration (and this Supplemental Declaration) which accrue on or after the date such Condominium Owner accepts his condemnation award. 13. Unsegregated Real Property Taxes. To the extent not assessed to or paid by the Condominium Owners, the Association shall pay all real and personal property taxes and Assessments levied on the Condominium Properties. If any Condominiums are taxed under a tax bill covering more than one Condominium, then each Condominium Owner shall pay his share of any installment due under the tax bill to the Association at least ten (10) days before the delinquency date. The Association shall transmit the taxes to the appropriate tax collection agency on or before the delinquency date. The Association shall allocate taxes among the Condominium Owners and their Condominiums, based on the percentage share of Common Expenses allocated to each Condominium as compared to the total number percentage of Common Expenses allocated to all Condominiums subject to the unsegregated tax bill. The Association shall, at least forty-five ( 45) days before the delinquency date of any tax installment, deliver to each Condominium Owner a copy of the tax bill, along with a written notice setting forth the Condominium Owner's obligation to pay his share of the tax installment and the potential additional charges to the Condominium Owner for failure to comply. The Association shall pay the taxes on behalf of any Owner who does not pay his share. The Association shall add to the Annual Assessment of a delinquent Owner the amount of any sum advanced, plus interest at the rate often percent (10%) per annum and any amount necessary to reimburse the Association for any penalty or late charge actually assessed in connection with the tax bill, which late charge results from the failure of the delinquent Condominium Owner to make timely payment of his share of the taxes. 14. Conflicts. In the event of any conflict between any provision of the Declaration and any provision of this Supplemental Declaration, this Supplemental Declaration shall prevail and control. 15. Amendment. 15.1 Amendment by Declarant. So long as Declarant owns all or any portion of the Condominium Properties, this Supplemental Declaration may be amended by Recording a written instrument signed by Declarant setting forth such amendment. Such amendment by Declarant shall not require the approval of the other Owners. SDH\30447.0001\36273 l.4 6/7/2007 -12- Packet Page 1924 15.2 Amendments by Owners. The provisions of this Supplemental Declaration may be amended by Recording an instrument, signed and acknowledged by Declarant (for so long as Declarant owns a Condominium Unit in the Condominium Properties) and two (2) officers of the Association, setting forth the amendment and certifying that such amendment has been approved by (a) Owners representing more than fifty percent (50%) of the voting power of the Association, (b) Condominium Owners representing more than fifty percent (50%) of the voting power of the Condominium Owners, and (c) the requisite percentage of holders and insurers of first Mortgages encumbering the Condominium Properties, in the case of those amendments which this Supplemental Declaration requires to be approved by first Mortgagees, as described in Section 15.3 below. Amendments shall be effective upon Recordation. So long as Declarant owns a Lot or Condominium Unit in the Properties there shall be no amendment to the Restrictions without Declarant's written approval. 15.3 Approval of First MortgageesNotwithstanding anything to the contrary in Section 15 .2 above, any of the following amendments, to be effective, must be approved by more than fifty percent (50%) of first Mortgagees of Condominium Units who have requested the Association to notify them of proposed action requiring the consent of a specified percentage of first Mortgagees, based upon the Percentage Share of Condominium Common Expenses allocated to a Condominium Unit pledged as security for the respective first Mortgage: (a) any amendment which affects or purports to affect the validity or priority of encumbrances or the rights or protections granted to Beneficiaries of first Mortgages of Condominium Units; (b) any amendment which would necessitate a Mortgagee after it has acquired a Condominium Unit through foreclosure to pay more than its proportionate share of any unpaid assessment or assessments accruing after such foreclosure; ( c) any amendment relating to the insurance provisions of this Supplemental Declaration, the application of insurance proceeds or the disposition of any money received in any taking under condemnation proceedings; ( d) any amendment which would or could result in termination or abandonment of the Condominium Properties or partition or subdivision of a Lot in any manner inconsistent with the provisions· of this Supplemental Declaration; and/or (e) any amendment which would or could result in (i) an encumbrance being cancelled by forfeiture, or (ii) an individual Condominium Unit not being separately assessed for tax purposes .. Any approval by a holder of a first Mortgage required under this Section 15 .3 must either be given in writing, or is deemed given if, within thirty (30) days after receipt of written notice of the proposed action sent via registered or certified mail, return receipt requested, the holder does not submit a written response to the notice. SDH\30447.0001\362731.4 6/7/2007 -13- Packet Page 1925 Declarant has executed this Supplemental Declaration as of the date set forth below. Dated: J (AM'--= I '2-, 2007 SDH\30447.0001\362731.4 6/7/2007 WA TERMAN BP, LLC, a California limited liability company By: SEVENTH STREET DEVELOPMENT, LLC, a California limited liability company Its: Manager By: Its: -14- Packet Page 1926 STATE OF CALIFORNIA ) ) ss COUNTY OF L@ ~w On ..)'--'t\ o ~ \ 1-, 200]_, before me, -~e,~(}«.:.:Yic....c0.-=------_\(-1-•-1)-=-=--n--'--'7.QS---==----'' Notary Public, personally appeared __ ....::C..~'Yi~<A-~~-~...\-----=h.J--=....:.v.....!V'\!........!...!.;-=~:...5!.....-______ _ personally known to me (~r f>FO¥@a te me on the basis of satisfact6fj' evidefl:cc) to be the perso~ whose namets') isfttre subscribed to the within instrument and acknowledged to me that hefsfleftiirey executed the same in hisfher/tneir authorized capacity(ics), and that by hi~/their signaturets) on the instrument the personfs'), or the entity upon behalf of which the perso~ acted, executed the instrument. WITNESS my hand and official seal. SDH\30447.0001\362731.4 6/7/2007 -15- CMA ,. DIIJOI I comm1111on ti 1706311 t We • Callfomle (SEAL) Packet Page 1927 ILLEGIBLE NOTARY SEAL DECLARATION GOVERNMENT CODE 27361.7 I certify under penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary ___ ___,,,~=-.;;;.:.....:tA..=-=.._'l....<.....,:..____.D■-<....l.o...J· .... 2""""""0 .... S~---------- Commission Number ___ 1_7..........,,D~(p~3'-~~7~------------- • Date Commission Expires. __ _,Nc.......:....J/J~V_•______,(h...__,Qoe-,,-->e-d::--'0=--cl---'O=-----------7 County Where Bond is Filed, __ ___.:;_L-__:o:...;.s=------'-A-Yl.:....:......_,5,....._,d=..:....::.~..::=<...----------- Place of Execution of this Declaration =Irv....:...:.:.ain=e,_C=A'-'--"'9=2-=-61=-4.,__ ____________ _ LandAmerica Commercial Services Packet Page 1928 SUBORDINATION The undersigned, as Beneficiary of the beneficial interest in and under that certain Deed of Trust dated October 24, 2005, and recorded on October 27, 2005, in the Official Records of San Bernardino County, California, as Instrument No. 2005-0807833, which Deed of Trust is between Waterman BP, LLC, a California limited liability company, as Trustor, Commonwealth Land Title Company, as Trustee, and JPMorgan Chase Bank, N.A., as Beneficiary, hereby expressly subordinates such Deed of Trust and its beneficial interests thereunder to the foregoing Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Waterman Business Center ("Declaration'') and to all easements to be conveyed to the Association in accordance with the Declaration. By executing this Subordination, the undersigned agrees that should the undersigned acquire title to all or any portion of the Condominium Properties by foreclosure (whether judicial or nonjudicial), deed-in-lieu of foreclosure or any other remedy in . . or relating to the Deed of Trust, the undersigned will acquire title subject to the provisions of the Declaration, which shall remain in full force and effect. -Dated: ..) v.f' < ) 3 SDH\30447.000 I \362731.4 6/7/2007 , 2007 JPMORGAN CHASE BANK, N.A., a national banking ass ciation By: By: -16- Packet Page 1929 ST ATE OF CALIFORNIA ) ) ss ) i.~ 1 / On :-S, 1 l'.\l. I':> , 200l, before m~, .~') A -~~bJCo.u ,£,,~ • Notary Public, personally appeared EDt .,_10 U) ,r;. (~ ... ~ 1 VtCL ~c{a4 , personally known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ST A TE OF CALIFORNIA COUNTYOF'/'lA.o._1.'~ ) ) ss ) OW, I/\L l~ , 200:1, before .. (SEAL) Notary Public, personally appeared _L.!.!' "~~.b.:..~~~~~.:U~-lL-~:___µ~~l.lUA.A:___ personally known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the person( s ), or the entity upon behalf of which the person( s) acted, executed the instrument. WITNESS my h d and official seal. , (SEAL) SDH\30447.0001\36273l.4 6/7/2007 -17- Packet Page 1930 EXHIBIT "1" CONDOMINIUM ASSOCIATION PROPERTY The ':Association Property" as defined and described in the Condominium Plan recorded on .:::fun., -c51,7 _, 2007, as Instrument No. ol/JIJ7-t75$'tJ.;24'"~uch Association Property includes, without limitation, Common Walls, other bearing walls, roofs, all other structural elements of the buildings in which the Condominium Units are located; the parking and landscape areas located on Lots 1 and 2 of Tract 18083; the water and sewer systems serving such Lots 1 and 2 ( excluding storm drain catch basins and related filter systems located on Lot 1 ); and the exterior lighting located on Lots 1 and 2. The parkway landscaping within the right-of-way bordering Lots 1 and 2 of Tract 18083. The Condominium Association Property includes for maintenance purposes the "City Property" as defined in, and subject to the terms and conditions of, the Easement Deed and Agreement between Declarant and the City of San Bernardino recorded in the Official Records of San Bernardino County, California, on Oct. ~ , 200·6, as Instrument No. 20DD-O<c8~03S-: The Individual Building Fire Water Systems (including, without limitation, monitoring equipment) for Lots 1 and 2 of Tract No. 18083. SDH\30447.0001\362731.4 6/7/2007 Packet Page 1931 SDH\30447.0001\362731.4 6/7/2007 EXHIBIT "2" LOADING AND PARKING AREA Packet Page 1932 w ::> z 'W >~ <( t:; w er I- I z l/1 <( ~ ~ ~ a:~ 1W I- <( ~ 01 <( 0 a: ~ I- w w er w I-{!) I l/1 <( ~ I-~ z a. ~ 0 a: LL, I I 12'-0" Ill LOT I Ill l!l -_COMf0ERC/~L ROAD -- 12'-0" LOT2 PROPERTY LINE (PUBLIC STREET) ----- EXHIBIT 2 -LOADING AND PARKING AREAS ~ LOADING AND P.ARKING AREA ----- Ill Ill ---- DATE: 4.27.2007 Packet Page 1933 EXHIBIT "3" PERCENTAGE SHARE OF CONDOMINIUM COMMON EXPENSES Percentage Share of Condo Unit Condominium Common Ex~enses A-1 6.20% A-2 3.06% A~3 3.10% A-4 3.10%1 A-5 3.06% A-6 3.06% A-7 3.08% A-8 3.08% A-9 3.06% A-10 3.06% A-11 3.10% A-12 3.10% A-13 3.06% A-14 5.33% B-1 6.65% B-2 3.15% B-3 3.19% B-4 3.19% B-5 3.15% B-6 3.15% B-7 3.17% B-8 3.17% B-9 3.15% B-10 3.15% B-11 3.19% B-12 3.19% B-13 3.15°/o B-14 6.90% Total 100% SDH\30447.0001\362731.4 6/7/2007 Packet Page 1934 From:Susan Kang To:Craig Furniss; Scott Furniss Cc:gustavo@adesainternational.com; Brandon Smith Subject:Fwd: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Date:Thursday, August 18, 2022 4:54:22 PM Attachments:image002.png Craig- please see submittal from ADESA. Again, we will agree to your conditions. Please provide us with a letter we can provide to city planning. Thank you. Kind Regards, Susan Kang Co-Founder *please excuse any typos as this was sent from my phone* T:: (909) 370-0155 D:: (909) 498-2471 F:: (909) 370-0151 E:: susan@countryarcher.com CONFIDENTIALITY NOTICE This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message along with any attachments, from your computer system. From: Brandon Smith <brandon.smith@dpsprocess.com> Sent: Thursday, August 18, 2022 4:44 PM To: Gustavo Orozco <gustavo@adesainternational.com>; Susan Kang <susan@countryarcher.com>; Alberto De Santiago <alberto@adesainternational.com>; Ignacio Varela <nacho@practical-solutions.us> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital THIS IS AN EXTERNAL EMAIL! Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support Gustavo, I just sent an email to everyone with the necessary responses. As discussed, ADESA has agreed to the conditions as proposed by Craig (ref: 9/1/22) date and I have updated the letter to say that. Please also realize, getting the posts up are CRITICAL. Susan noted that there MAY (not guaranteed) leniency from Craig if progress is shown. Get those post up immediately, have Maya coordinate directly with Ed at SGE to ensure he does Packet Page 1935 EXACTLY what is shown in the drawing. Thank you, Brandon Smith Director of Operations DPS Process Solutions (c) 949.358.0755 www.disruptiveprocesssolutions.com From: Gustavo Orozco <gustavo@adesainternational.com> Sent: Thursday, August 18, 2022 1:53 PM To: Brandon Smith <brandon.smith@dpsprocess.com>; Susan Kang <susan@countryarcher.com>; Alberto De Santiago <alberto@adesainternational.com>; Ignacio Varela <nacho@practical- solutions.us> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Hey Brandon, Sorry for not being able to answer earlier, we were in a meeting and just got out… We understand everything and also we understand that the association will not put anything written for the city until we agree to their 9 points… As Carig says we agree to the 7 first points but we would like to request if it’s possible as a favor to start this until 9/8/2022… we know beforehand that everything with Airgais will be ready until 9/20/2022 so it is a lot of Money that Adesa needs to pay to association, let’s try it and see if they are willing to cooperate with one extra week, if not we’ll have to agree, we have no other choice… hopefully they will understand… Regards. Packet Page 1936 From: Brandon Smith <brandon.smith@dpsprocess.com> Sent: Thursday, August 18, 2022 9:44 AM To: Susan Kang <susan@countryarcher.com>; Gustavo Orozco <gustavo@adesainternational.com>; Alberto De Santiago <alberto@adesainternational.com>; Ignacio Varela <nacho@practical- solutions.us> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Gustavo, I suggest we agree to 9/1 and proceed with EZ pad procurement. Let’s move as fast as we discussed with AirGas and then eventually, plan check will occur. Brandon Smith Director of Operations DPS Process Solutions (c) 949.358.0755 www.disruptiveprocesssolutions.com From: Susan Kang <susan@countryarcher.com> Sent: Thursday, August 18, 2022 12:39 PM To: Brandon Smith <brandon.smith@dpsprocess.com>; gustavo@adesainternational.com; 'Alberto de Santiago' <alberto@adesainternational.com>; Ignacio Varela <nacho@practical-solutions.us> Subject: Re: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Brandon, that’s not how I read Craig's email. He is not lifting his block with the planners for ADESA, esp without an agreement with us. So that needs to be step 1 in my opinion. ADESA- Craig sent the email Mon. It's Fri now! Please respond to my 8/15 email. Thank you. Kind Regards, Susan Kang Co-Founder *please excuse any typos as this was sent from my phone* T:: (909) 370-0155 D:: (909) 498-2471 F:: (909) 370-0151 E:: susan@countryarcher.com Packet Page 1937 This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message along with any attachments, from your computer system. From: Brandon Smith <brandon.smith@dpsprocess.com> Sent: Thursday, August 18, 2022 9:30:43 AM To: Susan Kang <susan@countryarcher.com>; gustavo@adesainternational.com <gustavo@adesainternational.com>; 'Alberto de Santiago' <alberto@adesainternational.com>; Ignacio Varela <nacho@practical-solutions.us> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital THIS IS AN EXTERNAL EMAIL! Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support Susan, The City will need something in writing from the Association to permit plan checking on the EZ Pads. ADESA is willing to install the EZ Pad design with the understanding it’s “not permitted” right away, but the Association will need to communicate to the city that it’s ok to review the plans. Brandon Smith Director of Operations DPS Process Solutions (c) 949.358.0755 www.disruptiveprocesssolutions.com From: Brandon Smith Sent: Thursday, August 18, 2022 12:26 PM To: Susan Kang <susan@countryarcher.com>; gustavo@adesainternational.com; 'Alberto de Santiago' <alberto@adesainternational.com>; Ignacio Varela <nacho@practical-solutions.us> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Alberto/Gustavo, Your call here. But make the call quick. Brandon Smith Director of Operations Packet Page 1938 DPS Process Solutions (c) 949.358.0755 www.disruptiveprocesssolutions.com From: Susan Kang <susan@countryarcher.com> Sent: Thursday, August 18, 2022 12:18 PM To: gustavo@adesainternational.com; 'Alberto de Santiago' <alberto@adesainternational.com>; Ignacio Varela <nacho@practical-solutions.us>; Brandon Smith <brandon.smith@dpsprocess.com> Subject: Fwd: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital See below and Please let me know today. He will not move on the 9/1 deadline. You guys are moving too slow! Kind Regards, Susan Kang Co-Founder *please excuse any typos as this was sent from my phone* T:: (909) 370-0155 D:: (909) 498-2471 F:: (909) 370-0151 E:: susan@countryarcher.com CONFIDENTIALITY NOTICE This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message along with any attachments, from your computer system. From: Craig Furniss <cfurniss@7thsd.com> Sent: Thursday, August 18, 2022 6:45:46 AM To: Susan Kang <susan@countryarcher.com> Cc: gustavo@adesainternational.com <gustavo@adesainternational.com>; Scott Furniss <sfurniss@7thsd.com>; 'Alberto de Santiago' <alberto@adesainternational.com>; Brandon Smith <brandon.smith@dpsprocess.com> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital THIS IS AN EXTERNAL EMAIL! Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support HI Susan Packet Page 1939 Please note that the first 7 conditions are precisely the same as what you and Adesa already agreed to in the attached Administrative Development Permit with the City of San Bernardino (see conditions 19-25 on page 6 of the attached permit from the City). Nothing new here. Additionally, we will require Condition of approval #26 be observed from the permit: “WBCA requires proper notice (minimum 3 business days) and insurance before starting construction over, near, under, around the fire water main that runs through the proposed construction area.” I am sure you and Adesa are already aware of this requirement but I am repeating it here to make sure. There is nothing new here, other than the changes Adesa is making. We don’t understand why it is taking so long to respond especially given the limited time to complete the improvements. Please respond today. Extensions to the September 1 date will not be granted. Thanks Craig From: Susan Kang <susan@countryarcher.com> Sent: Wednesday, August 17, 2022 9:18 AM To: Craig Furniss <cfurniss@7thsd.com> Cc: gustavo@adesainternational.com; Scott Furniss <sfurniss@7thsd.com>; 'Alberto de Santiago' <alberto@adesainternational.com>; Brandon Smith <brandon.smith@dpsprocess.com> Subject: Re: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Craig, I’m in connect with ADESA. We are aligning on your concerns and the 9 conditions. We will get back to you soon. Thanks Susan *please excuse any typos as this was sent from my phone* T:: (909) 370-0155 D:: (909) 498-2471 F:: (909) 370-0151 E:: susan@countryarcher.com CONFIDENTIALITY NOTICE This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message along with any attachments, from your computer system. From: Craig Furniss <cfurniss@7thsd.com> Sent: Wednesday, August 17, 2022 9:05:51 AM To: Susan Kang <susan@countryarcher.com> Cc: gustavo@adesainternational.com <gustavo@adesainternational.com>; Scott Furniss <sfurniss@7thsd.com> Packet Page 1940 Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital THIS IS AN EXTERNAL EMAIL! Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support Susan I left a voicemail for you earlier this week. I have not heard back from you regarding my email from Monday. Time is of the essence in this matter. Please respond. Thank you Craig From: Craig Furniss Sent: Tuesday, August 16, 2022 12:14 PM To: Susan Kang <susan@countryarcher.com> Cc: gustavo@adesainternational.com; Scott Furniss <sfurniss@7thsd.com> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Our field measurement this morning indicates that the dimension shown as 15’4” by us on the marked up SP2 plan (from face of existing curb to the edge in line with the curb in the parking lot) is actually approximately 16’ so you should be able to have as much as 14” from the face of curb to the post (this is the dimension we label as 6” or greater). Please verify but if true, there should be no issue here. Please show requested dimensions on updated plan submitted for approval. From: Craig Furniss Sent: Monday, August 15, 2022 2:22 PM To: Susan Kang <susan@countryarcher.com> Cc: gustavo@adesainternational.com; Scott Furniss <sfurniss@7thsd.com> Subject: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Susan: Thank for the more complete submittal. Unfortunately, it does not address the comments in our August 4, 2022 email to you in the following respects: 1. Modified Slab Design is still proposed – the submittal still proposes a new slab design requiring a higher (12.5’) screen wall and a resubmittal to San Bernardino. Revisions from the prior submitted plans are not highlighted as we requested. 2. Distance Between Columns and curb not shown on Detail 1 of SP2 as we specifically requested. Please see attached mark up. Please field verify the minimum existing dimension in the field of 15’4”. We believe the enclosure will protrude 4” beyond the curb into the parking lot toward the building. Is this acceptable to you and the city? WBCA will allow this 4” protrusion. Please show this accurately on the plan. We require a minimum of 6” from edge of column to the curb as shown in the mark up. The post is 5” wide. An alternative Packet Page 1941 might be to mount the posts on the curb if you are not able to protrude the enclosure into the parking lot. 3. Tree Type and Root Barrier on LP-1/Trees - The following note was added to LP-1 “Deeproot LB 18-2 Linear Root Barrier, 18” Deep x 24” Long segments, installed per manufacturer’s instructions”. Deeproot has a linear root barrier system called “UB” (not LB). Is this what is being specified? If so, we request Deeproot “UB 36-2” be used so that a 36” root barrier is created. Additionally, please show the linear placement of the root barrier to be, at a minimum, the “L” shape root barrier system we marked on LP-1. Finally, we noted that Catalina Cherry has been specified for the tree replacement for the Ficus. Would you please discuss with your landscape architect the use of five 24” box Photinia x Faseri (Red Robin) instead? If used, the Photonia should be spaced 2.5’ apart (this would make a 12.5’ wide hedge) and centered on the 14’ wide enclosure wall. The photinia should be a minimum of 2’ from the transformer wall and 2’ from the trash enclosure wall. The concern with the Catalina Cherry is that it bears fruit (which could attract rodents and foul the storm drain trench). Catalina Cherry trees also grow to 40’ high. We are told that Photinia are drought tolerant and grow 9-12’ tall. We are open to input from your landscape architect on this but feel Photinia might be a better fit. If the applicant (Building Owner S&E Investments) agrees to the 8 conditions of approval below (which will be incorporated into an approval letter acknowledged by Owner (S&E Investments)), then for the sake of expediting the resolution of this issue, we will agree to allow the modification to of what you refer to as “EZ Slab” and the higher 12.5” enclosure wall if you (S&E Holdings). (Note the first 7 conditions below are already included in Adesa’s Administrative Development Permit with the City of San Bernardino.) Our final approval (if issued) will include an agreement between the Building Owner (S&E Investments) and the Waterman Business Owners Association (WBCA) with a complete set of plans attached evidencing this acceptance. 1. Applicant and any of its tenants shall ensure that all its vehicles and those of its employees and visitors park only on the 379 E Industrial Road lot and do not park on any other owner’s property without a written agreement in place with that owner. 2. Bobtail and semi-trucks will park, load and unload only in the areas designated on Exhibit A. Applicant will limit semi-trucks access/egress to and from the lot to between the hours of 9:00 pm and 6:00 am. No semi-trucks will park on site outside of these hours. 3. Applicant agrees to screen the Liquid Nitrogen Tank in accordance with the plans approved by WBCA and the metal screening material will be painted to match the main building field color of 379 E Industrial Building. 4. Applicant agrees to install and maintain landscaping (including proper irrigation) to screen views from adjacent property in accordance with the plans approved by Waterman Business Center Association (WBCA). 5. Applicant agrees to properly and promptly dispose of all waste to minimize odors and pests. 6. No utility lines will be mounted on the exterior of the building. 7. The storm drain trench (which is WBCA property) is to remain undisturbed before, during and after construction. The storm drain flow of the lot will be maintained and not altered. 8. As requested numerous times by WBCA, Applicant shall remove the unapproved LIN that is currently on the property no later than 9/1/22. For each day of delay beyond this date, applicant (owner of building) shall pay WBCA $250/day for the first 7 calendar days, $500/day Packet Page 1942 for the next 7 calendar days, and S1,000 for any days beyond 14 calendar days. 9. All costs of WBCA plan reviews are paid current and any future costs associated with plan review and construction compliance or delays (per #8 above) are paid within 30 days of invoicing. Thank you Craig Craig Furniss Waterman Business Center Association By: Seventh Street Development, its manager 328 E Commercial Road #107 San Bernardino, California 92408 Phone: 562/427-7718 Fax: 562/427-7774 Email: cfurniss@7thsd.com From: Susan Kang <susan@countryarcher.com> Sent: Friday, August 12, 2022 2:46 PM To: Craig Furniss <cfurniss@7thsd.com>; Scott Furniss <sfurniss@7thsd.com> Cc: gustavo@adesainternational.com Subject: Fwd: Final submital Sorry about that. Here are the attachments. Kind Regards, Susan Kang Co-Founder *please excuse any typos as this was sent from my phone* T:: (909) 370-0155 D:: (909) 498-2471 F:: (909) 370-0151 E:: susan@countryarcher.com CONFIDENTIALITY NOTICE This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and Packet Page 1943 From: Gustavo Orozco <gustavo@adesainternational.com> Sent: Friday, August 12, 2022 2:41:02 PM To: Susan Kang <susan@countryarcher.com> Subject: Final submital THIS IS AN EXTERNAL EMAIL! Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support Here you go Susan… Regards. Packet Page 1944 Packet Page 1945 Packet Page 1946 Packet Page 1947 Packet Page 1948 Packet Page 1949 Packet Page 1950 Packet Page 1951 Packet Page 1952 Packet Page 1953 Packet Page 1954 Appeal 24-06 Appealing Planning Commission’s Approval of Appeal 24- 05 Presented by: Gabriel Elliott, Director of Community Development and Housing Department Packet Page 1955 Location/Zoning Map 379 E. Industrial Way Packet Page 1956 Aerial Map – Waterman Business Center Fl o r e s S t r e e t Packet Page 1957 Site Layout Packet Page 1958 Background There are two parties to this appeal. v Appellant II, Carney Mehr Law, representing ADESA International, a frozen food manufacturing company, doing business at 379 E. Industrial Way, in the Waterman Business Center. v Appellant I, The Waterman Business Center Association (WBCA) is the building owners’ association responsible for, among other duties, enforcing the Waterman Business Center’s CC&Rs and other Rules and Regulations for the 12-building Waterman Business Center. Packet Page 1959 Background v Appellant II is appealing Planning Commission’s decision of an appeal filed by Appellant I. v Appellant I’s appeal was approved by the Planning Commission on November 12, 2024. v Appellant I’s appeal was predicated on the removal of certain conditions of approval from Administrative Development Permit (ADP) 22-020 (Attachment E). v ADP 22-020 was issued for the installation of an approximate outdoor 9,000-gallon liquid nitrogen tank, including Conditions of Approval numbers 20-26. v There are no other businesses within the center with 9,000-gallon nitrogen tanks. Packet Page 1960 Background vThis is the Nitrogen Tank in question: v Staff’s position was that special conditions were necessary because of the size and location of the tank. Packet Page 1961 Conditions of Approval (20) Bobtail and semi-trucks will park, load, and unload only in the areas designated. The Applicant will limit semi-trucks access/egress to and from the lot to between the hours of 9:00 pm and 6:00 am. No semi-trucks will park on site outside of these hours. (21) Applicant agrees to screen the Liquid Nitrogen Tank in accordance with the plans approved by WBCA and the metal screening material will be painted to match the main building field color of 379 E Industrial Building.  (22) Applicant agrees to install and maintain landscaping (including proper irrigation) to screen views from adjacent property in accordance with the plans to be approved by WBCA   . July 20, 2023: Following direction from prior Agency Director of Community, Housing, and Economic Development and City Planner, planning amended and redacted Conditions of Approval 20 through 26 from the original Administrative Development Permit 22-020 with Amendment to Conditions 23-01 (Attachment F). July 24, 2023: The WBCA appealed the removal of Conditions of Approval 20 through 26 through a letter (Attachment G). Packet Page 1962 Conditions of Approval (23) Applicant agrees to properly and promptly dispose of all waste to minimize odors and pests.   (24) No utility lines will be mounted on the exterior of the building.   (25) The storm drain trench (which is WBCA property) is to remain undisturbed before, during and after construction. The storm drain flow of the lot will be maintained and not altered. (26) In addition to these conditions, WBCA is requiring proper notice (minimum 3 business days) and insurance before starting construction over, near, under, around the fire water main that runs through the proposed construction area.   Packet Page 1963 Appeal Process vThese conditions were added to ADP 22-020. v ADESA protested addition of the conditions and Planning Staff removed them. vAppellant I protested and appealed removal of the conditions. vAppellant I’s protest and appeal from July 2023 was not processed until a new Department Director was in place in 2024. vTo avoid litigation, the Director official allowed the appeal to go forward. vThe Planning Commission heard the Appeal on November 12, 2024, after continuance from an earlier meeting.  Packet Page 1964 The Appeal vPlanning Commission approved the appeal which would restore the conditions of approval. Appellant I wants the Conditions 20 -26 of ADP 22-020 reinstated because ADESA was and is still in violation of the conditions of ADP 22-020. v Appellant II claims that the Planning Commission should not have heard the appeal because it was processed late. vAppellant II also contests adding the conditions in the first place because they were tenant/landlord issues and not City issues. Also claims that no other uses in the complex have those conditions attached. vDirector’s position is that the City has jurisdiction to enforce conditions of approval for a development and that there are no other businesses with similar characteristics as ADESA.   Packet Page 1965 Appeal Procedure vPer San Bernardino Municipal Code Section 19.52.100, appeals shall be filed within 15 days of the decision rendered and accompanied by a filing fee specified in Chapter 19.32 (Applications and Fees). vOn July 24, 2023, the WBCA wrote a letter (Attachment 13), appealing the removal of the conditions; the letter was not processed subject to the requirements of the San Bernardino Municipal Code Section 19.52.090 – 19.52.120 Packet Page 1966 Appellant I’s Site Photos – Parking violation Violations Packet Page 1967 Appellant I’s Site Photos – Parking violation Violations Packet Page 1968 Appellant I’s Site Photos – Parking violation Violations Packet Page 1969 Appellant II’s Exhibits Packet Page 1970 Appellant II’s Exhibits Packet Page 1971 Recommendations 1.Adopt a Resolution No. 2025-263 denying Appeal 24- 06, thereby sustaining Planning Commission’s  approval  of Appeal 24-05. OR 2. Adopt a Resolution No. 2025-264 approving Appeal 24-06, thereby overturning the Planning Commissions approval of Appeal 24-05. Packet Page 1972 Questions This concludes staff’s presentation. Staff is happy to answer any questions the Mayor and City Council may have. Packet Page 1973 This space for filing stamp only OR#: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature SAN BERNARDINO COUNTY SUN 473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408 (909) 889-9666 (909) 884-2536 SB 3954427 Perla Lopez CITY OF SAN BERNARDINO/CITY CLERK - LEAD 201 N. E ST. BUILDING A SAN BERNARDINO, CA - 92401 HRG - NOTICE OF HEARING Appeal 24-06 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 08/09/2025 08/10/2025 SAN BERNARDINO !A000007175532! Email NOTICE OF PUBLIC HEARING BEFORE THE MAYOR AND CITY COUNCIL Notice is hereby given that the City of San Bernardino Mayor and City Council will hold a public hearing on Wednesday, August 20, 2025 at 5:00 p.m.in the Feldheym Public Library, Bing Wong Auditorium, 555 W. 6th Street, San Bernardino, California 92410, on the following item(s): Appeal 24-06:An appeal of the Planning Commission's approval of Appeal 24-05 of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020; in which conditions of approval numbers 20 (twenty) through 26 (twenty-six) were reinstated into the original Administrative Development Permit 22-020 for the property known as 379 E. Industrial Road located on 0.83 acres (APN: 0141-581- 03), Ward 3. Environmental Determination: Statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 of the State CEQA Guidelines. Appellant: ADESA International, LLC and SCE Investments, LLC The Mayor and City Council of the City of San Bernardino welcomes your participation in evaluating these items. The Mayor and City Council will review the proposal and will consider the proposed environmental determination in making its decisions. The public is welcome to speak at the public hearing or to submit written comments prior to the hearing. For more information, please contact the City Clerk's Office by phone at (909) 384-5002. If you challenge the resultant action of the Mayor and City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Planning Division at, or prior to, the public hearing. 8/9/25 SBS-3954427# Packet Page 1974 2 8 6 8 CONSENT CALENDAR City of San Bernardino Request for Council Action August 20, 2025 Honorable Mayor and City Council Members Kris Watson, Director of Animal Services; Eric Levitt, City Manager Animal Service Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-354 authorizing the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget by $1,090,000 in revenues and expenditures to cover the cost of services and supplies needed as a result of the Regional Partnership Agreements for Animal Services. Executive Summary It was established that the City of San Bernardino would enter into a Regional Partnership for Animal Services with the cities of Colton, Fontana, Grand Terrace, Loma Linda, and Rialto. In order to accommodate the additional animals this Regional Partnership Agreement brings into the shelter; it is necessary to allocate funding to cover the cost of necessary services and supplies. The Department is asking for $1,090,000 to be shared among the partner cities annually for the duration of the partnerships. The City of San Bernardino’s share of this cost is $583,150. Background Due to the terms of the Regional Partnership Agreement, the City of San Bernardino will be reimbursed by the five cities on a quarterly basis for the costs of services and supplies based on the actual amount incurred. The Mayor and City Council previously approved allocations for capital improvement and staffing costs. The estimate given that the total facility shelter improvements were stated to be approximately $4,000,000 and the supply costs, as well as additional personnel costs, were to be $1,500,000. The anticipated reimbursements and expenses from the partnering cities will be included in the annual budget for the Regional Partnership moving forward. Packet Page 1975 2 8 6 8 Discussion Animal Services has one year of data to determine the costs of services and supplies related to the Partnership. Currently, Staff estimates the cost for the necessary services and supplies, including but not limited to contract vet services, office supplies, computers and other crucial equipment for the shelter will be $1,090,000 annually to be shared among the partner cities. The funds will be allocated for professional services (Veterinary Care), supplies (Pharmaceutical), computer/IT equipment and other tools/equipment necessary for daily operations. San Bernardino’s share of the cost will be $583,150 or 53.5% of the cost based on the formula established in the contractual agreement signed by all of the cities. This request was approved for the 2024/25 budget and was inadvertently left off of the 2025/26 budget. This request would be renewed annually for the duration of the Regional Partnership agreements. 2021-2025 Strategic Targets and Goals Strategic Targets and Goals Partnering with the other cities in our region aligns with Strategic Target #2: Focused, Aligned Leadership and Unified Community be implementing a community engagement plan and building a culture that attracts, retains, and motivates the highest quality talent, Strategic Target #3: Improved Quality of Life by partnering with other entities in the Region, ensuring consistent, stable animal services for our residents and those of neighboring cities. Fiscal Impact The immediate fiscal impact to the General Fund is $1,090,000 in appropriation. The partner cities will be billed up to the following amounts based on the reimbursement payment terms agreed upon between each of the partnered Cities and the City of San Bernardino. Billing will be based on actual expenses up to the $1,090,000 allocated. The FY 2025/26 Operating Budget will be amended by $1,090,000 in both revenues and expenditures. City Percentage of Cost Total Amount San Bernardino 53.5%$583,150.00 Fontana 24%$261,600.00 Rialto 14%$152,600.00 Colton 7%$76,300.00 Grand Terrace 1%$10,900.00 Loma Linda 0.5%$5,450.00 Total:100%$1,090,000.00 Packet Page 1976 2 8 6 8 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-354 authorizing the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget by $1,090,000 in revenues and expenditures to cover the cost of services and supplies needed as a result of the Regional Partnership Agreements for Animal Services. Attachments Attachment 1: Resolution No. 2025-354 Ward: All Wards Synopsis of Previous Council Actions: December 6, 2023 Regional Partnership for Animal Services. April 17, 2024 Authorize and Appropriate Funding for Animal Services for the Preparation of the Regional Partnership Agreements – Site Improvement Costs May 15, 2024 Authorize and Appropriate Funding for Animal Services for the Preparation of the Regional Partnership Agreements - Staffing Costs April 2, 2025 Adopt Resolution 2025-269 allocating $700,000 for Revenues and Expenses Related to the Regional Partnership Agreements in the FY 2024-2025 budget. Packet Page 1977 Resolution No. 2025-354 Resolution No. 2025-354 August 20, 2025 Page 1 of 3 7 5 2 1 RESOLUTION NO. 2025-354 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO AMEND THE FY 2025/26 OPERATING BUDGET BY $1,090,000 TO COVER THE COST OF SERVICES AND SUPPLIES NEEDED AS A RESULT OF THE REGIONAL PARTNERSHIP AGREEMENTS FOR ANIMAL SERVICES WHEREAS, The City of San Bernardino entered into a Regional Partnership Agreement with the Cities of Colton, Fontana, Grand Terrace, Loma Linda and Rialto to house animals from their cities at the animal shelter located at 333 Chandler Place in the City of San Bernardino and WHEREAS, The City of San Bernardino, Department of Animal Services purchases supplies and contracts for services to serve the needs of animals and people in the community. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Authorize the Director of Finance and Management Services to Amend the FY 2025/26 operating budget by $1,090,000 to cover the cost of services and supplies needed as a result of the Regional Partnership Agreements for Animal Services. SECTION 3.CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of August 2025. Packet Page 1978 Resolution No. 2025-354 Resolution No. 2025-354 August 20, 2025 Page 2 of 3 7 5 2 1 Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page 1979 Resolution No. 2025-354 Resolution No. 2025-354 August 20, 2025 Page 3 of 3 7 5 2 1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-354, adopted at a regular meeting held on the 20th day of August 2025 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 20th day of August 2025. Telicia Lopez, Acting City Clerk Packet Page 1980 CONSENT CALENDAR City of San Bernardino Request for Council Action August 20, 2025 Honorable Mayor and City Council Members Telicia Lopez, Acting City Clerk City Clerk Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates: 1. June 21, 2023 Regular Meeting Draft Minutes 2. October 11, 2023 Special Meeting Draft Minutes 3. June 26, 2024 Special Meeting Draft Minutes 4. March 19, 2025 Regular Meeting Draft Minutes 5. April 29, 2025 Special Meeting Draft Minutes 6. May 21, 2025 Regular Meeting Draft Minutes Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Packet Page 1981 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Draft Minutes FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, JUNE 21, 2023 5:30 PM The Closed Session of the Mayor and City Council of the City of San Bernardino was called to order at 5:32 PM by Mayor Helen Tran on Wednesday, June 21, 2023, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present 5:35 pm Juan Figueroa Council Member, Ward 3 Present Fred Shorett Mayor Pro-Tem, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present Helen Tran Mayor Present Charles E. McNeely Interim City Manager Present Sonia Carvalho City Attorney Present Genoveva Rocha City Clerk Present Perla Lopez Deputy City Clerk Present Mayor Helen Tran Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander Packet Page 1982 Regular Meeting Draft Minutes June 21, 2023 Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M. CLOSED SESSION PUBLIC COMMENT No in person comments. There were remote speakers via Zoom. Paula Plunk, comment was not related to Closed Session. Public Commenter (name unintelligible) commented on the appointment of the City Manager; the candidate should be the resident candidate. The candidate needs to have a strong personality and be an experienced City Manager who cares for this city. CLOSED SESSION A)CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): i.George Luna v. City of San Bernardino, Workers’ Compensation Case Nos. ADJ13592854; ADJ13510564; ADJ13510560; ADJ2913755 and ADJ10411334. ii.Promise Gracia, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2301828 B)PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager The Mayor and City Council convened into Closed Session at 5:37 p.m. 7:00 PM The Regular Open Session Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:04 PM by Mayor Helen Tran on Wednesday, June 21, 2023, at Feldheym Central Library, San Bernardino, CA. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Chris Reinhard of Sandals Church led the Invocation and Council Member Juan Figueroa led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho stated there were several closed session items discussed, but no reportable action from Closed Session. Packet Page 1983 Regular Meeting Draft Minutes June 21, 2023 Mayor and City Council of the City of San Bernardino Page 3 PRESENTATIONS 1.Proclamation for Parks and Recreation Month in the City of San Bernardino – July 2023 (All Wards) Mayor Tran presented the proclamation to Parks and Recreation Director Lydie Gutfeld and various Parks and Recreation staff. 2.Proclamation for Juneteenth Mayor Tran and all members of the City Council presented the proclamation to Micah Baham, Bree Jones, Nate Meadors of Empowerment4US, and Jacquetta Green and Kimberly Bates of GCC Services. 3.San Bernardino County Transportation Authority (SBCTA) Project Updates Presentation was given by Kristi Harris and Paul Melocoton, SBCTA Construction Manager. APPOINTMENTS 4.Library Board Appointment of Randy S. Clyde RESULT: APPROVED LIBRARY BOARD APPOINTMENT OF RANDY S. CLYDE [7-0] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Sandra Ibarra, Council Member, Ward 2 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander, Mayor Tran PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Al Palazzo spoke on his vision for San Bernardino. He also gave a shout to the concert series at Perris Hill Park. Debbie Allen spoke on Dew Farm located in San Bernardino, offering a farmer's training program, to help cultivate the next generation of farmers. Alexandria Jackson spoke on the homeless and her new organization, the Kingdom Haussler. She assists the homeless and supports them. John Shollenberger 7th ward resident, spoke on the legal fees for John Valdivia's lawsuit being paid by the city. He asked the Council to stop paying for his lawsuits. Mike Hartley spoke on the Mayor's Choice Award that existed in the past. This award recognized the people who take care of their yards. He asked to bring this back and recognize those who maintain their property. Dolores Armstead congratulated Parks and Recreation and she reminded citizens to vote. Carlos Dew a business owner spoke on the homeless. He is organizing an event to sleep outside with the homeless for one or two nights. Packet Page 1984 Regular Meeting Draft Minutes June 21, 2023 Mayor and City Council of the City of San Bernardino Page 4 Terry Boykins, Project Fighting Chance, thanked the Parks and Recreation staff for all their work. Spoke on the upcoming event to recognize Ruben Campos on July 15th and the programs offered for children to have a safe place during the summer. Carl Brunmier asked to recognize the Police Department for their work. He also spoke about the increase in fireworks. Treasure Ortiz, 7th ward, spoke on John Valdivia legal fees being paid by the city and the lack of transparency. Nohemi spoke about rent stability, that can help with homelessness. Georgia Lykouretzos asked the Mayor and City Council to help the homeless who were removed from Pioneer Memorial Cemetery and to give them a central location to camp. Lastly, she requested to add a homeless commission to the agenda. Les thanked Council Members Calvin and Reynoso for everything they do and mentioned that Council Member Alexander should have attended the meeting to help support the homeless. At this time, Mayor Tran re-ordered the agenda at 8:05 p.m., pausing Public Comments and proceeding with the Public Hearings – Item No. 22, Item No. 23, and Item No. 24 on the agenda. PUBLIC HEARINGS 22.Proposed Fiscal Year 2023­2024 Annual Action Plan Associated with Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant Programs (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Conduct a second Public Hearing to obtain citizens’ comments on the proposed Fiscal Year 2023-2024 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant Programs; and 2.Approve the Fiscal Year 2023-2024 Annual Action Plan as an application for funding under Community Development Block Grant, Home Investment Partnerships, and Emergency Solutions Grant programs; and 3.Approve the execution of the Subrecipient Agreements with Inland Fair Housing Mediation Board, Asociacion de Emprendedor@s, Nehemiah Charitable Fund, Neighborhood Housing Services of the Inland Empire, Lutheran Social Services of Southern California, Salvation Army, a California Corporation, Community Action Partnership of San Bernardino County, and Family Service Association of Redlands to effectuate the funding allocations outlined in the Fiscal Year 2023-2024 Annual Action Plan; and 4.Authorize the City Manager or designee to take any further actions and execute any further documents as necessary to effectuate the submittal of the HUD Fiscal Year 2023-2024 Annual Action Plan and certification to HUD. Packet Page 1985 Regular Meeting Draft Minutes June 21, 2023 Mayor and City Council of the City of San Bernardino Page 5 Mayor Tran opened the public hearing at 8:05 p.m. Interim Agency Director of Community and Economic Development Mary Lanier gave a presentation to the Mayor and City Council. At this time public comments were heard. There were three public speakers. Keith Benitez, resident of the 7th ward, County Youth Advisory Board, spoke in favor of item 22. Suggested reaching out to hotels and motels to house the homeless, especially with the summer heat coming. Danzel Daniels spoke in favor of item 22. Providing resources for youth and rapid rehousing is another way that will benefit people needing housing. Cheryl Brown spoke in favor of item 22. We need to do more to help the people. The public hearing was closed at 8:18 p.m. Interim Director of Community and Economic Development Lanier noted that the remaining balance for the section 108 loan is $1.9 million. Senior Management Analyst Trina Perez confirmed the correct dollar amount is $217,000 for the public services, and the difference was added to the navigation center and street improvements project. Interim City Manager McNeely advised that staff will be prepared to report back to the council with services that are being provided to the community. RESULT: APPROVED PROPOSED FISCAL YEAR 2023-2024 ANNUAL ACTION PLAN [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Kimberly Calvin, Council Member, Ward 6 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Packet Page 1986 Regular Meeting Draft Minutes June 21, 2023 Mayor and City Council of the City of San Bernardino Page 6 23.Public Hearing and Resolution Confirming Assessments for Delinquent Solid Waste Collection Service Charges on the Property Tax Roll for Fiscal Year 2023­24 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Hold a Public Hearing to consider whether to collect delinquent solid waste collection service charges on the property tax roll for Fiscal Year (FY 2023-24); and 2.Adopt Resolution No. 2023-083 of the Mayor and City Council of the City of San Bernardino, California, adopting the report proposing to have delinquent solid waste collection service charges collected on the tax roll. Mayor Tran opened the public hearing at 8:36 p.m. Agency Director of Public Works Daniel Hernandez gave a presentation to the Mayor and City Council. There were two public speakers. Cheryl Brown, stated that something needs to be done to help seniors. They are on fixed incomes, will lose their homes and become homeless. The city needs to come up with what we can do so they can stay in their homes. Les, said it is unfair that Burrtec is increasing the prices. The restaurant owners should be the ones paying more because they dispose of food every day. The public hearing was closed at 8:44 p.m. There was a discussion as to whether the city could assist residents with paying their delinquent charges. Council Member Reynoso asked if the item can be continued to bring forward a program to assist customer. City Attorney Carvalho responded that the county has deadlines that we need to follow, but staff will need to determine if we are within the time frame. Director Hernandez responded that the deadline is August. Council Member Calvin asked about renters and property owners not paying and not knowing this was happening. Director Hernadez responded that the notices go both to property owners and tenants. Council Member Ibarra added that the lien is placed on the property owner. Council Member Sanchez asked for clarification that the liens are placed on the title of the property owners. He cannot support the gift of public funds, as it was brought up to help property owners. Burrtec has brought up a proposal to have a reduced rate with a smaller bin and senior rate. Packet Page 1987 Regular Meeting Draft Minutes June 21, 2023 Mayor and City Council of the City of San Bernardino Page 7 RESULT: ADOPTED RESOLUTION 2023-083 [5-2] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES:Ben Reynoso, Kimberly Calvin 24.Continuation, to July 19, 2023, of Public Hearing Regarding Solid Waste Rate Increases and Resolution Adopting Rates for Solid Waste Services, Approving Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc., and Finding the Action Exempt from the California Environmental Quality Act Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California execute the following actions: Continue the Proposition 218 Public Hearing to receive comments on the proposed rate increases and Third Amendment to the City’s Exclusive Franchise Agreement for Integrated Solid Waste Collection, Processing and Disposal Services with Burrtec Waste Industries, Inc. (“Burrtec”) to the July 19, 2023, Mayor and City Council Meeting. Public comments were not allowed to be heard because the item is being continued to July 19, 2023. RESULT: APPROVED CONTINUATION OF THE PUBLIC HEARING REGARDING SOLID WASTE RATE INCREASES AND RESOLUTION ADOPTING RATES FOR SOLID WASTE SERVICES TO THE MEETING OF JULY 19, 2023 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander At this time, public comments continued. Clementina Bernal spoke against the increase in the solid waste rate. She wants answers to her questions from the council and staff. Cheryl Brown spoke against the solid waste rate increase. She explained SB 1383 requires composting in the green bin, and she already has the bin, the rates should not increase. At this time, the following remote speakers were heard via Zoom. Kyra Stewart, Family Services Association of Redlands, thanked the council, mayor, and staff for their continued support in their fight on homelessness. They service the city but had to pause their services because of the funding. Council members and the mayor were notified. Packet Page 1988 Regular Meeting Draft Minutes June 21, 2023 Mayor and City Council of the City of San Bernardino Page 8 Public Commenter (name unintelligible) spoke against the State of the City, the developers the city is using for development, and the proposed meeting time change. Louise Robison spoke against the State of the City cost. Christian Flores, community organizer, expressed disappointment regarding the last meeting's rent control item. He asked the council to move forward with implementing a rental assistant plan. He supported item number 22. Mayor Tran reordered the agenda and City Manager Updates was heard. CITY MANAGER UPDATE At this time, Public Information Officer Jeff Kraus provided city-wide updates. Highlights included Assembly Bill 349 advances in legislature, cleaning up the city , The Factorie small business celebrated re-opening, youth from San Bernardino went camping, law enforcement recognitions, and fireworks enforcement event. CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion. Director of Public Works Daniel Hernandez made an announcement that item 18 needed corrections in the background and discussion. San Manuel Band of Mission Indian’s and the funding amount was reversed. RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEMS NO. 8, NO. 9, NO. 12, NO. 13, AND NO. 15 FOR A SEPARATE VOTE [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 5.Amendment No. 2 to the Professional Services Agreement with Spicer Consulting Group (All Wards) Recommendation: It is recommended that the Mayor and City Council, of the City of San Bernardino, California: 1.Authorize the Interim City Manager to execute Amendment No. 2 to the Professional Services Agreement with Spicer Consulting Group (SCG) to increase the purchase order amount by $200,000, to an amount not-to-exceed $741,018, for as-needed consulting services related to Maintenance Assessment District Administration and the formation/annexation of Community Facilities Districts and Assessment Districts; and 2.Authorize exercising the City’s second twelve (12) month extension option, extending the term of the Professional Services Agreement through June 30, 2024. Packet Page 1989 Regular Meeting Draft Minutes June 21, 2023 Mayor and City Council of the City of San Bernardino Page 9 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 6.Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019­1 (Maintenance Services): Annexation No. 35, Tax Zone No. 36 (Starbucks) (Ward 2) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-085 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 35), and authorizing the levy of special taxes therein. RESULT: ADOPTED RESOLUTION 2023-085 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 7.Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019­1 (Maintenance Services): Annexation No. 36, Tax Zone No. 37 (5570 Industrial) (Ward 6) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2023-086 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 36) and authorizing the levy of a special taxes therein. RESULT: ADOPTED RESOLUTION 2023-086 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 8.Professional Service Agreement Award – Consultation Services for Broadband Strategic Master Plan (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Approve a Professional Service Agreement (PSA) with Michael Baker International in the amount of $414,810, to provide consultation services for Broadband Master Plan for the period of June 22, 2023, through October 31, 2024; and 2.Authorize the City Manager, or designee, to take necessary steps to Packet Page 1990 Regular Meeting Draft Minutes June 21, 2023 Mayor and City Council of the City of San Bernardino Page 10 implement and administer the agreement including executing an agreement, amendments, and signing subsequent, necessary, and related documents, to implement the agreement. Council Member Shorett pulled the item for discussion. Council Member Shorett asked staff about the choice of a mid-range bidder and whether the plan addressed 5G. Staff explained the selection was based on qualifications, not just cost, and that while 5G wasn’t included, the fiber installation would support future 5G expansion. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 9. Amendment No. 2 to the Master Agreement with Renne Public Policy Group (RPPG) (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 2 to the agreement between the City of San Bernardino and Renne Public Policy Group (RPPG), to extend and increase the agreement for grant consultation services for an amount not to exceed $86,000 for the extension period of July 1, 2023 through June 30, 2024. Council Member Calvin asked whether grant staff needs to be hired versus outsourcing. Interim City Manager McNeely responded staffing will be discussed in a future meeting. Grant Division Manager Alvarez-Gomez commented that this is a budgeted position, and there have been attempts to hire for this position. Council Member Ibarra asked for clarification on the contract for a whole year and how we are going to gauge the funds received. Grant Division Manager Alvarez-Gomez responded that the contract for a year could be terminated once someone is hired for the position. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Kimberly Calvin, Council Member, Ward 6 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Packet Page 1991 Regular Meeting Draft Minutes June 21, 2023 Mayor and City Council of the City of San Bernardino Page 11 10. Approve the Professional Services Agreement with Kosmont Realty for Real Estate Advisory and Due Diligence Services (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Approve a Professional Services Agreement with Kosmont Realty for Real Estate Advisory and Due Diligence Services; and 2.Authorize the City Manager, or designee, to execute the Professional Services Agreement with Kosmont Realty; and 3.Authorize the Agency Director of Administrative Services to issue a Purchase Order in an amount not to exceed $90,000 to Kosmont Realty. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 11. City Board, Commission, and Citizen Advisory Committee Minutes Approved in April/May 2023 Recommendation: It is recommended that the Mayor and City Council, of the City of San Bernardino, receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in April and May 2023. RESULT: APPROVED STAFF RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 12. Pre­Approval of Mayor and City Council Travel for FY 2023/24 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre-approve travel for elected officials for FY 2023/24 as outlined. Council Member Figueroa asked to add the Innovating Commerce Serving Communities (ICSC) in the motion. RESULT: APPROVED AS AMENDED TO ADD INNOVATING COMMERCE SERVING COMMUNITIES (ICSC) TO THE LIST [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Juan Figueroa, Council Member, Ward 3 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Packet Page 1992 Regular Meeting Draft Minutes June 21, 2023 Mayor and City Council of the City of San Bernardino Page 12 13. 2023 Fireworks Regulatory Fee Rate (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-087 of the Mayor and City Council of the City of San Bernardino, California, setting the 2023 Regulatory Fee Rate of 10% for the sale of "safe and sane" fireworks in the City of San Bernardino. RESULT: ADOPTED RESOLUTION NO. 2023-087 [7-0] MOVER:Sandra Ibarra, Council Member, Ward 2 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 14. Accept the Proposition 64 Public Health and Safety Grant and Issue a Purchase Order to Sicuro Data Analytics LLC (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-088, authorizing: 1.The City Manager to accept the Proposition 64 Public Health and Safety Cohort 3 Grant; and effective July 1st, 2023, 2.The Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget appropriating $3,000,000 in both revenue and expenditures; and, 3.Issue a purchase order to Sicuro Data Analytics LLC. in an amount not to exceed $400,000; and, 4.The Police Department to increase approved staffing by one Management Analyst I. RESULT: ADOPTED RESOLUTION NO. 2023-088 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 15.Contract Change Order Approval – Paul Villasenor and Howard Rowe Libraries Improvements (Ward 1, 7) Recommendation: Adopt Resolution No. 2023-089 of the Mayor and City Council of the City of San Bernardino, California: 1.Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Capital Improvement Plan to record a supplemental appropriation in the amount of $260,401.72 from Library Facilities fund balance and Measure S fund project savings for the Paul Villasenor and Howard Rowe Libraries improvements project; and 2.Approving the Construction Contract Change Order (CCO #1) with US Builders and Consultants in the amount of $440,577.60, for a total contract amount of $796,477.60; and 3.Authorizing project construction, project contingencies, and inspection costs for a total not-to-exceed amount of $907,677.60 for the project; and 4.Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Packet Page 1993 Regular Meeting Draft Minutes June 21, 2023 Mayor and City Council of the City of San Bernardino Page 13 Council Member Reynoso motioned to add funding for changing tables to all the library restrooms. Interim City Manager Charles McNeely responded that the Director of Public Works said there may be enough funding to add changing tables. RESULT: ADOPTED RESOLUTION NO. 2023-089 [7-0] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 16.Agreement with Superior Pavement Markings, Inc. for Area Street Sign Replacement Services (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Maintenance Services Agreement with Superior Pavement Markings, Inc., for area street name sign replacement services and related materials. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 17.Award Design Services Agreement for Guadalupe Field at Sal Saavedra Park Revitalization Project (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of a Design Services Agreement with RHA Landscape Architects Planners, Inc. in the amount of $183,465 for the revitalization of Guadalupe Field at Sal Saavedra Park. RESULT: APPROVED STAFF’S RECOMMENDATION. [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Packet Page 1994 Regular Meeting Draft Minutes June 21, 2023 Mayor and City Council of the City of San Bernardino Page 14 18.Award Design Services Agreement for Speicher Memorial Park Ballfield Improvements (Ward 2) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of a Design Services Agreement with IDS Group, Inc. in the amount of $180,943 for Speicher Memorial Park Ballfield Improvements. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 19.Task Order Issued to Transtech Engineers for Augmented Engineering Services Pursuant to Professional Service Agreement for On­Call Engineering Services (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve a Task Order Transtech002 to Transtech Engineers to provide augmented Capital Improvement Program Programmatic Services pursuant to the approved Professional Services Agreement (PSA) for On-Call Engineering Services and authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $488,880. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander DISCUSSION 20.Approval of the Fiscal Year 2023­24 Operating Budget and Capital Improvement Plan (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Adopt Resolution No. 2023-080 of the Mayor and City Council of the City of San Bernardino, California, approving the City of San Bernardino’s Fiscal Year 2023-24 Operating Budget and Capital Improvement Plan; 2.Adopt annual budgets for Fiscal Year 2023-24; 3.Establish the City’s Appropriations Limit as required by Article XII of the California State Constitution. 4.Adopt Resolution No. 2023-081 of the Mayor and City Council of the City of San Bernardino, California, approving an amendment to the to the city-wide salary schedule for full-time, part-time, temporary, and seasonal positions. Packet Page 1995 Regular Meeting Draft Minutes June 21, 2023 Mayor and City Council of the City of San Bernardino Page 15 The presentation was given by Agency Director of Administrator Services Barbara Whithorn and Budget Division Manager Zuyva Ruiz. Council Member Ibarra expressed concerned about the Cannabis revenue. Agency Director of Administrator Services Whitehorn responded that there will be an RFP for a Cannabis audit for businesses. The reasons for low revenue are not operating online, penalties for late payments are low, and tax rates are also low; for the late payments, penalties will need to be approved by the voters. RESULT: ADOPTED RESOLUTION NO. 2023-080 AND RESOLUTION NO. 2023-081 [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 21.2023 State of the City (All Wards) Recommendation: Adopt Resolution No. 2023-082 of the Mayor and City Council of the City of San Bernardino, California authorizing the Agency Director of Administrative Services to amend the FY 2022/23 operating budget in the amount of $16,000 to facilitate the 2023 San Bernardino State of the City event. Prior to giving a presentation, Mayor Tran announced that there was an error in the report which indicated that Resolution No. 2018-44 approved $16,000 in funding for the 2023 State of the City. This information was incorrect. There was a discussion amongst the Mayor and City Council regarding price, tickets, council’s role and event administration. Council Member Sanchez made a motion to direct staff to facilitate the discussion for the planning of the State of the City event for the July 19, 2023, meeting to agree on funding and topics for the event through collaboration of the Mayor and City Council. RESULT: DIRECTED STAFF TO FACILITATE THE DISCUSSION FOR PLANNING THE STATE OF THE CITY EVENT. SCHEDULE THE DISCUSSION FOR THE JULY 19, 2023, MEETING TO AGREE ON FUNDING AND TOPICS FOR THE EVENT THROUGH COLLABORATION OF THE MAYOR AND CITY COUNCIL. MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Ben Reynoso, Council Member, Ward 5 AYES:Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander Packet Page 1996 Regular Meeting Draft Minutes June 21, 2023 Mayor and City Council of the City of San Bernardino Page 16 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 25.Utilization Coordination Meetings and franchise fee with Southern California Gas Company (All Wards) – Council Member Alexander RESULT: APPROVED ITEM TO BE CONSIDERED FOR FUTURE MEETINGS [7-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Council Member Alexander asked if meetings are being facilitated with Southern California Gas Company. Director of Public Works Hernandez responded that the only meetings are with the water department. Packet Page 1997 Regular Meeting Draft Minutes June 21, 2023 Mayor and City Council of the City of San Bernardino Page 17 26.The Legality of grinding and crushing on site at the Carousel Mall (Ward 1) – Council Member Sanchez City Attorney Carvalho stated a memo was sent via email to the city council explaining the difference between land use not being permitted and activities associated with construction. RESULT: APPROVED ITEM TO BE CONSIDERED FOR FUTURE MEETINGS [7-0] MOVER:Ben Reynoso, Council Member, Ward 5 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander 27.Proposed meeting time change: Closed Session to start at 4:00pm and Open Session to start at 5:30pm (All Wards) - Mayor Tran RESULT: APPROVED ITEM TO BE CONSIDERED FOR FUTURE MEETINGS [6-1] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Sandra Ibarra, Council Member, Ward 2 AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin NOES:Damon Alexander MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included Council Member Ibarra shared she is working to facilitate a meeting with senior housing in her ward. Council Member Figueroa participated in a police ride along and thanked the department for their work. Council Member Calvin thanked various departments and organizations for events including Coffee with a Cop, summer camp, and Juneteenth. She congratulated the Brown Family on 50 years in journalism and the Garcia Center for being named Nonprofit of the Year. She also noted the upcoming tenant workshop and attended several community events. Council Member Alexander congratulated the Drip’d Squad graduates, thanked Code Enforcement, and requested lighting repairs on Valencia. He participated in the Rewritten race, attended Juneteenth events, a law enforcement dinner, and Coffee with a Cop. He highlighted the 66ers’ tribute to the Negro League and the upcoming America the Beautiful concert by the San Bernardino Symphony Orchestra. . Packet Page 1998 Regular Meeting Draft Minutes June 21, 2023 Mayor and City Council of the City of San Bernardino Page 18 ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, June 21, 2023, at 11:13 p.m. The next joint Special meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Monday, June 26, 2023, in the Multipurpose room located at 201 (B) North E Street San Bernardino, California 92410. Open Session will begin at 5:30 p.m. ______________________________ Telicia Lopez, CMC, Acting City Clerk Packet Page 1999 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Draft Minutes FOR THE SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, OCTOBER 11, 2023 9:00 AM The Special Closed Session Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 9:00 a.m. by Mayor Pro Tem Fred Shorett on Wednesday, October 11, 2023, at 201 N E Street 2nd floor multipurpose room San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Council Member, Ward 3 Present Fred Shorett Mayor Pro-Tem, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Present Helen Tran Mayor Present Via Zoom Charles McNeely Interim City Manager Absent Sonia Carvalho City Attorney Present Via Zoom Genoveva Rocha City Clerk Present Mayor Helen Tran Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander Packet Page 2000 Regular Meeting Draft Minutes October 11, 2023 Mayor and City Council of the City of San Bernardino Page 2 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Pro Tem Fred Shorett lead the Pledge of Allegiance to the Flag. CLOSED SESSION PUBLIC COMMENT There were no public comments. CLOSED SESSION A) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Title: Acting City Manager CLOSED SESSION REPORT City Attorney Sonia Carvalho reported that there were no reportable actions. ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, October 11, 2023, adjournment time was not recorded. The Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to the Regular Meeting on Wednesday, October 18, 2023, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. By:_ __ Telicia Lopez, CMC Packet Page 2001 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Draft Minutes For the Special Meeting of the Mayor and City Council of the City of San Bernardino, Mayor and City Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Housing Authority, and Mayor and City Council of the City of San Bernardino Acting as the San Bernardino Joint Powers Financing Authority WEDNESDAY, JUNE 26, 2024 6:45 PM The Special Meeting was called to order at 6:46 PM by Mayor Helen Tran on Wednesday, June 26, 2024, at Feldheym Central Library, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Left 8:48 PM Juan Figueroa Council Member, Ward 3 Present Fred Shorett Mayor Pro-Tem, Ward 4 Present Ben Reynoso Council Member, Ward 5 Absent Kimberly Calvin Council Member, Ward 6 Present Damon L Alexander Council Member, Ward 7 Late 6:50 PM Helen Tran Mayor Present Rochelle Clayton Acting City Manager Present Jason Baltimore Assistant City Attorney Present Genoveva Rocha City Clerk Present Perla Lopez Deputy City Clerk Present Mayor Helen Tran Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander Packet Page 2002 Special Meeting Draft Minutes June 26, 2024 Mayor and City Council of the City of San Bernardino Page 2 6:45 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Robert D. Young from SB Pastors United led the invocation, and Council Member Juan Figueroa led the Pledge of Allegiance to the Flag. PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA Dominic Antunez spoke about the last Mayor and City Council meeting, and the Pledge of Allegiance was not recited. Christian Flores spoke in support of the proposal to increase funding for community development and housing, as well as the general plan. He expressed the importance of developing affordable housing. Hector Flores, Warehouse Workers Resource Center, spoke in support of the proposal to increase funding for community development, housing, and the general plan. He also spoke about the challenges the community faces with the rising cost of rent. Georgia L. spoke about the budget and addressed the lack of support for Animal Services. Lydia Savala spoke and the Animal Services data in the budget, and the need to make the veterinarian position salary competitive. Tania Gonzalez, San Bernardino Airport communities, supported the proposal to increase funding for community development, housing, and the general plan. Sharon Negrete spoke about the budget for animal services and the veterinarian position's salary needing to increase. Alberto Hernandez spoke in support of the proposal to increase funding for community development, housing, and the general plan. Johnny Rodriguez spoke about how the homeless do not want to receive the help that the city offers. PUBLIC HEARING 1. Continuation of June 5, 2024, Public Hearing: Presentation of the City Manager’s Proposed Fiscal Year 2024/25 & Fiscal Year 2025/26 Budget and Approval of the City Manager's FY 2025 & FY 2026 Operating Budget & CIP 2025­2029 (All Wards) Acting City Manager Rochelle Clayton presented the budget item to the Mayor and City Council. She recommended approving an amended recommendation adopting Resolution No. 2024-142 of the Mayor and City Council of the City of San Bernardino, California, approving the City of San Bernardino’s Fiscal Years 2024-25 Operating Packet Page 2003 Special Meeting Draft Minutes June 26, 2024 Mayor and City Council of the City of San Bernardino Page 3 Budget and Capital Improvement Plan; Establish the City’s Appropriations Limit as required by Article XIIB of the California State Constitution; Adopt Resolution No. 2024- 143 of the Mayor and City Council of the City of San Bernardino, California, approving an amendment to the city-wide salary schedule for full-time, part-time, temporary, and seasonal positions; and formally approve any modifications made during the Public Hearing to be incorporated into the City of San Bernardino’s Fiscal Years 2024/25 Operating Budget and Capital Improvement Plan and included as part of the final adopted budgets. The amended recommendation from staff was to change from adopting a biennial budget to a one-year budget, allowing Acting City Manager Clayton time to review the budget and bring back an assessment. Council Member Sanchez requested to review budget by department in reference to the budget book. Council Member Sanchez made several motions amending the staff’s recommendation. This motion was later rescinded. RESULT: REMOVE OF THE ADDITIONAL ADMINISTRATIVE ASSISTANT IN THE MAYOR’S OFFICE [5-1] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Mayor Pro-Tem, Ward 4 AYES:Sanchez, Figueroa, Shorett, Calvin, and Alexander NOES:Sandra Ibarra ABSENT:Ben Reynoso Council Member Sanchez discussed a recommendation regarding the addition of two administrative assistant positions for the Council Office. He made a motion to delay creating the proposed positions, stating the need to remain fiscally responsible and stay within projected revenue limits. The motion was seconded by Council Member Figueroa. Council Member Ibarra made a substitute motion to move forward with creating both positions stating that staffing levels in the Council Office had significantly declined over the years. Council Member Alexander made an amendment to approve only one of the two positions for the time being. Packet Page 2004 Special Meeting Draft Minutes June 26, 2024 Mayor and City Council of the City of San Bernardino Page 4 RESULT: APPROVED ONLY ONE ADDITIONAL ADMINISTRATIVE ASSISTANT IN THE CITY COUNCIL’S OFFICE [4-2] MOVER:Sandra Ibarra, Council Member, Ward 2 SECONDER:Kimberly Calvin, Council Member, Ward 6 AYES:Sanchez, Ibarra, Calvin, and Alexander NOES:Figueroa and Shorett ABSENT:Ben Reynoso The Council discussed the unassigned fund balance, noting it ranged from $4 to $8 million. A proposal was made to set aside $4 million to $5 million annually for five years to fund City Hall redevelopment, whether for demolition or rehabilitation. The City Manager was tasked with bringing back options based on industry standards for reserve policies. Council Member Sanchez asked staff to amend the policy on Budget Transfers. He stated transfers should come before the council for approval. The Council discussed proposed increases in the Mayor’s Office budget, specifically Account 5111 – Materials and Supplies, which was proposed to increase from $2,000 to $9,100. The increase was initially justified by the need to replace furniture and accommodate an additional staff position. However, since the added position was no longer included in the budget, it was agreed to reduce the line item back to $2,000. Other items reviewed included advertising, mileage, printing, copy charges, and postage. The "Civic and Promotional" line, budgeted at $14,960, was discussed in relation to certificate costs. It was noted that all certificates currently go through the Mayor’s Office, but the Council discussed reallocating certificate costs between the Mayor and Council Offices for clarity and shared responsibility moving forward. Council Member Sanchez made a motion to adopt the same funding from the approved Fiscal Year 2023/2024 budget to the new Fiscal Year 2024/2025 for the Mayor’s Office for the following accounts: 5111 materials and supplies, 5121 advertising, 5131 mileage, 5174 printing charges, 5175 postage, 5176 copy machine charges, and 5186 civic and promotional. The motion was seconded by Mayor Pro-Tem Shorett. RESULT: ADOPTED THE SAME FUNDING FROM THE APPROVED FISCAL YEAR 2023/2024 BUDGET TO THE NEW FISCAL YEAR 2024/2025 FOR THE MAYOR’S OFFICE FOR THE FOLLOWING ACCOUNTS: 5111 MATERIALS AND SUPPLIES, 5121 ADVERTISING, 5131 MILEAGE, 5174 PRINTING CHARGES, 5175 POSTAGE, 5176 COPY MACHINE CHARGES, AND 5186 CIVIC AND PROMOTIONAL [5-1] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Mayor Pro-Tem, Ward 4 AYES:Sanchez, Ibarra, Figueroa, and Calvin NOES:Damon Alexander ABSENT:Ben Reynoso Packet Page 2005 Special Meeting Draft Minutes June 26, 2024 Mayor and City Council of the City of San Bernardino Page 5 Council Member Sanchez discussed concerns on the lack of funding for Economic Development and Housing, account 8810 Professional Contractual Service Nuisance Abatement, in the Budget Book, page 62. RESULT: DIRECTED STAFF TO RETURN TO THE COUNCIL WITH THE DETAILED BUDGET ACTION THAT WAS ROLLED OVER, THE RATE OF EXPENDITURES, AND HOW MUCH STAFF RECOMMENDS CONTINUING TO WORK AT THE CURRENT RATE OR FASTER, IF NECESSARY [6-0] MOVER:Theodore Sanchez Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, and Alexander ABSENT:Ben Reynoso Council Member Sanchez inquired about Finance account 0155 Disadvantaged Business Enterprise in the Budget Book, page 67. He asked staff for performance metrics for this program. Council Member Figueroa raised concern about the lack of clear leadership and accountability within the department. This led to questions about the justification for a significant increase in the department’s travel budget. Acting City Manager Clayton stated that staff would bring back more information at a future workshop, with specific certifications that have been issued to the small businesses. Assistant City Attorney Jason Baltimore suggested that the City Council address their budget concerns to staff and allow staff to come back with the necessary information and advised the City Council they could amend the budget in the future. RESULT: DIRECTED STAFF TO RETURN TO THE COUNCIL WITH A FULL VETTING PROCESS FOR THE DISADVANTAGED BUSINESS ENTERPRISE [6-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, and Alexander ABSENT:Ben Reynoso Council Member Calvin stated that the Mayor and City Council have many concerns about the budget being presented. She motioned to conduct a forensic audit and assessment of the budget. Packet Page 2006 Special Meeting Draft Minutes June 26, 2024 Mayor and City Council of the City of San Bernardino Page 6 RESULT: DIRECTED STAFF TO CONDUCT A FORENSIC AUDIT AND ASSESSMENT [6-0] MOVER:Kimberly Calvin, Council Member, Ward 6 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, and Alexander ABSENT:Ben Reynoso Council Member Sanchez directed staff to come back with a comprehensive list of everything regarding Budget Book page 69, accounts 8987: Nerve Center and 8988: Investment Playbook. He also referenced the budget book on page 121 and asked for more information on the position of the Ombudsperson; he would like to unfund the position. He also noted that the Diversity, Equity and Inclusion Officer position had been vacant for some time; he asked for more information on whether this should be a funded position. He also requested that Acting City Manager Clayton assess the City Manager Department’s staffing levels. At this time, Council Member Ibarra left the dais at 8:48 PM. RESULT: DIRECTED ACTING CITY MANAGER TO COME BACK WITH ASSESSMENTS ON THE VARIOUS DIVISIONS AND LINE ITEMS AND RETURN TO THE CITY COUNCIL WITH A RECOMMENDATION [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Damon Alexander, Council Member, Ward 7 AYES:Sanchez, Figueroa, Shorett, Calvin, and Alexander ABSENT:Sandra Ibarra, Ben Reynoso Council Member Sanchez requested more information regarding the following Public Works Department accounts and why they were not funded; 0156: Homeless Encampment, 0978: OPP Grant, 0981: TCU Grant, and 0920: Graffiti Abatement budget book, page 424. Council Member Sanchez made a motion to reconsider his vote for the additional position for the Council Office. Council Member Figueroa seconded the motion. RESULT: APPROVED COUNCIL MEMBERS SANCHEZ RECONSIDERATION OF HIS VOTE FOR THE ADDITIONAL COUNCIL OFFICE POSITION [5-0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Juan Figueroa, Council Member, Ward 3 AYES:Sanchez, Figueroa, Shorett, Calvin, and Alexander ABSENT:Sandra Ibarra, Ben Reynoso Packet Page 2007 Special Meeting Draft Minutes June 26, 2024 Mayor and City Council of the City of San Bernardino Page 7 Council Member Sanchez mentioned that no additional staff be added to the council office at this point. Council Member Figueroa seconded the motion. RESULT: APPROVED NOT ADDING ADDITONAL STAFF FOR THE COUNCIL OFFICE [3-2] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Juan Figueroa, Council Member, Ward 3 AYES:Sanchez, Figueroa, and Shorett NOES:Calvin, Alexander ABSENT:Sandra Ibarra, Ben Reynoso Council Member Sanchez made the motion to adopt the proposed budget with the amendments made by the council. Council Member Figueroa seconded the motion. RESULT: ADOPTED THE PROPOSED AMENDED BUDGET PRESENTED BY ACTING CITY MANAGER CLAYTON WITH THE ADDITIONAL AMENDED ITEMS PROPOSED BY THE CITY COUNCIL, WHICH ELIMINATED ADDITIONAL STAFF IN THE CITY COUNCIL OFFICE AND MAYOR'S OFFICE, AMENDED THE MAYOR'S 2024/25 BUDGET TO REVERT BACK TO THE FUNDING ADOPTED FOR 2023/24. DIRECTED STAFF TO ADDRESS COUNCIL CONCERNS REGARDING THE BUDGET IN AN ASSESSMENT TO BE BROUGHT BACK ON SEPTEMBER 18TH AND ADOPTED RESOLUTION NOS. 2024-142 AND 2024-143. [5- 0] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Juan Figueroa, Council Member, Ward 3 AYES:Sanchez, Figueroa, Shorett, Calvin and Alexander ABSENT:Sandra Ibarra, Ben Reynoso ADJOURNMENT The Special meeting of the Mayor and City Council was adjourned on Wednesday, June 26, 2024, at 9:24 PM. The Mayor and City Council will adjourn to a Regular Meeting to be held on Wednesday, July 3, 2024, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m., and Open Session will begin at 5:00 p.m. By: Telicia Lopez Telicia Lopez, CMC, Acting City Clerk Packet Page 2008 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org DRAFT MINUTES For The Regular Meeting of the Mayor and City Council of the City of San Bernardino, Mayor and City Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Housing Authority, and Mayor and City Council of the City of San Bernardino Acting as the San Bernardino Joint Powers Financing Authority WEDNESDAY, MARCH 19, 2025 3:30 P.M. The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 3:30 p.m. by Mayor Helen Tran on Wednesday, March 19, 2025, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Late 3:40 p.m. Juan Figueroa Mayor Pro-Tem, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Kim Knaus Council Member, Ward 5 Late 3:55 p.m. Mario Flores Council Member, Ward 6 Present Dr. Treasure Ortiz Council Member, Ward 7 Present Helen Tran Mayor Present Bill Gallardo Interim City Manager Present Albert Maldonado Assistant City Attorney Present Telicia Lopez Chief Deputy City Clerk Present Courtney Bowen Deputy City Clerk Present Mayor Helen Tran Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Kim Knaus Mario Flores Dr. Treasure Ortiz Packet Page 2009 Regular Meeting Draft Minutes March 19, 2025 Mayor and City Council of the City of San Bernardino Page 2 3:30 P.M. CLOSED SESSION PUBLIC COMMENT Christian Shaughnessy spoke about Item B and the risk of litigation. He discussed past behavior of Council Members and possibility of censure. CLOSED SESSION A)CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) AND (D)(1): i.Jose Alvarado, et al. v. City of San Bernardino, et al., United States District Court Case No. 5:24-cv-00088 ii.Dennis Houser v. City of San Bernardino, Workers’ Compensation Case No.ADJ15488028 iii.Thomas Shank v. City of San Bernardino, Workers’ Compensation Case No. ADJ15724149 ; ADJ15724051 ; ADJ16655896 ; ADJ15724050 ; ADJ13174538 ; ADH11237727 ; ADJ39990589 ; ADJ1710432 ; ADJ39990589 ; ADJ153836 ; AND ADJ4205384 iv.Sherry, Vasilis v. City of San Bernardino, Workers’ Compensation Case No. ADJ18537573; ADJ18191924; ADJ14378758; and ADJ7270414 v.Michael Paluzzi v. City of San Bernardino, Workers’ Compensation Case No. ADJ16428063; and ADJ16428064 vi.Ronel Newton v. City of San Bernardino, Workers’ Compensation Case No. ADJ16142895; and ADJ12116625 vii.City of San Bernardino v. Arrowhead Lodge No. 896 et al., San Bernardino Superior Court, Case No. CIVSB2221041. B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION (Pursuant to Government Code Section 54956.9(d)(2)): Two (2) Cases C)CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One (1) Case D)PUBLIC EMPLOYEE PERFORMANCE EVALUATION PROCESS (Pursuant to Government Code Section 54957) Titles: City Attorney, City Clerk E)PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Titles: City Manager (Meet with Recruiter) Appointment of Interim City Clerk F)CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative: City Manager or Designee Employee Organization: General Unit – Teamsters Local 1932, Management Confidential Group – SBCMA, Mid Management Unit – Teamsters Local 1932, Police Dispatch Unit – SBPDA, San Bernardino Police Civilian Association – AFSCME Local 4710, Police Management Unit – PMA and Police Safety Unit – SBPOA Packet Page 2010 Regular Meeting Draft Minutes March 19, 2025 Mayor and City Council of the City of San Bernardino Page 3 5:00 P.M. The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:41 PM by Mayor Helen Tran on Wednesday, March 19, 2025, at Feldheym Central Library, San Bernardino, CA. Attendee Name Title Status Arrived INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Mason Jones from Generations Church led the invocation, and Lisa Mahan from Jefferson Hunt Elementary School led the Pledge of Allegiance. CLOSED SESSION REPORT Assistant City Attorney Albert Maldonado announced that the Mayor and City Council had discussed all Closed Session Items except for the first portion of Item E) PUBLIC EMPLOYEE APPOINTMENT: City Manager (Meet with Recruiter) and Item F) CONFERENCE WITH LABOR NEGOTIATOR, which would be brought back at a future meeting. Regarding Item C) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, the Mayor and City Council voted unanimously (Motion by Council Member Shorett, Second by Council Member Sanchez) to initiate litigation in this Code Enforcement receivership action. Regarding the second portion of Item E) PUBLIC EMPLOYEE APPOINTMENT: Appointment of Interim City Clerk, the Mayor and City Council voted unanimously (Motion by Council Member Shorett, Second by Council Member Knaus) to appoint Chief Deputy City Clerk Telicia Lopez as Acting City Clerk, effective April 5, 2025, commensurate with the current City Clerk leaving the City on April 4, 2025. PRESENTATIONS 1.Proclamation for National Senior Games Week in the City of San Bernardino – March 17-23, 2025 (All Wards) Mayor Tran announced that this item was being removed from the agenda and would return to a future meeting, confirmed by Interim City Manager Gallardo. Packet Page 2011 Regular Meeting Draft Minutes March 19, 2025 Mayor and City Council of the City of San Bernardino Page 4 2.Certificate of Recognition for Aquinas Boys Basketball Division 3A CIF Champions (Ward 4) The Mayor and City Council presented certificates to the Aquinas Boys basketball team and their coaches. Council Member Ortiz congratulated the team on their recent championship. Head Coach Daryl Pegram thanked the City for the recognition. 3.Animal Services Department Projects and Programs Update (All Wards) Director of Animal Services Kris Watson provided the update. Key topics included staff training, partnerships with nearby cities, 2024 department statistics, and introduction of new programs at the shelter. CITY MANAGER UPDATE Interim City Manager Bill Gallardo provided the City Manager Update. Highlights included street repairs, renovations at Seccombe Lake park, and new businesses opening in the City. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Richard Mendoza spoke about concerns with illegal truck parking and dust near The Rock Church and school, asking for code enforcement action and better communication. Jim Smith expressed pride in local institutions and appreciation for recent city and animal shelter updates. Al Palazzo shared a personal story and spoke about his commitment to improving San Bernardino through his professional experience. Mike Hartley welcomed the new Interim City Manager, noted improvements in safety, and spoke about the need for more code enforcement. Kim Calvin spoke about the city’s allocation of funds for a recent legal settlement and raised concerns about legal compliance and transparency. Joe Salas encouraged community participation in the new City Manager survey and highlighted the importance of engaging young people and the public. Luis Ojeda spoke about positive police work and highlighted the need for proactive code enforcement regarding absentee property owners. John Shollenberger spoke about accountability related to the handling of investigations and claims. Christian Shaughnessy spoke in support of homelessness efforts by City staff, but suggested that some council members should be investigated. Donald Monti with San Bernardino Development Company informed the council about his company’s previous role in city development and reiterated his commitment to revitalization despite past termination. Packet Page 2012 Regular Meeting Draft Minutes March 19, 2025 Mayor and City Council of the City of San Bernardino Page 5 Georgia L. commented in opposition to the animal services report, questioning reported successes and the leadership’s effectiveness. Lynne Wear spoke in support of emergency preparedness efforts and encouraged neighborhood-level readiness. Rikke Van Johnson spoke about concerns regarding an investigation into city officials and welcomed new city leadership while noting ongoing legal issues. Martha Romero commented about the animal shelter update. She requested additional transparency for the public. Junior Carrillo spoke in honor of a fallen officer and highlighted positive achievements within the police department. Page Miller spoke in support of law enforcement efforts, advocated for homeless care courts, and emphasized improvements in animal services. Lydia Savala questioned the accuracy and transparency of animal shelter data and spoke about the need for better documentation. Tammy Valdivia commented about concerns in the handling of an emaciated dog case and the enforcement of spay/neuter laws. Dima Giedraitis spoke about animal euthanasia practices and suggested donating animal cadavers for science. Jan Robinson expressed concerns regarding city leadership and the use of investigations, urging citizens to remain aware. Christopher Chebeleu informed about a local parking issue involving commercial zoning and narrow streets. CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion. RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NO. 9 FOR A SEPARATE VOTE [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Treasure Ortiz, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz 4.Approval to allocate $600,000 from the General Fund for a Rapid Rehousing Program in partnership with the Salvation Army (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: Packet Page 2013 Regular Meeting Draft Minutes March 19, 2025 Mayor and City Council of the City of San Bernardino Page 6 1. Approve Resolution No. 2025 -265 to amend the FY 2024/2025 Operating Budget, authorizing the allocation of $600,000 from the General Fund’s fund balance for Rapid Rehousing Services. 2. Approve The Salvation Army as the single-source provider for Rapid Rehousing Services, based on their expertise and established infrastructure. 3. Authorize the City Manager or designee to execute a Professional Services Agreement (PSA) with The Salvation Army for the Rapid Rehousing Program, including any necessary amendments, extensions, or related documents. RESULT: ADOPTED RESOLUTION 2025-265 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Treasure Ortiz, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz 5.Right of Entry Agreement with BNSF Railway Company (Ward 1 and 6) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve a Right of Entry Agreement with BNSF Railway Company; and authorize the City Manager to execute the Right of Entry Agreement in order to carry out certain maintenance and improvement obligations related to the BNSF Ono Lead Track Extension Project Completion Agreement. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Treasure Ortiz, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz 6.Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for December 2024 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for December 2024. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Treasure Ortiz, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz Packet Page 2014 Regular Meeting Draft Minutes March 19, 2025 Mayor and City Council of the City of San Bernardino Page 7 7.Receive and File the City’s Annual Comprehensive Financial Report (ACFR) and Popular Annual Financial Report (PAFR) for the Year Ended June 30, 2024 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file City’s Annual Comprehensive Financial Report (ACFR) and Popular Annual Financial Report (PAFR) for the Year Ended June 30, 2024. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Treasure Ortiz, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz 8.Authorize a Lease Agreement with Mobile Modular Management Corporation for the Verdemont Community Center for a Total Amount Not to Exceed $47,825.95 (Ward 5) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager to enter into a new agreement with Mobile Modular Management Services for the lease and extension of the Verdemont Community Center (temporary) building for a period of 12 months at a monthly cost not to exceed $1,944.47. 2. Authorize the Director of Finance and Management Services to issue an annual purchase order to Mobile Modular Management Corporation in the amount of $47,825.95 with four option years to be exercised at the City’s discretion for the lease agreement. This amount includes $24,492.31 for payment of prior-year monthly leasing fees incurred due to staff oversight resulting from personnel turnover. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Treasure Ortiz, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz Packet Page 2015 Regular Meeting Draft Minutes March 19, 2025 Mayor and City Council of the City of San Bernardino Page 8 9.Award an Agreement to Resource Environmental, Inc. to Demolish and Abate the property located at 796 E. 6th Street to prepare the site for construction of the future Navigation Center for a Total Amount Not to Exceed $177,200 (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Authorize the City Manager or designee to approve the award of an agreement with Resource Environmental, Inc., in the amount of $177,200 for abatement of hazardous materials and demolition of the existing School of Hope buildings; and, 2. Authorize the Director of Finance and Management Services to approve contingencies in the amount of $35,440 for unforeseen conditions that may arise during the abatement or demolition processes, for a total not to exceed budget of $212,640.00; and, 3. Authorize the City Manager or designee to execute all documents with Resource Environmental, Inc.; and, 4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Treasure Ortiz, Council Member, Ward 7 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz 10.Award of Construction Agreement to Prestige Paving Company Inc., for the Re- Paving of the Ruben Campos Community Center Parking Lot for a Total Amount Not to Exceed $292,993.27 (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California: 1. Approve the award of a Construction Agreement with Prestige Paving Company Inc., in the amount of $244,161.06 for the Re-Paving of the Ruben Campos Community Center Parking Lot (Project); and 2. Authorize construction contingencies, construction management, and administrative costs in the total amount of $48,832.21 for construction of the project; and 3. Authorize the City Manager or designee to execute all documents with Prestige Paving Company Inc.; and 4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project; and 5. Find the Project exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15302 (“Replacement or Reconstruction”). Packet Page 2016 Regular Meeting Draft Minutes March 19, 2025 Mayor and City Council of the City of San Bernardino Page 9 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Treasure Ortiz, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz 11.Approval of Task Order Number 002 to Rick Engineering for a total amount not to exceed $70,260 for Design Services on the Pepper Street Storm Drain from Lynwood Drive South to Piedmont Drive (Lynwood Drive Storm Drain) (Ward 4) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2025-266: 1. Approving Task Order Number 002 with Rick Engineering Company, Inc,. in the amount of $58,550.00 for Storm Drain design services for Pepper Street Storm Drain from Lynwood Drive South to Piedmont Drive (Lynwood Drive Storm Drain) Project; and 2. Authorizing design contingencies, project management, and administrative costs in the amount of $11,710.00; and 3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 Capital Improvement Plan by re-allocating $70,260.00 from the Storm Drain Upgrade project to the Pepper Street Storm Drain from Lynwood Drive South to Piedmont Drive (Lynwood Drive Storm Drain) Project; and 4. Authorizing the City Manager or designee to execute an all documents necessary for the Task Order with Rick Engineering Company; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED RESOLUTION NO. 2025-266 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Treasure Ortiz, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz Packet Page 2017 Regular Meeting Draft Minutes March 19, 2025 Mayor and City Council of the City of San Bernardino Page 10 12.Approval of Task Order Number 003 with Rick Engineering for Design Services for Baldridge Canyon Drive Storm Improvements (Pleasant Hill Drive Storm Drain) from Baldridge Canyon Drive to Drainage Channel for a Total Amount Not to Exceed $126,060 (Ward 4) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025-267: 1. Approving Task Order Number 003 with Rick Engineering Company, Inc,. in the amount of $57,300.00 for design services for Baldridge Canyon Drive Storm Improvements (Pleasant Hill Drive Storm Drain) from Baldridge Canyon Drive to Drainage Channel (Project); and 2. Authorizing design contingencies, project management, and administrative costs in the amount of $11,460.00; and 3. Authorizing the Interim Director of Finance and Management Services to amend the FY 2024/25 Capital Improvement Plan by re-allocating $68,760.00 from the Storm Drain Upgrade project to the Baldridge Canyon Drive Storm Improvements (Pleasant Hill Drive Storm Drain) from Baldridge Canyon Drive to Drainage Channel project; and 4. Authorizing the City Manager or designee to execute an all documents necessary for the Task Order with Rick Engineering Company; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. RESULT: ADOPTED RESOLUTION NO. 2025-267 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Treasure Ortiz, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz DISCUSSION 13.Fiscal Year 2024/25 Mid-Year Financial Update (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California receive and file the Fiscal Year 2024/25 Mid-Year Financial Update. Finance and Management Services Interim Director C. Jeannie Fortune, Budget Division Manager Zuyva Ruiz, and Interim City Manager Bill Gallardo presented the financial update. Council Members discussed the staff class and compensation study, the Fiscal Reserve policy, and fiscal responsibility regarding the general fund balance. Packet Page 2018 Regular Meeting Draft Minutes March 19, 2025 Mayor and City Council of the City of San Bernardino Page 11 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Treasure Ortiz, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 14.Establishing a Homelessness Initiatives Community Committee (All Wards) (Council Member Ortiz) RESULT: APPROVED TO BE INCLUDED ON A FUTURE AGENDA [7-0] MOVER:Mario Flores, Council Member, Ward 6 SECONDER:Juan Figueroa, Council Member, Ward 3 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included upcoming Town Hall meetings, and condolences to the family of Deputy Hector Cuevas Jr., who was a law enforcement officer that lost his life in the line of duty. Council Members Figueroa and Flores attended the National League of Cities Conferences in Washington, D.C. ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, March 19, 2025 at 8:15 p.m. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to the next Regular Meeting on Wednesday, April 2, 2025, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m., and Open Session will begin at 5:00 p.m. Telicia Lopez, CMC, Acting City Clerk Packet Page 2019 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org DRAFT MINUTES For The Special Meeting of the Mayor and City Council of the City of San Bernardino, Mayor and City Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Housing Authority, and Mayor and City Council of the City of San Bernardino Acting as the San Bernardino Joint Powers Financing Authority TUESDAY, APRIL 29, 2025 5:30 P.M. The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 p.m. by Mayor Helen Tran on Tuesday, April 29, 2025, at the Multi-Purpose Room, 201 N. E St., 2nd Floor, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Late 5:34 p.m. Sandra Ibarra Council Member, Ward 2 Late 5:37 p.m. Juan Figueroa Mayor Pro-Tem, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Kim Knaus Council Member, Ward 5 Present Mario Flores Council Member, Ward 6 Present Dr. Treasure Ortiz Council Member, Ward 7 Present Helen Tran Mayor Present Bill Gallardo Interim City Manager Present Sonia Carvalho City Attorney Present Telicia Lopez Acting City Clerk Present Courtney Bowen Deputy City Clerk Present Mayor Helen Tran Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Kim Knaus Mario Flores Dr. Treasure Ortiz Packet Page 2020 Special Meeting Draft Minutes April 29, 2025 Mayor and City Council of the City of San Bernardino Page 2 5:30 PM PLEDGE OF ALLEGIANCE Mayor Pro-Tem Juan Figueroa led the Pledge of Allegiance to the Flag. PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA Dolores Armstead spoke in support of Council Member Ortiz’s claim and criticized the City Manager recruitment process. John Shollenberger expressed support for Council Member Ortiz, stating she is truthful and has been wronged, and that she remains a champion of truth for the community. Christian Shaughnessy also spoke in support of Council Member Ortiz. Kimberly Calvin criticized the City Manager recruitment process and spoke in support of Council Member Ortiz’s claim. Luis Ojeda stressed the importance of a balanced city budget, advocated for reviving community events like SB Food Fest, and supported returning to a “strong mayor” government. Erick Marquez acknowledged that the recent City Manager recruitment meeting may have been legal, but it went against community expectations. Natalia Saca, Regional Policy Advocate for the Coalition for Humane Immigrant Rights, requested city funding for immigrant support services, community education, and greater inclusion in city programs. ‘Scott’ stated that meetings can legally proceed without the mayor, as long as there is a quorum. He also highlighted the value of community gardens and urged the city to invest in them. Ivan Garcia expressed interest in understanding Council Member roles, stressed the need for departmental improvements and a permanent City Manager, and called for increased funding for long-delayed infrastructure repairs. The Mayor and City Council convened into Closed Session at 5:55 p.m. CLOSED SESSION A) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager (Interviews) B) LIABILITY CLAIM (Pursuant to Government Code Section 54961) Claimant: Treasure Ortiz The Mayor and City Council returned to Open Session at 8:49 p.m. Packet Page 2021 Special Meeting Draft Minutes April 29, 2025 Mayor and City Council of the City of San Bernardino Page 3 CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Mayor Pro-Tem, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Kim Knaus Council Member, Ward 5 Present Mario Flores Council Member, Ward 6 Present Dr. Treasure Ortiz Council Member, Ward 7 Present Helen Tran Mayor Present Bill Gallardo Interim City Manager Present Sonia Carvalho City Attorney Present Telicia Lopez Acting City Clerk Present Courtney Bowen Deputy City Clerk Present CLOSED SESSION REPORT City Attorney Sonia Carvalho announced that there was no reportable action from Closed Session. DISCUSSION 1) Fiscal Year 2025/26 Budget Workshop (All Wards) The Mayor and City Council heard a presentation by Interim City Manager Bill Gallardo, Interim Director of Financial and Management Services Jeannie Fortune, and Budget Division Manager Zuyva Ruiz, and City Engineer Azzam Jabsheh about the upcoming 2025/26 Budget. Key points included the economic landscape, reserve funds, and an upcoming 6-month hiring deferral. The Mayor and City Council, by general consensus, directed staff to schedule a second Budget Workshop for May 22, 2025 at 5:30 p.m. Interim City Manager Gallardo confirmed that the existing Budget Calendar could be modified to hold the Budget Public Hearing and Adoption at the June 4, 2025 Regular Meeting, following the second Budget Workshop. ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Tuesday, April 29, 2025 at 9:42 p.m. to the next Regular Meeting on Wednesday, May 7, 2025, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m., and Open Session will begin at 5:00 p.m. Telicia Lopez, CMC, Acting City Clerk Packet Page 2022 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org Mayor Helen Tran Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Kim Knaus Mario Flores Dr. Treasure Ortiz Draft Minutes FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, MAY 21, 2025 3:30 P.M. The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 3:30 p.m. by Mayor Helen Tran on Wednesday, May 21, 2025, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Late 3:50 p.m. Juan Figueroa Mayor Pro-Tem, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Kim Knaus Council Member, Ward 5 Present Mario Flores Council Member, Ward 6 Late 3:34 p.m. Dr. Treasure Ortiz Council Member, Ward 7 Present Helen Tran Mayor Present Bill Gallardo Interim City Manager Present Albert Maldonado Assistant City Attorney Present Telicia Lopez Acting City Clerk Present Courtney Bowen Deputy City Clerk Present Packet Page 2023 Regular Meeting Draft Minutes May 21, 2025 Mayor and City Council of the City of San Bernardino Page 2 3:30 P.M. CLOSED SESSION PUBLIC COMMENT Kimberly Calvin spoke in support of Treasure Ortiz’s claim, Item A(ii). Prior to convening to Closed Session, Council Member Ortiz announced that she would be recusing herself from Item A(ii) of the agenda, due to being the subject of the claim. CLOSED SESSION A)CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): i) Notice of Claim, Alejandrina and Jose Trujillo, dated September 26, 2023, Claim No. GHC0063298 ii)Notice of Claim, Treasure Ortiz, dated March 28, 2025, Claim No. GHC0082770 B)CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): i)Agency Designated Representative: City Manager or Designee Employee Organization: General Unit – Teamsters Local 1932, Management Confidential Group – SBCMA, Mid Management Unit – Teamsters Local 1932, Police Dispatch Unit – SBPDA, San Bernardino Police Civilian Association – AFSCME Local 4710, Police Management Unit – PMA and Police Safety Unit – SBPOA ii) Agency Designated Representative: City Attorney or other Mayor and City Council Designee. Unrepresented Employee: City Manager 5:00 P.M. The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:02 p.m. by Mayor Helen Tran on Wednesday, May 21, 2025, at Feldheym Central Library, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Theodore Sanchez Council Member, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Mayor Pro-Tem, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Kim Knaus Council Member, Ward 5 Present Mario Flores Council Member, Ward 6 Present Dr. Treasure Ortiz Council Member, Ward 7 Present Helen Tran Mayor Present Bill Gallardo Interim City Manager Present Albert Maldonado Assistant City Attorney Present Telicia Lopez Acting City Clerk Present Courtney Bowen Deputy City Clerk Present Packet Page 2024 Regular Meeting Draft Minutes May 21, 2025 Mayor and City Council of the City of San Bernardino Page 3 INVOCATION AND PLEDGE OF ALLEGIANCE Bishop Tupe Tupe of the Church of Jesus Christ of Latter-Day Saints lead the invocation and Penelope Cortez from Kendall Elementary School lead the Pledge of Allegiance. CLOSED SESSION REPORT Assistant City Attorney Albert Maldonado announced that there was no reportable action from Closed Session. PRESENTATIONS 1.Proclamation for National Public Works Week in the City of San Bernardino – May 18–25, 2025 (All Wards) The Mayor and City Council presented the proclamation to Public Works and Operations and Maintenance Directors and Staff. Recognition was also given to retiree Roberto Lopez for his 45 years of service to the City. APPOINTMENTS There was consensus amongst the Mayor and City Council to vote on the appointments in a single motion. 2.Library Board Re­Appointment of Valerie A. Lichtman Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the re-appointment of Ms. Valerie A. Lichtman to the Library Board. Ms. Lichtman will serve with a term ending in May 2029. Council Office staff has verified the appointee is a registered voter within the City. RESULT: APPROVED THE APPOINTMENT OF VALERIE A. LICHTMAN [8-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Treasure Ortiz, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz, Tran NOES:None 3.Library Board Re­Appointment of Carolyn A. Tillman (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the re-appointment of Ms. Carolyn A. Tillman to the Library Board. Ms. Tillman will serve with a term ending in May 2029. Council Office staff has verified the appointee is a registered voter within the City. RESULT: APPROVED THE APPOINTMENT OF CAROLYN A. TILLMAN [8-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Treasure Ortiz, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz, Tran NOES:None Packet Page 2025 Regular Meeting Draft Minutes May 21, 2025 Mayor and City Council of the City of San Bernardino Page 4 4.Library Board Appointment of Danielle Sanchez (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Danielle Sanchez to the Library Board. Ms. Sanchez will replace the seat left vacant with the resignation of Ms. Jennifer Grant. Ms. Sanchez will serve with a term ending in May 2029. Council Office staff has verified the appointee is a registered voter within the City. RESULT: APPROVED THE APPOINTMENT OF DANIELLE SANCHEZ [8-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Treasure Ortiz, Council Member, Ward 7 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz, Tran NOES:None Appointees Lichtman and Tillman were not present. The Mayor and City Council presented the Library Board Appointment to Danielle Sanchez. Acting City Clerk Telicia Lopez administered the Oath of Office. CITY MANAGER UPDATE Interim City Manager Bill Gallardo provided the City Manager Update. Highlights included the new fire station #226, the Homeless Point-In-Time count, and congratulations to local college graduates. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Curtis Goss, professor at San Bernardino Valley College, shared that the college received a community health grant from The LA84 Foundation and requested city support to implement free youth clinics for grades 3–8. Lydia Savala expressed frustration over lack of progress in animal services and called for leadership changes and better use of existing resources. Al Palazzo offered ideas to improve San Bernardino’s culture and youth support, volunteering to take on city roles at a reduced cost and honored his brother, the late Ruben Juarez, for his city service. Mike Hartley spoke about code enforcement and urged the City Council to make real changes using the budget. Joe Salas spoke in opposition to changing parliamentary rules and praised the Verdemont Neighborhood Association's vision for 2025. Erick Marquez spoke about the recall process, parliamentary rules, and fireworks enforcement. Luis Ojeda expressed optimism about recent city improvements, thanked Public Works, and encouraged continued progress and accountability. Packet Page 2026 Regular Meeting Draft Minutes May 21, 2025 Mayor and City Council of the City of San Bernardino Page 5 Kim Calvin commented about homelessness programs, council procedures, and downtown development. Georgia L. spoke about the animal shelter’s handling of animals and demanded leadership change and free spay/neuter services. Clementina Pina-Bernal spoke against Burrtec trash rate increases and called for clearer communication and more accessible meetings. Dolores Armstead urged strategic city planning, questioned the city’s legal service process, and asked for clarity on city rules and neighborhood updates. John Shollenberger commented on council behavior during legal services discussions and urged the council to be more constructive. Barbara Sky recounted a recent disrupted neighborhood meeting. “Less” spoke about Zoom public comments and asked for transparency, fire safety planning, and ethical endorsements. Damon Alexander reminded the council of the true meaning of Memorial Day and honored military service members for their sacrifice. Sharon Negrete commented on the euthanasia of animals and demanded immediate proactive action to prevent further cruelty. Prior to voting on the Consent Calendar, Interim City Manager Gallardo announced that staff would be pulling Item No. 13 from the Consent Calendar for further discussion and to provide a presentation. CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion. RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NOS. 5 AND 13 FOR FURTHER DISCUSSION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES:None Packet Page 2027 Regular Meeting Draft Minutes May 21, 2025 Mayor and City Council of the City of San Bernardino Page 6 5.Approval of Various Mayor and City Council Meeting Minutes (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates: 1. December 4, 2024 Regular Meeting of the Mayor and City Council 2. January 8, 2025 Special Meeting of the Mayor and City Council 3. February 10, 2025 Special Meeting of the Mayor and City Council 4. April 8, 2025 Special Meeting of the Mayor and City Council Council Member Ortiz inquired about how far back the backlog of minutes goes. Acting City Clerk Lopez stated that various minutes are currently being processed from the years 2020-2024. She advised that individuals may view the meeting videos or the Annotated Agenda for more information on each meeting. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Treasure Ortiz, Council Member, Ward 7 SECONDER:Mario Flores, Council Member, Ward 6 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES:None 6.Irrevocable Agreement to Annex No. 2025­382 (Ward 4) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2025-287, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 912 Melrose Drive, San Bernardino, California, within the unincorporated territory of Arrowhead Farms of San Bernardino County; and authorizing the City Manager to execute an Irrevocable Agreement to Annex. RESULT: ADOPTED RESOLUTION NO. 2025-287 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES:None 7.Irrevocable Agreement to Annex No. 2025­383 (Ward 6) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2025-288, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 19407 Cajon Boulevard, San Bernardino, California, within the unincorporated territory of San Bernardino County; and authorizing the City Manager to execute an Irrevocable Agreement to Annex. Packet Page 2028 Regular Meeting Draft Minutes May 21, 2025 Mayor and City Council of the City of San Bernardino Page 7 RESULT: ADOPTED RESOLUTION NO. 2025-288 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES:None 8.Irrevocable Agreement to Annex No. 2025­384 (Ward 6) Recommendation: It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2025-289 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 3737 Duffy Street, San Bernardino, California, (APN 0267-041-16) within the unincorporated territory of San Bernardino County; and authorizing the City Manager to execute an Irrevocable Agreement to Annex. RESULT: ADOPTED RESOLUTION NO. 2025-289 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES:None 9.Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for February 2025 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for February 2025. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES:None 10.Investment Portfolio Report for February 2025 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for February 2025. Packet Page 2029 Regular Meeting Draft Minutes May 21, 2025 Mayor and City Council of the City of San Bernardino Page 8 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES:None 11.Fiscal Year 2025­26 Assessment Levies for Previously Formed Assessment Districts (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the following Resolutions, declaring intention to levy and collect assessments for Fiscal Year 2025-26 within various assessment districts within the City of San Bernardino, approving Engineer’s Reports for each assessment district and providing notice of the time and place of the public hearing on July 16, 2025 on proposed assessments in each assessment district: 1.Resolution No. 2025-290 for Assessment Districts Nos. 951 (Zone 1), 951 (Zone 2), 952 (Zones 1, 2, and 2A), 952 (Zone 3), 953, 956, 959 (Zone 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016; and 2.Resolution No. 2025-291 for Assessment District Nos. 1017, 1019, 1020, 1023 and 1024; and 3.Resolution No. 2025-292 for Assessment District No. 1022 and Zones 1, 2 and 3 thereof; and 4.Resolution No. 2025-293 for Assessment District Nos. 1025 and 1027; and 5.Resolution No. 2025-294 for Assessment District Nos. 1028, 1029, 1030, 1031,1032, 1035 (Zone 1), 1035 (Zone 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (Zone 1), 1043 (Zone 2), 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068. RESULT: ADOPTED RESOLUTION NOS. 2025-290, 2025-291, 2025-292, 2025-293, AND 2025-294 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES:None Packet Page 2030 Regular Meeting Draft Minutes May 21, 2025 Mayor and City Council of the City of San Bernardino Page 9 12.Review of Administrative Budget Transfers From January 1, 2025 Through March 31, 2025 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and file all listed administrative budget transfers from January 1, 2025, through March 31, 2025. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES:None 13.American Rescue Plan Update (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file a report on the American Rescue Plan Act (ARPA) funds allocation and expenditures to date. RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES:None 14.Acceptance and Approval of an Amendment for Additional Funds to Older Californians Nutrition Program Grant Award FY 2024/25 in the amount of $33,494 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-295: 1. Authorizing the City Manager to approve a 2024/2025 Budget Amendment for the Older Californians Nutrition Program grant through the Department of Aging and Adult Services – Public Guardian (DAAS-PG); and 2. Authorizing the City Manager to accept the amended 2024/2025 Congregate Meal Program Grant Budget in the amount of an additional $33,494 (Total Award of $426,035); and 3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant budget awards; and 4. Approving certain related change orders to purchase orders to Sysco Foods (Total $225,600) and Hollandia Dairy (Total $26,500) for continued operation of the Older Californians Nutrition Program; and 5. Authorizing the Director of Finance and Management Services to amend the grant funds for the period of July 1, 2024, through June 30, 2025. Packet Page 2031 Regular Meeting Draft Minutes May 21, 2025 Mayor and City Council of the City of San Bernardino Page 10 RESULT: ADOPTED RESOLUTION NO. 2025-295 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES:None 15.Adopt Resolution No. 2025 ­296 Authorizing the Acceptance, Obligation, and Expenditure of Allocated Citizens’ Option for Public Safety (COPS) Funds in the Amount of $678,501.23 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-296: 1. Authorizing the acceptance of the full FY 2024/25 Citizens' Option for Public Safety (COPS) funds in the amount of $678,501.23, authorizing the Director of Finance and Management Services to amend the FY 2024/25 Operating Budget accordingly; and 2. Authorizing the Police Department to encumber and expend the allocated Citizens’ Option for Public Safety (COPS) funds for FY 2024/25. RESULT: ADOPTED RESOLUTION NO. 2025-296 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES:None 16.Adoption of Ordinance No. MC­1651 Amending Chapter 10.52 of the San Bernadino Municipal Code to Update the Existing Speed Zones City Wide (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1651 amending Chapter 10.52 (Final Reading) of the San Bernadino Municipal Code to update existing speed zones city wide. RESULT: ADOPTED ORDINANCE NO. MC-1651 [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES:None Packet Page 2032 Regular Meeting Draft Minutes May 21, 2025 Mayor and City Council of the City of San Bernardino Page 11 17.Memorandum of Understanding (MOU) with County of San Bernardino for Street Maintenance and Repairs and Flood Control Facilities Maintenance and Repairs (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino California: 1.Authorize the City Manager or designee to approve and execute the Memorandum of Understanding (MOU) with the County of San Bernardino for Street Maintenance and Repairs; and 2.Authorize the City Manager or designee to approve and execute the Memorandum of Understanding (MOU) with the County of San Bernardino for Flood Control Facilities Maintenance and Repairs RESULT: APPROVED STAFF’S RECOMMENDATION [7-0] MOVER:Fred Shorett, Council Member, Ward 4 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES:None DISCUSSION 18.Award Professional Services Agreement Between the City of San Bernardino and Helping Hearts California, LLC/Helping Hearts Hulen, LLC for the Operation of the SB HOPE Campus in an amount not to exceed $2,395,075 for Phase 1 and $300,000 for Phase 2 and annually thereafter (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Authorize the City Manager to Execute a Professional Services Agreement with Helping Hearts California, LLC in the amount not to exceed $2,395,075 for Phase 1 shelter and recuperative care operations at SB HOPE Campus and an estimated $300,000 for Phase 2 operations and annually thereafter if required; and 2.Adopt Resolution No. 2025 -297 to amend the Fiscal Year 2024 -2025 Operating Budget authorizing the allocation of $2,395,075 from Permanent Local Housing Allocation funds for the operations of the SB HOPE Campus; and 3.Authorize the Director of Finance and Management Services to amend the FY2024/2025 Adopted budget for the appropriation of $2,395,075 in both revenues and expenditures; and 4.Authorize the City Manager or designee to take any further actions and execute any further agreements or documents as necessary to implement operations at SB HOPE Campus. Packet Page 2033 Regular Meeting Draft Minutes May 21, 2025 Mayor and City Council of the City of San Bernardino Page 12 Deputy Director of Housing & Homeless Services Cassandra Searcy provided some updates for this item: 1. There was a correction made to the name of the vendor. It should be referred to as “Helping Hearts Hulen”; 2. The staff report indicated that the navigation center would be built in phases; however, it would be constructed in its entirety, then operated in two phases. 3. Slides were added to the PowerPoint presentation. The corrected information was provided to the Mayor and City Council and copies were made available to the public. Public Works Director Lynn Merrill presented this item, providing updates regarding construction and design of the SB HOPE Campus (aka “Navigation Center”). He advised that a request for proposals was anticipated to be released by approximately August 4, 2025 and construction commencing in November 2025. Representatives from “Helping Hearts Hulen” also contributed to the conversation. Council Members discussed forming regional partnerships with nearby cities and San Bernardino County, to exchange services and help to offset costs. Interim City Manager Gallardo advised that once the costs were finalized later in 2025, the City could begin to have those discussions. RESULT: ADOPTED RESOLUTION NO. 2025-297 AND DIRECTED STAFF TO EXPLORE OPTIONS FOR PARTNERSHIP AND COLLABORATION WITH OTHER AGENCIES [7-0] MOVER:Treasure Ortiz, Council Member, Ward 7 SECONDER:Theodore Sanchez, Council Member, Ward 1 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES:None ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 19.Review and provide direction on the development of the City’s 2024­2025 and 2025­ 2026 Legislative Platform to guide advocacy efforts at the state and federal levels (All Wards) – (Council Member Knaus) RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [7-0] MOVER:Kim Knaus, Council Member, Ward 5 SECONDER:Sandra Ibarra, Council Member, Ward 2 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES:None Packet Page 2034 Regular Meeting Draft Minutes May 21, 2025 Mayor and City Council of the City of San Bernardino Page 13 20.Consider approval of Rosenberg’s Rules of Order (All Wards) – (Council Member Sanchez) RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-1] MOVER:Theodore Sanchez, Council Member, Ward 1 SECONDER:Fred Shorett, Council Member, Ward 4 AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores NOES:Ortiz MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor and City Council provided updates to the community. Key topics included recent neighborhood association meetings and upgrades to Tom Minor Park. Council Member Ortiz and Mayor Tran attended the International Council of Shopping Centers conference in Las Vegas. Mayor Tran attended the City-County Conference. ADJOURNMENT The meeting of the Mayor and City Council was adjourned on Wednesday, May 21, 2025 at 7:47 p.m. in honor of former employees Scheri Newbery and Ruben Juarez. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to the Special Meeting on Thursday, May 22, 2025, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California. Open Session will begin at 5:30 p.m. Telicia Lopez, CMC Acting City Clerk Packet Page 2035 2 8 4 4 CONSENT CALENDAR City of San Bernardino Request for Council Action August 20, 2025 Honorable Mayor and City Council Members Gabriel Elliott, Director of Community Development & Housing; Eric Levitt, City Manager Community Development & Housing Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-355, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance abatements. Executive Summary Chapter 8 of the San Bernardino Municipal Code (SBMC) requires Council approval to lien unpaid costs associated with Code Enforcement abatement of hazardous conditions. This allows the City to recover unpaid costs of abatement upon the respective parcels of land as they are shown upon the last available assessment roll. The unpaid bills represent a General Fund impact in the amount of $88,417.51. The City initiated abatement and securement of properties, followed up with proper billing provided to the owners and interested parties for costs incurred by the City. The billing notices also included the right to appeal said costs. Approval of the Resolution to lien the unpaid costs associated with these abatements is intended to recover the City costs paid for the abatement of the properties. Background On October 5, 2015, the Mayor and Common Council adopted Ordinance MC-1418, which repealed San Bernardino Municipal Code Chapters 3.68 and 8.27 and amended Chapter 8.30. On September 18, 2019, the Mayor and City Council adopted Ordinance MC-1521, which made further revisions to Chapter 8.30. These changes have streamlined the process of abating public nuisances on properties and imposing liens to enable the City to recover costs for abating nuisances. Packet Page 2036 2 8 4 4 Discussion SBMC Section 8.30.050 requires adoption of a Resolution to assess unpaid costs of abatement as liens upon the respective parcels of land as they are shown the last available assessment roll. All affected property owners identified on the Abatement Assessments list have been notified through regular and certified mail of the respective abatement costs per SBMC 8.30.023. Further, affected property owners were also issued a Notice of Summary Abatement with the option to schedule a hearing per SBMC 8.30.045 and have also been advised of their right to appeal said costs within ten (10) days, or to pay the costs within 45 days of notice per SBMC Section 8.30.030, 8.30.040 and 8.30.041. To date, hearings have not been requested, and the costs are currently outstanding. As such, staff recommends adopting the Resolution to assess the unpaid costs of the nuisance abatements. The total of outstanding fees for Abatement Assessment, including warrant abatements, emergency abatements and demolitions, is $88,417.51. If property owners come forward to pay their costs prior to the council meeting, their properties will be removed from Attachment 2. 2021-2025 Strategic Targets and Goals The request to impose liens to recover costs for Code Enforcement abatements aligns with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. Imposing liens to resolve public nuisances would ensure the City receives revenue back into the Community Development & Housing Department and that the City continues to strive towards being clean and attractive. Fiscal Impact The proposed collection of liens will increase General Fund revenues by $88,417.51. These costs have already been absorbed by the General Fund and will be reimbursed incrementally as liens are repaid either through the escrow process when properties are sold or as assessments collected via the County tax roll. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-355, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance abatements. Attachments Attachment 1 Resolution No. 2025-355, Imposing Liens to Recover Costs for Code Enforcement Attachment 2 Resolution No. 2025-355, Exhibit A Attachment 3 Ordinance No. MC-1521 Ward: All Wards Packet Page 2037 2 8 4 4 Synopsis of Previous Council Actions: October 5, 2015, Mayor and City Council adopted Ordinance MC-1418, repealing San Bernardino Municipal Code Chapters 3.68 and 8.27 and amended Chapter 8.30 of San Bernardino Municipal Code regarding Public Nuisance Abatement. April 18, 2018, Mayor and City Council adopted Resolution 2018-106, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance. August 1, 2018, Mayor and City Council adopted Resolution No. 2018-222, imposing liens on certain real property located within the City of San Bernardino for the cost of public nuisance abatements. September 18, 2019, Mayor and City Council adopted Ordinance MC-1521, Amending Chapters 2.45, 8.24, 8.30, 8.36, 9.92, 15.04, 15.05, 15.20, and 15.28 of the San Bernardino Municipal Code, and adding Chapter 9.94 of the San Bernardino Municipal Code, related to various Code Enforcement Procedures, including the City’s administrative hearing procedures and appeals procedures. May 7, 2025, Mayor and City Council adopted Resolution No. 2025-279, imposing liens on certain real property located within the City of San Bernardino for the cost of public nuisance abatements. Packet Page 2038 Resolution No. 2025-355 Resolution No. 2025-355 August 20, 2025 Page 1 of 3 7 4 1 9 RESOLUTION NO. 2025-355 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR THE COSTS OF PUBLIC NUISANCE ABATEMENTS WHEREAS, the City of San Bernardino, pursuant to its authority under Chapter 8.30 of the San Bernardino Municipal Code, did lawfully cause public nuisances to be abated on the properties described in the Abatement Assessments List, a copy of which is attached hereto and incorporated herein as Exhibit A, in this Resolution; and WHEREAS, notice of the abatement costs were given to the owners of record of said properties, and any timely requested hearing has heretofore been held to hear protests of the costs of said abatement before the Administrative Hearing Officer, who determined the owner of record is responsible for the costs. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Said costs are found to have been incurred by the City pursuant to proceedings under the San Bernardino Municipal Code, and the final statement of costs on file with the City Clerk is hereby confirmed and adopted as special assessments against the properties listed in Exhibit A. SECTION 3. Said sum shall become a lien on said property pursuant to San Bernardino Municipal Code 8.30.050 and shall be collected as a special assessment. SECTION 4.The City Clerk is hereby directed to file a certified copy of this Resolution, including Exhibit A, showing such sums as remained unpaid, to the Recorder and the Auditor of the County of San Bernardino, State of California, directing that each sum be entered as a lien charged against the property as it appears on the current assessment rolls, to be collected at the said time and in the same manner, subject to the same penalties and interest upon delinquencies, as the general taxes for the City of San Bernardino are collected. SECTION 5. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Packet Page 2039 Resolution No. 2025-355 Resolution No. 2025-355 August 20, 2025 Page 2 of 3 7 4 1 9 SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of August 2025. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page 2040 Resolution No. 2025-355 Resolution No. 2025-355 August 20, 2025 Page 3 of 3 7 4 1 9 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-355, adopted at a regular meeting held on the 20th day of August 2025, by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of August 2025. Telicia Lopez, CMC, Acting City Clerk Packet Page 2041 EXHIBIT "A" ABATEMENT ASSESSMENTS ADDRESS OWNER DATE ABATED WARD COST 1454 E HIGHLAND AVE ORAM SB LLC 07/09/24, 11/01/24 & 01/08/25 7 $8,313.78 0 EVANS ST DERAS, EFRAIN I 03/26/25 - 04/16/2025 2 $41,913.61 245 E HIGHLAND AVE BANK OF AMERICA NA 03/25/25 2 $1,023.66 2350 N OSBUN RD #2 CALLAGHAN, DONALD D 10/03/24 2 $900.76 1788 W 5TH ST FIFTH STREET PLAZA LLC 04/05/25, 04/11/25 & 04/16/25 1 $7,223.10 269 ENNIS ST JACKSON, JAMES W JR/ NUNEZ, BEATRIZ 10/06/23 3 $18,042.60 4095 N SIERRA CARDENAS, DAVID 11/13/23 4 $11,000.00 Total:$88,417.51 Packet Page 2042 Ordinance No. MC -1521 1 R 11 RN- _._ LC/1Wf1X&[offF•3 i l AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING CHAPTERS 2.45, 8.24, 8.30, 8.36, 9.92, 15.04, 15.05, 15.20, AND 15.28 OF THE SAN BERNARDINO MUNICIPAL CODE, AND ADDING CHAPTER 9.94 OF THE SAN BERNARDINO MUNICIPAL CODE, RELATED TO VARIOUS CODE ENFORCEMENT PROCEDURES, INCLUDING THE CITY'S ADMINISTRATIVE HEARING PROCEDURES AND APPEALS PROCEDURES WHEREAS, the City previously adopted Ordinance No. MC -1474, which established the Building and Accessibility Appeals Board and dissolved the Board of Building Commissioners, as permitted by Health and Safety Code section 19957.5(a); and WHEREAS, this Ordinance amends Chapter 2.45 to dissolve the Building and Accessibility Appeals Board and establish the Building Appeals Board in order to comply with Health and Safety Code section 17920.5, ease the Board's membership qualifications, and make reaching a quorum easier; and WHEREAS, this Ordinance also amends Chapter 2.45 to clarify and elaborate on the procedures for appeals before the Building Appeals Board; and WHEREAS, Ordinance No. MC -1474, when dissolving the Board of Building Commissioners, did not eliminate lateral references to that board elsewhere in the San Bernardino Municipal Code, and WHEREAS, this Ordinance amends Chapters 8.24, 8.3 6, 8.69, 9.92, 15.04, 15.20, 15.26, 15.27, and 15.28, in part, to eliminate erroneous references to the defunct Board of Building Commissioners; and WHEREAS, this Ordinance adds Chapter 9.94 to the San Bernardino Municipal Code to create a uniform process for the handling of administrative hearings and appeals where such rights are granted in the San Bernardino Municipal Code; and WHEREAS, this Ordinance amends the appeal procedures in Chapters 8.24, 8.30, 8.36, 9.92, 15.04, 15.05, 15.20, and 15.28 of the San Bernardino Municipal Code to clarify hearing and appeal procedures and to refer hearings and appeals to the appropriate body, whether that be the Building Appeals Board under Chapter 2.45 or a hearing officer under Chapter 9.94; and WHEREAS, this Ordinance amends the San Bernardino Municipal Code and assigns appeals to be heard by the Building Appeals Board consistent with the right granted under California Building Code section 1.8.8.3; and WHEREAS, this Ordinance amends the San Bernardino Municipal Code to refer all other hearings and appeals to Chapter 9.94 of the San Bernardino Municipal Code; and 1 of 32 — Packet Page 2043 Ordinance No. MC -1521 WHEREAS, this Ordinance amends Section 8.24.100" of Chapter 8.24, Solid Waste Collection, Removal, Disposal, Processing and Recycling, to specify the appealable acts of the City Manager and provide for appeals to a hearing officer under new Chapter 9.94; and WHEREAS, this Ordinance amends Chapter 8.30, Public Nuisances, to clarify the procedures for summary abatement and demolition procedures, including providing notice to property owners, recovery of abatement costs, and procedures for hearings and appeals; and WHEREAS, this Ordinance amends Chapter 8.36, Abandoned Vehicles, to clarify the notice to be provided before abatement of a vehicle, eliminate the unique hearing procedures therein, and instead provide for appeals to a hearing officer under Chapter 9.94; and WHEREAS, this Ordinance amends Chapter 9.92, Administrative Citation Process, to authorize the City to collect- delinquent administrative citation fines via any legal means, eliminate collection of delinquent administrative citation fines via liens, and eliminate the second tier of administrative appeal before an appellant may seek judicial review of an administrative citation; and WHEREAS, this Ordinance amends Chapter 15.04, Building Codes, to adopt all parts of the California Building Standards Code, to eliminate adoptions of other unnecessary uniform codes, and to eliminate an erroneous reference to an impermissible method to calculate fees for building permits; and WHEREAS, this Ordinance amends Chapter 15.05, Property Maintenance Code, to correct a reference to the current edition of the International Property Maintenance Code; and WHEREAS, this Ordinance amends Chapter 15.20, Certificate of Occupancy, to provide for appeals to a hearing officer under new Chapter 9.94; and WHEREAS, this Ordinance amends Chapter 15.28, Dangerous Buildings, which amends the 1997 Uniform Code for the Abatement of Dangerous Buildings adopted by reference in the San Bernardino Municipal Code, to authorize the Code Enforcement Division to exercise the authority granted to the building official, to clarify the authority of the building official to secure buildings ordered vacated, to clarify the right to appeal orders under this code, and to clarify the City's authority to recover costs of abatements done under this code; and WHEREAS, this Ordinance amends various tables of contents, the numbering of certain sections, section titles, and substantive provisions in order to correct errors, clarify meaning, and as otherwise required according to the foregoing amendments; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. 2of32— Packet Page 2044 Ordinance No. MC -1521 SECTION 2. Chapter 2.45 of Title 2 of the San Bernardino Municipal Code is hereby amended to state in full as follows: 44 Chapter 2.45 BUILDING APPEALS BOARD Sections: 2.45.010 Members 2.45.020 Reserved] 2.45.030 Duties 2.45.040 Review of the Board's Decision 2.45.050 Oath of Office 2.45.060 Chair - Meetings 2.45.070 Quorum 2.45.080 Hearing Procedures 2.45.010 Members - Appointment The Building Appeals Board shall be comprised of the members of the San Bernardino Planning Commission, as defined in Section 2.22.010 of this Code. Members shall be appointed on a basis of knowledge in the applicable building codes, regulations, and ordinances of the City, and must be qualified by training and experience to pass on matters pertaining to building construction. 2.45.020 [Reserved] 2.45.030 Duties Pursuant to Section 1.8.8 of the California Building Code, the Board shall have the duty to consider appeals of orders, decisions, and determinations of the City of San Bernardino Building Official relating to the building standards of the California Building Standards Code. The Board is authorized to establish policies and procedures necessary to carry out its duties. 2.45.040 Review of the Board's Decision The decision of the Board may be appealed to the City Council in accordance with Chapter 2.64 of this Code. The City Council's decision on an appeal from the Board's decision is final and binding. Pursuant to Code of Civil Procedure Section 1094.5 and 1094.6, any action to review a decision of the City Council shall be commenced not later than the ninetieth (90th) day after the date the City Council's order is adopted. 2.45.050 Oath of Office Prior to undertaking his or her duties as a member of the Board, the member shall subscribe and file his or her official oath of office with the City Clerk. 3 of32— Packet Page 2045 Ordinance No. MC -1521 2.45.060 Chair - Meetings A. The Chairperson of the Board shall be the Chairperson of the Planning Commission, or his or her designee. The Board shall meet only as required to consider an appeal within its jurisdiction. B. The Board shall meet at such times and dates, and in such places, as shall be designated by the Chairperson of the Board. C. Meetings of the Board shall be open to the public and shall be governed by the provisions of the Ralph M. Brown Act, Sections 54950.5, et seq., California Government Code, except as otherwise provided by law. D. A member shall not hear an appeal in which that member has a personal, professional, or financial interest. 2.45.070 Quorum Any five members in attendance at any meeting shall constitute a quorum. 2.45.080 Hearing Procedures A. The Board shall meet upon notice from the chairperson. B. The appellant, the appellant's representative, the Building Official, the Building Official's representative, and any person whose interests are affected shall be given an opportunity to be heard. C. The Board shall adopt and make available to the public procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. D. A quorum of the Board shall hear an appeal. E. The Board may modify or reverse the decision of the Building Official by a concurring vote of a majority of its members. The authority of the Board to render a decision is limited to the scope of authority of the Building Official in the first instance. The Board has no authority to waive a requirement of the California Building Standards Code. F. The Board must issue a written decision with findings within a reasonably prompt time after filing of the appeal. SECTION 3. Subdivision H of Section 8.24. 100 of Chapter 8.24 of Title 8 of the San Bernardino Municipal Code is hereby amended to state as follows (omitted provisions not amended represented by ellipses [... ]): 8.24.100 Construction and Demolition Debris Recycling Program 4of32— Packet Page 2046 Ordinance No. MC -1521 H. Appeal. Any appellant aggrieved by the decision of the City Manager relating to a Security Deposit under Section 8.24.100(D) or Section 8.24.100(E) may appeal the decision to the hearing officer in the manner provided in Chapter 9.94 of this Code. SECTION 4. Various Sections of Chapter 8.30 of the San Bernardino Municipal Code are hereby amended to state as follows (omitted provisions not amended represented by ellipses I...)): rG Chapter 8.30 PUBLIC NUISANCES Sections: 830.010 Purpose 8.30.015 Definitions 8.30.020 Declaration of nuisances 830.021 Summary/Emergency Abatement 8.30.022 Summary/Emergency Abatement Post -Abatement Hearing 8.30.023 Method of giving notice 8.30.025 Determination of nuisance 8.30.026 Additional Requirements for Demolition of Buildings or Structures 830.030 Appeal 8.30.035 Time limit for compliance 8.30.040 Abatement by City 8.30.041 Invoice of abatement costs 8.30.042 Recovery of attorneys' fees and report of attorneys' fees 830.043 Treble damages 8.30.045 Hearing on nuisance abatement costs 830.050 Council action 8.30.055 Imposition of special assessment lien and notice 8.30.056 Recording of nuisance abatement lien 8.30.060 Collection of costs and attorney' s fees prior to hearing 8.30.065 Alternative remedies 8.30.070 Violation - Penalty 8.30.015 Definitions For the purpose of this Chapter the following words and phrases shall have the meanings given herein: 5 of 32— Packet Page 2047 Ordinance No. MC -1521 c) "Administrative Hearing Officer" or "Hearing Officer" shall mean any individual appointed by the City Manager of the City of San Bernardino, or his/her designee, to hear the appeal under this Chapter.. h) "Code Enforcement Director" shall mean the Chief of Police for the City of San Bernardino, or his or her designee. 8.30.021 Summary/Emergency Abatement Notwithstanding any other provision of this Chapter with reference to the abatement of public nuisance, the Code Enforcement Director, Fire Chief, Chief of Police, City Engineer, Director of Public Works, Building Official, or their designees, shall have the authority to immediately cause the abatement of any public nuisance if it is determined that the nuisance presents an immediate threat to public health or safety, or an imminent hazard to real or personal property, in their sole discretion. Any such abatement activity may be conducted without observance of any notice requirements described in this chapter. The City is entitled to recover all abatement costs incurred in the abatement of an imminent threat or hazard as set forth in this chapter. 8.30.022 Summary/Emergency Abatement Post -Abatement Hearing A. Within 10 business days, or as soon as reasonably possible under the circumstances, following any summary abatement action by the City to abate an immediate threat to public health or safety, or imminent hazard to real or personal property, the City must provide the owner and any other responsible person with a "Notice of Summary Abatement." B. The Notice of Summary Abatement shall be served in accordance with Section 8.30.023 of this Chapter and contain the following information: 1) A brief description of the condition and reasons why it constituted an imminent threat or hazard; 2) A brief description of the law prohibiting or pertaining to the imminent threat or hazard; 3) A brief description of the actions the City took to abate the imminent threat or hazard; and 4) An itemized invoice identifying all nuisance abatement costs related to the summary abatement. The invoice shall further indicate that any unpaid amounts may become a lien and special assessment against the property. C. The City's determination that a public nuisance constituted an imminent threat or hazard may be appealed as set forth in Section 8.30.030. The invoice of abatement costs may be appealed as set forth in Section 8.30.045. Any party to whom an invoice has been issued shall have 45 calendar days from the date of the invoice to remit full payment of the invoice to the City. If the owner or other responsible person fails to make timely, full payment of the abatement costs within 45 days of issuance of the Notice of Summary Abatement or as ordered by the hearing officer after any appeal, the City may then proceed to collect its abatement costs in any manner allowed by law, including as set forth in Section 8.30.055. 6of32— Packet Page 2048 Ordinance No. MC -1521 D. Omission of any of the foregoing provisions in a Notice of Summary Abatement, whether in whole or in part, or the failure of an owner or responsible person to receive this document, does not render it defective or render any proceeding or action pursuant to this chapter invalid. E. The decision of the Hearing Officer on the determination of nuisance is final. Any appeal of the Hearing Officer's decision shall be governed by California Code of Civil Procedure Section 1094.6 or such section as may be amended from time to time. 8.30.026 Additional Requirements for Demolition of Buildings or Structures A. Whenever the Code Enforcement Director, or designee, intends to abate a public nuisance by demolition of a building or structure, the City must comply with the following additional requirements: 1) The Notice to Abate must contain a statement that the City intends to abate the nuisance with City personnel or contractors by demolition of a building or structure if the nuisance conditions are not repaired, rehabilitated, removed, terminated, or demolished within the compliance deadline set forth in the Notice to Abate. 2) The City shall serve the Notice to Abate on all secured lienholders of record with the San Bernardino County Recorder's Office; 3) Entry onto any real property to abate a public nuisance by demolition of a building or structure must be pursuant to a warrant or other order issued by a court of competent jurisdiction B. The provisions of this section do not apply in cases involving summary or emergency abatement under Section 8.30.021 of this Code. 8.30.030 Appeal A. Within ten days from the date of giving notice to abate, the violator may file an appeal to the determination of the nuisance with the City Clerk. Such appeal shall be in writing and shall identify the property subject to the Notice to Abate. The City Clerk shall then cause the matter to be set for hearing before a Hearing Officer contracted by the City to hear such matters. B. Notice of the date of hearing shall be given in writing. The date of the hearing shall be no sooner than fifteen days from the date when notice of the hearing is given to the appellant and to the Code Enforcement Division. C. At the time fixed in the notice, the Administrative Hearing Officer shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance. D. At the conclusion of the hearing, the Hearing Officer shall determine whether or not a nuisance exists, and if the Hearing Officer so concludes, he may declare the conditions existing to be a nuisance and direct the person owning the property upon which the nuisance exists to abate it within ten days after the date of posting on the premises a notice of the Hearing Officer's order. The Hearing Officer may amend time to abate the nuisance, if in his or her opinion, there exists good cause for the amendment of time to abate. If the City is the 7of32— Packet Page 2049 Ordinance No. MC -1521 prevailing party, the Hearing Officer's decision shall order the responsible parties to pay the confirmed nuisance abatement costs to the City within 30 calendar days, and shall specify that any confirmed nuisance abatement costs not paid within 30 calendar days shall become a lien and special assessment against the property. E. The decision of the Hearing Officer on the determination of nuisance is final. Any appeal of the Hearing Officer's decision shall be governed by California Code of Civil Procedure Section 1094.6 or such section as may be amended from time to time. 830.035 Time limit for compliance The violator must abate the nuisance within the period of time set forth in the Notice to Abate, or, in case of an appeal, within ten days from the finding of the Hearing Officer or such longer period as may be determined by the Administrative Hearing Officer. Unless an emergency situation exists, the violator shall be given at least ten days to abate the nuisance. 830.041 Invoice of abatement costs A. In accordance with this Chapter, the City shall serve upon each responsible party and each interested party an invoice identifying all nuisance abatement costs related to a nuisance abatement action. B. Any party to whom an invoice has been issued shall have 45 calendar days from the date of the invoice to remit full payment of the invoice to the City. Payment shall be submitted to the City as specified in the invoice. The invoice shall further indicate that any unpaid amounts may become a lien and special assessment against the property. C. The statement shall be accompanied by a notice to the owner that the cost of abatement may be protested as set forth in Section 8.30.045. If the cost is not protested within 15 calendar days after service, it shall be deemed final. 8.30.045 Hearing on nuisance abatement costs A. Any responsible party or interested party to whom an invoice has been issued may, within 15 calendar days from the date of the invoice, request a hearing to protest the cost of abatement by filing a written request for a hearing on the abatement costs with the City Clerk. The request for hearing must contain the following information: 1) The requestor's full legal name; 2) The requestor's mailing address and telephone number; 3) The amount of nuisance abatement costs disputed; 4) The specific legal and factual grounds for all disputes of the invoice and nuisance abatement costs. B. The failure of any party to properly and timely request a hearing is a waiver of the right to contest the invoice, a waiver of the right to a hearing, a failure to exhaust administrative 8of32— Packet Page 2050 Ordinance No. MC -1521 remedies, and a bar to any further challenge to the City's invoice and nuisance abatement costs. C. If a hearing is timely and properly requested, the City Clerk shall cause a Hearing to be set before the Hearing Officer. The City shall provide notice of the date, time, and location of the hearing to all parties at least 10 calendar days before the hearing. At the time fixed for the hearing, the Hearing Officer shall hold an informal hearing to consider the invoice and protests or objections raised by the requestor. D. At the conclusion of the hearing, or within 5 days thereafter, the Hearing Officer shall issue a decision approving, denying, or modifying the amount of the nuisance abatement costs that the City is entitled to recover. E. The decision of the Hearing Officer shall be in writing and shall be served by mail. The decision of the Hearing Officer on the abatement costs shall be final. If any cost recovery is upheld, even in part, the City shall be the prevailing party. If cost recovery is entirely denied, the requesting parties shall be the prevailing parties. F. Any appeal of the Hearing Officer's decision shall be governed by California Code of Civil Procedure Section 1094.6 or such section as may be amended from time to time. SECTION 5. Various Sections of Chapter 8.36 of Title 8 of the San Bernardino Municipal Code are hereby amended to state as follows (omitted provisions not amended represented by ellipses [... ]): Chapter 8.36 ABANDONED VEHICLES Sections: 8.36.010 Findings 8.36.020 Definitions 8.36.030 Applicability 8.36.040 Chapter not exclusive 8.36.050 Administration and enforcement 8.36.060 Rights of franchisee to enter private property 8.36.070 Assessment of administrative costs 8.36.080 Abatement authority 8.36.090 Ten-day notice required 8.36.100 Public hearing 8.36.110 Hearings to be held before hearing officer 8.36.120 Reserved] 8.36.130 Removal of vehicle to scrapyard 8.36.140 Notice to Department of Motor Vehicles of removed vehicles 8.36.150 Assessment of charges against land 8.36.160 Violation - Penalty 9of32— Packet Page 2051 Ordinance No. MC -1521 8.36.090 Ten-day notice required A ten-day notice of intention to abate and remove the vehicle, or part thereof, as a public nuisance shall be issued. Such ten-day notice of intention to abate shall be mailed by certified mail or registered mail, return receipt requested, to the owner of the land, as shown on the last equalized assessment roll, and to the last registered owner and/or legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. All notices must identify the vehicle. Notices mailed to the owner of land must advise that failure to comply with the notice may result in abatement by the City, and costs being assessed against the property. All notices must advise that an aggrieved parry may appeal and describe the procedures for filing an appeal. 8.36.100 Public hearing A. The owner of the vehicle or owner of the land that is the subject of a ten-day notice issued under this Chapter may appeal the notice to a hearing officer in the manner provided in Chapter 9.94 of this Code. B. The appeal must be filed within 10 days following issuance of the ten-day notice. If such a request for hearing is not received by the City within said ten days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. 8.36.110 Hearings to be held before hearing officer A. The hearing officer may impose such conditions and take such other action as the hearing officer deems appropriate under the circumstances to cavy out the purpose of this Chapter. The hearing officer may delay the time for removal of the vehicle or part thereof if, in the hearing officer's opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property, and may order the same removed from the property as a public nuisance and disposed of as hereinafter provided, and may determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle if available at the site. B. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, the hearing officer shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner. C. The decision of the hearing officer in an appeal under Chapter 9.94 of this Code is final. 836.120 [Reserved] 10of32— Packet Page 2052 Ordinance No. MC -1521 SECTION 6. Various Sections of Chapter 9.92 of Title 9 of the San Bernardino Municipal Code are hereby amended to state as follows (omitted provisions not amended represented by ellipses [... ]): 64 Chapter 9.92 ADMINISTRATIVE CITATION PROCESS Sections: 9.92.010 Legislative Findings and Statement of Purpose 9.92.020 Administrative Law Officer 9.92.030 Use of Administrative Citation 9.92.040 Violation; Authority; Fines 9.92.050 Service Procedures 9.92.060 Contents of Citation 9.92.070 Satisfaction of the Administrative Citation 9.92.080 Request for Hearing on an Administrative Citation 9.92.090 Failure to Pay Fines 9.92.100 Publication and Availability of Rules and Regulations 9.92.110 Representation at Hearings 9.92.120 Conduct of Hearings 9.92.130 Orders 9.92.140 Disposition of Fines 9.92.150 Punishment of Violations by Imprisonment 9.92.160 Administrative Adjudication Procedures Not Exclusive 9.92.170 Applicability of Administrative Adjudication Procedures 9.92.180 Right to Judicial Review 9.92.190 Severability 9.92.090 Failure to Pay Fines A. Any person who fails to pay to the City any fine imposed pursuant to the provisions of this Chapter on or before the date that fine is due is liable for the payment of any applicable interest charges. B. The delinquent obligation shall bear interest at a rate of 10 percent per year. Interest shall be calculated on a prorated monthly basis from the date such obligation becomes delinquent to the date it is paid. C. The City may collect any delinquent administrative citation fines or interest charges by use of all available legal means, including personal collection from the responsible parties. D. The City also may recover all costs, expenses, and fees, including attorneys' fees, associated with the assessment, enforcement, processing, and collection of the fines associated with the administrative citation in accordance with the provisions of this Code. 11 of32— Packet Page 2053 Ordinance No. MC -1521 9.92.170 Applicability of Administrative Adjudication Procedures A. Notwithstanding any other provision of the ordinances of the City or this Code, all provisions of this Code or ordinances, may be enforced by instituting an administrative adjudication hearing with the Administrative Law Officer as provided in this article. B. Notwithstanding any other provision of the ordinances of the City or this Code, any enforcement action, including but not limited to license or permit suspension or revocation, which may be exercised by another department of the City may also be exercised by the Administrative Law Officer as provided in this article. 9.92.180 Right to Judicial Review Any decision of the Administrative Law Officer is final, subject to judicial review. Within 20 days after service of the decision of the Administrative Law Officer upon the party to the administrative adjudication hearing, that person may seek judicial review of the decision by filing an appeal with the Superior Court of the State of California, in the County of San Bernardino, in accordance with California Government Code section 53069.4. The appealing party must serve upon the City Clerk, either in person or by first-class mail, a copy of the notice of appeal. If the appealing party fails to timely file a notice of appeal, the hearing officer's decision is deemed confirmed." SECTION 7. Chapter 9.94 of Title 9 of the San Bernardino Municipal Code is hereby added to state in full as follows: rc Sections: 9.94.010 9.94.020 9.94.030 9.94.040 9.94.050 9.94.060 9.94.070 9.94.080 9.94.090 9.94.100 9.94.110 9.94.120 9.94.130 9.94.140 Chapter 9.94 ADMINISTRATIVE HEARINGS AND APPEALS Definitions Purpose and Intent Scope Hearing Officer—Selection and Qualifications Powers and Duties of Hearing Officer Right to Appeal; Consequence of an Untimely or Incomplete Appeal Administrative Hearings—Notice Procedures Administrative Hearings—Conduct of Hearing Decision of the Hearing Officer Methods of Service Costs Judicial Review Limitation on Jurisdiction Severability 12 of 32 – Packet Page 2054 Ordinance No. MC -1521 9.94.010 Definitions The following definitions apply in the interpretation and enforcement of this Chapter. A. "Action" means an act or decision by an administrative officer or administrative agency for which a right to appeal under the provisions of this Chapter is granted in this Code. B. "Administrative agency" means an organ of the city government other than the City Council which under the direction of the City Manager has responsibility for carrying out or enforcing the rules, regulations, and ordinances of the city, but not including boards and commissions of the city. C. "Administrative officer" means an officer of the city who is not a member of the legislative body or appointed boards or commissions. Such officers include but are not limited to the City Manager, chief of police, fire chief, director of planning and building, director of transportation, director of public works, or similar officer. D. "Aggrieved person" means any person whose personal, pecuniary or property right or interest is directly and adversely affected, or upon whom a substantial burden or obligation is imposed by the action or decision appealed from. E. "Appellant" means any aggrieved person who files an appeal. F. "Code" means the San Bernardino Municipal Code. G. "Hearing officer" means any person duly qualified and authorized by this Chapter to hear and review appeals under this Chapter. H. "Respondent" means the administrative officer or agency which took the action appealed from, and any other administrative officer or agency named as respondent in an appeal. 9.94.020 Purpose It is the purpose and intent of the City Council to afford due process of law to any person who is directly affected by an action or decision of an administrative agency or officer. These procedures are also intended to establish a forum to efficiently and fairly resolve administrative appeals. 9.94.030 Scope The hearing officer hears appeals from actions taken by an administrative officer or administrative agency when a right to appeal under the provisions of this Chapter is granted in this Code. Except where this Code prescribes another procedure, the rules and procedures pertaining to appeals are as stated herein. The rules and procedures pertaining to appeals under this Chapter may be supplemented or modified as stated in the chapter that grants a right to appeal under these provisions. The hearing officer has no authority to hear appeals of any action taken by the City Council or any other board or commission of the City. 13 of 32— Packet Page 2055 Ordinance No. MC -1521 9.94.040 Hearing Officer—Selection and Qualifications A. The City Manager must establish procedures for the selection of a qualified person to serve as hearing officer for each matter appealed under this Chapter. Hearing officers must be selected in a manner that avoids the potential for pecuniary or other bias. B. For purposes of this section, "qualified person" includes an individual with a background in the practice of law or with a background in local governance, that is particularly experienced or knowledgeable about the subject matter at issue, or that is otherwise deemed qualified by the City Manager. 9.94.050 Powers and Duties of Hearing Officer A. As provided by Section 9.94.030, the hearing officer hears all appeals in accordance with the procedures contained in this Chapter or as supplemented or modified in the chapter granting a right to appeal hereunder. B. The hearing officer is authorized to issue decisions and take all actions necessary and proper to carry out the functions of the hearing officer in this Chapter, including: 1) Hold conferences for settlement or simplification of the issues; 2) Administer oaths and affirmations; 3) Hear testimony; 4) Rule upon motions, objections, and the admissibility of evidence; 5) Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing; 6) Regulate the course of the hearing in accordance with this Chapter or other applicable law; and 7) Issue a final order which includes findings of fact and conclusions of law. C. The hearing officer may request information, services, facilities, or any other assistance for the purpose of furthering the objectives of this Chapter. D. At the hearing, the hearing officer must hear and consider the testimony of the appellant, respondent, and their witnesses, as well as any documentary evidence presented by these persons. E. The hearing officer must ensure that parties receive a fair hearing and are afforded due process in accordance with the applicable State and federal law governing such hearings. 14of32— Packet Page 2056 Ordinance No. MC -1521 9.94.060 Right to Appeal; Consequence of an Untimely or Incomplete Appeal Except where this Code prescribes another procedure, the following hearing request procedures apply to appeals under this Chapter. A. Any aggrieved person may contest an action taken by an administrative officer of the City, as provided in Section 9.94.030, by filing a written notice of appeal with the City Clerk within 15 calendar days. No fee shall be due for the filing of an appeal. The notice of appeal must also include payment to the City Clerk of the appeal fee, as established or amended from time to time by resolution of the City Council. B. The notice required by Subsection (A) must be filed no later than 15 days following the date of mailing to appellant of notice of the action from which the appeal is taken or, if there is no such mailing or none is required, no later than 15 days following the date of the action that is the subject of the appeal. C. A written notice of appeal must contain the following information: 1) The full name, mailing address, e-mail address, and telephone number of each appellant who is appealing the action; 2) A description of the specific action or decision being appealed, including the date of the action; 3) The grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy; and 4) The signature of an appellant. D. If the City Clerk does not receive a timely notice of appeal, if the notice of appeal is incomplete, or if the notice of appeal does not comply with all of the requirements set forth in this section, the right to appeal the action is waived. In this event, the action is final and binding. A failure to file a timely or proper notice of appeal also constitutes a failure to exhaust administrative remedies. 9.94.070 Administrative Hearings—Notice Procedures Except where this Code prescribes another procedure, the following hearing notice procedures apply to appeals under this Chapter: A. No hearing before a hearing officer under this Chapter may be scheduled or held unless a timely and proper notice of appeal has been submitted to the City Clerk as set forth in Section 9.94.060. B. The City Clerk must schedule the hearing no sooner than 15 days and no later than 60 days from receipt of the notice of appeal, unless the parties waive such time limits. The failure to hold the hearing within this time period does not invalidate any action of the hearing officer. 15 of 32 – Packet Page 2057 Ordinance No. MC -1521 C. The City Clerk must provide a copy of the appeal to the respondent within five days after filing. D. The City Clerk must notify the appellant, respondent, and City Attorney in writing of the date, time, and location of the hearing at least 15 days before the date of the hearing. E. Failure to receive notice of the time and place of the hearing shall not dismiss any violation at issue or invalidate any action of the hearing officer, if the notice was given in the manner stated in Subsection (D) of this Section. F. The notice of hearing may be served by any of the methods of service listed in Section 9.94.100 of this Chapter. G. Unless the notice of appeal names some other respondent, the administrative officer or administrative agency that took the action or made the decision being appealed is designated the "respondent." 9.94.080 Administrative Hearings—Conduct of Hearing A. Participation. The hearing officer must be present at all times to preside over the hearing. All hearings are open to the public. The respondent, or another City representative, is required to participate in the hearing. The appellant is required to participate in the hearing. B. Evidence, Witnesses, and Discovery. All parties have the right to present evidence and cross-examine witnesses. The formal rules of evidence and discovery do not apply. The rules of privilege are effective to the same extent that they are now or hereafter may be recognized in civil actions. Irrelevant and unduly repetitious evidence may be excluded. Oral evidence may be taken only on oath or affirmation. The appellant and respondent may represent themselves or be represented by anyone of their choice. C. Cross -Examination. No party shall have the right to cross-examine any other party or witness except for good cause shown to the satisfaction of the hearing officer. Each party may cross-examine witnesses. D. Interpretation and Recordation. The appellant may bring an interpreter to the hearing at his or her sole expense. The City may, at its discretion, record the hearing by stenographer, court reporter, audio recording, or video recording. E. Subpoenas. In any hearing conducted by the hearing officer, he or she has the power to compel the attendance of witnesses for the production of evidence by subpoenas issued under the authority of the City Council and attested by the City Clerk. Subpoenas may also be issued at the request of the parties prior to the commencement of such hearing. No subpoena may be issued for any reason without the concurrence of the City Attorney that there is good cause for such subpoena to be issued, and such subpoena is approved by the City Council. It is the duty of the Chief of Police to cause all such subpoenas to be served, and the refusal of a person to attend or to testify in answer to such a subpoena subjects the person to prosecution in the same manner set forth by law for failure to appear before the City Council in response to a subpoena issued by the City Council. 16 of 32 – Packet Page 2058 Ordinance No. MC -1521 F. Proof. The standard of proof applicable to the hearing and to be used by the hearing officer in deciding the issue on appeal is proof by a preponderance of the evidence. The respondent bears the burden of proof at the hearing. The hearing officer determines relevancy, weight, and credibility of testimony and evidence. G. Continuances. The hearing officer, before or during a hearing, may grant a request for a continuance, in his or her discretion, for good cause; however, in no event may the hearing be continued for more than 30 calendar days without stipulation by all parties. H. Failure of Appellant to Appear. If the appellant fails to appear at the hearing, the hearing officer may cancel the hearing and send a notice thereof to the appellant to the address stated on the appeal form. A cancellation of a hearing due to non-appearance of the appellant waives the right to appeal and is failure to exhaust all administrative remedies, provided that proper notice of the hearing as required by this Chapter has been provided. In such instances, the action is final and binding. 9.94.090 Decision of the Hearing Officer A. The hearing officer must render his or her decision in accordance with the provisions of this Chapter, applicable law, and all ordinances of this City. B. The hearing officer's decision must be in writing and must set forth the hearing officer's findings of fact and conclusions of law. C. The hearing officer must render a decision within 15 days following the conclusion of the hearing. Failure of the hearing officer to render a decision within this time period does not invalidate any action of the hearing officer. D. The hearing officer's decision must be served on all parties in accordance with Section 9.94.100. Failure of a person to receive a properly -served decision does not affect the finality or effectiveness of the decision. E. The hearing officer's decision is the final administrative decision of the City regarding the action that is the subject of the appeal. The hearing officer's decision is effective on the date of service of the decision. The decision must contain the following statement: "The decision of the hearing officer is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure section 1094.6 et seq. 9.94.100 Methods of Service A. Except where this Code prescribes another procedure, any notice or document required to be served under this Chapter must be served by personal service or first-class mail. B. Service is deemed effective on the date it is personally delivered or mailed. 17of32— Packet Page 2059 Ordinance No. MC -1521 C. Failure of any person to receive a document properly served under this Chapter does not affect the validity of the notice or document, service, or any action or proceeding under this Chapter. 9.94.110 Costs Nothing herein limits the City's ability to seek recovery of its costs or fees incurred in connection with the hearing if authorized by law. The City shall keep an accounting of the hearing costs. If any portion of the action is upheld, even in part, the City is the prevailing party. 9.94.120 Judicial Review The decision of the hearing officer is not subject to appeal to the City Council or any board or commission of the City. Once the hearing officer's decision becomes final as provided in this Chapter, the appellant must both bring judicial action to contest such decision and provide the City with a notice of the action within 90 days after the date of such decision of the hearing officer, in accordance with the Code of Civil Procedure section 1094.6. Failure to do so means all objections to the hearing officer's decision are waived. 9.94.130 Limitation on Jurisdiction The hearing officer shall not consider appeals of orders, decisions, and determinations of the City of San Bernardino Building Official relating to the building standards of the California Building Standards Code, which must be considered by the Building Appeals Board pursuant to Section 2.45.030 of this Code. 9.94.140 Severability The provisions of this Chapter are severable, and, if any sentence, section or other part of this Chapter should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect." SECTION 8. Various Sections of Chapter 15.04 of Title 15 of the San Bernardino Municipal Code are hereby amended to state as follows (omitted provisions not amended represented by ellipses [...]): Chapter 15.04 BUILDING CODES Sections: 15.04.010 Citation 15.04.020 Adoption of Codes by Reference 15.04.030 Applicability 15.04.040 Definitions 15.04.050 CBC Chapter 1, Section 105.5.1 is added - Prima Facie Evidence of Abandoned Work 18 of 32 — Packet Page 2060 Ordinance No. MC -1521 15.04.060 CBC Chapter 1, Section 112.1. 1 is added- Board of Appeals Designated 15.04.070 CBC Chapter 1, Section 105.2, Item 2 is Amended Fences Not Requiring a Building Permit 15.04.080 [Reserved] 15.04.090 CBC Section 2204.1. 1 is added- Qualification of Welding Operators. 15.04.100 CBC Section 3109.1. 1 is added- Barriers for Swimming Pools 15.04.110 CBC Appendix J, Section J101 .3 is added - Alquist-Priolo Earthquake Fault Zones 15.04.120 CBC Appendix J, Section J101.4 is added - Enforcement Authority 15.04.130 On-site Improvement Permit 15.04.140 Preparation of Grading Plans 15.04.150 On -Site Improvement Plans and Specifications 15.04.160 Information on On -Site Improvement Plans 15.04.170 On-site Improvement Plan Review and Permit Fees 15.04.180 Inspection of On -Site Improvements 15.04.190 Bonds Required 15.04.200 CBC Appendix J, Section J110.1 is added- Planting of Slopes 15.04.210 CBC Appendix J, Section J112 is added- Grading Operations 15.04.220 CBC Appendix J, Section J110.3 is added- Final Repots 15.04.230 Driveway Configurations 15.04.240 Location of Slopes 15.04.250 Automatic Fire Sprinkler Systems- Residential Additions 15.04.260 Stop Work Order 15.04.020 Adoption of Codes by Reference A. Adoption of the California Building Standards Code by Reference Those certain rules and regulations as set forth in the following codes are hereby adopted and by this reference are made a part of this Code with the force and effect as though set out herein in full, with the exception of those parts expressly excepted and deleted or as amended by this Code, as the regulations governing the erection, construction, alteration, change of occupancy, repair, removal, and maintenance of all buildings and other structures in the City: The 2016 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, incorporating those state adopted model codes listed pursuant to Health and Safety Code Section 17922, and all state adopted amendments thereon, and incorporating: A. California Building Code (CBC), 2016 edition, and Appendix J thereto; B. California Electrical Code (CEC), 2016 edition; C. California Mechanical Code (CMC), 2016 edition; 19of32— Packet Page 2061 Ordinance No. MC -1521 D. California Plumbing Code (CPC), 2016 edition; E. California Green Building Standards Code (CGBSC), 2016 edition; and F. California Residential Code (CRC), 2016 edition; G. California Energy Code, 2016 edition; H. California Historical Building Code, 2016 edition; I. California Fire Code, 2016 edition; J. California Existing Building Code, 2016 edition. B. Adoption of Other Codes by Reference In addition to the California Building Standards Codes, those certain rules and regulations, as set forth in the following codes, and appendices are hereby adopted by reference and shall regulate the erection, construction, change of occupancy, alteration, repair, removal and maintenance of all buildings and other structures in the City: 1. Uniform Code for the Abatement of Dangerous Buildings (UCADB), 1997 edition; 2. International Property Maintenance Code (IPMC), 2015 edition C. Copies of all Codes listed above shall be on file in the Community Development Department Office for inspection and reference and copies of each code shall be furnished to the Building Official and each deputy. 15.04.030 Applicability It shall be unlawful to erect, construct, change the occupancy, alter, repair, rehabilitate, remove, move or maintain any building or structure, or grade or alter any land, in the City in violation of, or without complying with the appropriate provisions of this Chapter. The California Building Standards Code shall govern and prevail in the event of any inconsistency or conflict between the building standards within the California Building Standards Code, as adopted and amended by the City, and the building standards in any other code. 15.04.050 CBC Chapter 1, Section 105.5.1 is added - Prima Facie Evidence of Abandoned Work Section 105.5.1 Prima Facie Evidence of Abandoned Work 20 of 32 — Packet Page 2062 Ordinance No. MC -1521 Failure on the part of the permittee to obtain an inspection and to demonstrate substantial progress to the satisfaction of the Building Official within any 365 day period shall be prima facie evidence that the work has been abandoned and the permit shall have expired. 15.04.060 CBC Chapter 1, Section 113.1.1 is added Board of Appeals Designated Section 113.1.1 Board of Appeals Designated 1. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of the building standards of this code, the Building Appeals Board of the City of San Bernardino, established under Chapter 2.45 of this Code, shall serve as the Board of Appeals. The Building Appeals Board has such duties as are delegated to it by the California Building Standards Code and Chapter 2.45 of the San Bernardino Municipal Code. 15.04.070 CBC Chapter 1, Section 105.2, Item 2 is Amended - Fences Not Requiring a Building Permit 2. Fences not over 6 feet high, except concrete and masonry fences greater than three (3) feet above grade. Masonry fences shall be constructed in accordance with the standard design specifications approved by the Building Official, unless an alternate engineered design is submitted and approved. Exemption from the permit requirements shall not be deemed as a waiver of the design requirements contained in the San Bernardino Development Code as it relates to the use or configuration of materials, or to the height of fences in front, side or rear yards. 15.04.080 [Reserved] 15.04.120 CBC Appendix J, Section J101A is added - Enforcement Authority J101.4 Enforcement Authority. The Building Official of the City of San Bernardino or his/ her designee shall have the authority for the enforcement of CBC Appendix J and any amendments thereto. SECTION 9. Chapter 15.05 of Title 15 of the San Bernardino Municipal Code is hereby amended to state in full as follows: Chapter 15.05 PROPERTY MAINTENANCE CODE Sections: 15.05.010 Citation of Sections 21 of32— Packet Page 2063 Ordinance No. MC -1 -+21 15.05.020 Section 102.3 amended 15.05.030 Section 103.1 amended 15.05.040 Section 104.3 amended 15.05.050 Section 106.4 amended 15.05.060 Section 107.1 amended 15.05.070 Section 111 amended 15.05.080 Section 112A amended 15.05.090 Section 201.3 amended 15.05.100 Section 302.4 amended 15.05.110 Section 302.9 amended 15.05.120 Section 304.3 amended 15.05.130 Section 304.14 amended 15.05.140 Section 304.18 amended 15.05.150 Section 307 amended 15.05.160 Section 401.3 amended 15.05.170 Section 502.5 amended 15.05.180 Section 505.1 amended 15.05.190 Section 602.2 amended 15.05.200 Section 602.3 amended 15.05.210 Section 602.4 amended 15.05.220 Section 604.2 amended 15.05.230 Section 604.3.1.1 amended 15.05.240 Section 604.3.2.1 amended 15.05.250 Section 702.1 amended 15.05.260 Section 702.2 amended 15.05.270 Section 702.3 amended 15.05.280 Section 704.1 amended 15.05.290 Section 704.2 amended 15.05.010 Citation of Sections The provisions of this chapter amend the International Property Maintenance Code, 2015 Edition, published by the International Code Conference, as adopted by reference by the City in Chapter 15.04 of this Code. 15.05.020 Section 102.3 amended International Properly Maintenance Code Section 102.3 is amended to read as follows: 102.3 "Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Administrative Code, California Building Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, and California Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the San Bernardino Municipal Code." 22of32— Packet Page 2064 Ordinance No. MC -1521 15.05.030 Section 103.1 amended International Property Maintenance Code Section 103. 1 is amended to read as follows: 103.1 "The Chief of Police or the Director of Community Development or their authorized representatives shall be known as the code official as referenced in the International Property Maintenance Code." 15.05.040 Section 104.3 amended International Property Maintenance Code Section 104.3 is amended to add the following phrase to the end of the last sentence: "including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California." 15.05.050 Section 106A amended International Property Maintenance Code Section 106.4 is amended to read as follows: 106.4 "Violation penalties. Any person violating any of the provisions of this title, including, but not limited to, adopted model codes, as amended in this title, shall be subject to the penalty provisions of Chapters 1. 12, 9.92 and 9.93 of the San Bernardino Municipal Code." 15.05.060 Section 107.1 amended International Property Maintenance Code Section 107.1 is amended to read as follows: 107.1 "Notice to Person Responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3, or in the manner provided by San Bernardino Municipal Code Section 9.92.050, to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3." 15.05.070 Section 111 amended International Property Maintenance Code Section 111 and subsections are amended to read as follows: 111 "A party aggrieved by a notice or order issued under this code may appeal in the manner set forth in Chapter 9.94 of the San Bernardino Municipal Code." 15.05.080 Section 112.4 amended International Property Maintenance Code Section 112.4, Failure to comply, is amended to read as follows: 112.4 Failure to Compl "Any person, firm or corporation who continues work on a building or structure after a stop work order has been issued by any of the employees listed in [SBMC] 9.90.010 A(2, 3, 4, 5, 6 or 8) shall be guilty of a misdemeanor, except such work as that person is 23 of32— Packet Page 2065 Ordinance No. MC -1521 directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) for each day of the violation. Each day during any part of which the activity prohibited by subdivision 112. 1 of this section continues shall be a distinct and separate offense." 15.05.090 Section 201.3 amended International Property Maintenance Code Section 201.3 is amended to read as follows: 201.3 Definitions. "Where terms are not defined in this code and are defined in the California Administrative Code, California Building Code, California Residential Code, California Green Building Standards Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, or California Electrical Code, or any code adopted by reference under Chapter 15 of the San Bernardino Municipal Code, such terms shall have the meanings ascribed to them as stated in those codes." 15.05.100 Section 302.4 amended International Property Maintenance Code Section 302.4, paragraph number one, is amended to read as follows: 302.4 Weeds "Weed and rubbish abatement shall be as set forth in the San Bernardino Municipal Code, Chapter 8.30, Abatement of Public Nuisances." 15.05.110 Section 302.9 amended International Property Maintenance Code Section 302.9, defacement of property, is deleted. 15.05.120 Section 304.3 amended International Property Maintenance Code Section 304.3 is amended to read as follows: 304.3 Premises Identification "Premises identification shall be as set forth in the San Bernardino Municipal Code sections 12.32.030 and/or 15.16.126." 15.05.130 Section 304.14 amended International Property Maintenance Code Section 304.14 is deleted. 15.05.140 Section 304.18 amended International Property Maintenance Code Section 304.18 is deleted. 15.05.150 Section 307 amended International Property Maintenance Code Section 307, Handrails and guardrails, is amended to read as follows: 24of32— Packet Page 2066 Ordinance No. MC -1521 307 Handrails and Guardrails 'Every exterior and interior flight of stairs shall have a handrail and guard per the requirements of the adopting code at the time the building was permitted. Handrails and guardrails shall be maintained in a safe and useful condition." 15.05.160 Section 401.3 amended International Property Maintenance Code Section 401. 3 is amended to read as follows: 401.3 Alternative Devices "In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the California Building Code or California Residential Code shall be permitted." 15.05.170 Section 502.5 amended International Property Maintenance Code Section 502.5, Public toilet facilities, is amended to read as follows: 502.5 Public Toilet Facilities "Public toilet facilities shall be maintained in a safe sanitary and working condition in accordance with the California Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises." 15.05.180 Section 505.1 amended International Property Maintenance Code Section 505. 1, Plumbing Fixture Connections, is amended to read as follows: 505.1 Plumbing Fixture Connections "General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the California Plumbing Code." 15.05.190 Section 602.2 amended International Property Maintenance Code Section 602.2, Heating Facilities, is amended to read as follows: 602.2 Heating Facilities "Residential occupancies. Interior spaces intended for human occupancy shall be provided with permanently -installed heating facilities capable of maintaining a room temperature of 68 degrees F (20 C) in all habitable rooms." 15.05.200 Section 602.3 amended International Property Maintenance Code Section 602. 3, Heat supply, Exceptions #1 and 2 are deleted. 25 of32— Packet Page 2067 Ordinance No. MC -1521 15.05.210 Section 602.4 amended International Property Maintenance Code Section 602.4, Occupiable work spaces, is deleted. 15.05.220 Section 604.2 amended International Property Maintenance Code Section 604.2, Service, is amended to read as follows: 604.2 "Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the California Electrical Code. Dwelling units shall be served by a three- wire, 120/ 240 volt, single-phase electrical service having a rating of not less than 60 amperes." 15.05.230 Section 604.3.1.1 amended International Property Maintenance Code Section 604.3.1.1, Electrical equipment, is amended to read as follows: 604.3.1. 1 Electrical Eq"Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, arc fault circuit interruptors, surge protectors, molded case circuit breakers, low -voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the California Electrical Code. The exception provisions of section 604.3.1.1 of the IPMC are hereby deleted." 15.05.240 Section 604.3.2.1 amended International Property Maintenance Code Section 604.3.2.1, Electrical equipment, is amended to read as follows: 604.3.2.1 Electrical_ Equipgent "Electrical switches, receptacles and fixtures, including furnace, waterheating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the California Building Code, or California Electrical Code." The exception provisions of section 604.3.2.1 of the IPMC are hereby deleted. 15. 05.250 Section 702.1 amended International Property Maintenance Code Section 702.1, General, is amended to read as follows: 702.1 General "General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall 26of32— Packet Page 2068 Ordinance No. MC -1521 comply with the California Fire Code, California Residential Code, or the California Building Code, whichever is more restrictive." 15.05.260 Section 702.2 amended International Property Maintenance Code Section 702.2, Aisles, is amended to read as follows: 702.2 Aisles "Aisles. The required width of aisles in accordance with the California Fire Code, California Residential Code, California Building Code, or Civil Code 304.18, whichever is more restrictive, shall be unobstructed." 15.05.270 Section 702.3 amended International Property Maintenance Code Section 702.3, Locked doors, is amended to read as follows: 702.3 Locked Doors "Locked Doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the California Fire Code, California Building Code, or California Residential Code, whichever is more restrictive." 15.05.280 Section 704.1 amended International Property Maintenance Code Section 704.1, General, is amended to read as follows: 704.1 Fire Protection Svstems "General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the California Fire Code." 15. 05.290 Section 704.2 amended International Property Maintenance Code Section 704.2, Smoke alarms, is amended to read as follows: 704.2 Smoke Alarms "Smoke alarms. Smoke alarms shall be installed and maintained in accordance with the California Fire Code, California Residential Code, or the California Building Code, whichever is more restrictive."" SECTION 10. Section 15.20.090 of Chapter 20 of Title 15 of the San Bernardino Municipal Code is- hereby amended to state as follows (omitted provisions not amended represented by ellipses 27of32— Packet Page 2069 Ordinance No. MC -1521 15.20.090 Hearings Any person aggrieved by the revocation of any certificate of occupancy by the Building Official may appeal that decision in the manner set forth in Chapter 9.94 of this Code, as such revocation is an administrative enforcement action. Any person aggrieved by the denial of a certificate of occupancy may appeal that decision in the manner set forth in Chapter 2.45 of this Code, as such denial is an order, decision, or determination of the Building Official relating to the building standards of the California Building Standards Code. SECTION 11. Various Sections of Chapter 15.28 of Title 15 of the San Bernardino Municipal Code are hereby amended to state as follows (omitted provisions not amended represented by ellipses [... ]): Sections: 15.28.010 15.28.020 15.28.030 15.28.040 15.28.050 15.28.060 15.28.070 15.28.080 15.28.090 15.28.100 15.28.110 15.28.120 15.28.130 15.28.140 15.28.150 15.28.160 15.28.170 15.28.180 15.28.190 15.28.200 15.28.210 15.28.220 Chapter 15.28 DANGEROUS BUILDINGS Referenced Code Uniform Code for the Abatement of Dangerous Buildings - Amended Reserved] Reserved] Reserved] Reserved] Reserved] Reserved] Reserved] Reserved] Reserved] Reserved] Reserved] Securing dangerous buildings from entry Recovery of costs of abatement of nuisance Discontinuance of utilities Filing of notice of pendency of administrative proceedings Reserved] Post -disaster Safety Assessment Placards Section 103 amended Section 205 amended Section 301 amended 28 of 32 — Packet Page 2070 Ordinance No. MG 1521 15.28.020 Uniform Code for the Abatement of Dangerous Buildings - Amended Chapters 5, 6, and 9 of the Uniform Code for the Abatement of Dangerous Buildings are hereby deleted. Procedures for appeals, hearings, enforcement of orders, and abatements related to the administrative enforcement procedures in the UCADB shall be in accordance with Chapter 8.30 of the San Bernardino Municipal Code. Except for vacation orders made under Section 404 of the UCADB, enforcement of any notice and order of the building official is stayed during the pendency of an appeal therefrom that is properly and timely filed. 15.28.140 Securing dangerous buildings from entry A. The building official is authorized to secure from entry any structure that is ordered vacated in accordance with Chapter 4 of the Uniform Code for the Abatement of Dangerous Buildings and where the building official determines, in his or her sole discretion, that securing the structure is necessary to enforce the order to vacate. The enforcement official may secure such structures using any method deemed appropriate under the circumstances in his or her discretion. B. It is unlawful to remove a notice to vacate posted in accordance with Chapter 4 of the Uniform Code for the Abatement of Dangerous. Any person who removes a notice to vacate without the express written consent of the City of San Bernardino Building Official is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of the San Bernardino Municipal Code. C. The building official's decision to secure a structure may be appealed in the same manner as the issuance of the underling notice to vacate and as provided in Section 15.28.020. 15.28.150 Recovery of costs of abatement of nuisance Any costs incurred by the City in connection with the enforcement of the Uniform Code for the Abatement of Dangerous Buildings may be collected by the City according to the procedures specified in Chapter 8.30 of the San Bernardino Municipal Code. 15.28.170 Filing of notice of pendency of administrative proceedings At any time after the Building Official has initiated action to locate and serve the owners with the notice and order referred to in Section 401 of the Uniform Code for the Abatement of Dangerous Buildings, the Building Official or the City Engineer may file with the county recorder a notice of pendency of administrative proceedings which shall constitute notice to any subsequent owner, purchaser, encumbrancer of the property described therein or involved in the proceedings, beneficiary of a trust deed, penholder, mortgagee, or any other person holding or claiming any interest of any kind in the property described therein who shall be bound by the 29 of 32 — Packet Page 2071 Ordinance No. MC -1521 administrative proceedings, including liability for all amounts and costs and expenses assessed against the property as alien for abatement in the same manner as if he had been the owner at the time of commencement of the proceedings and had been properly served at that time. 15.28.200 Section 103 amended Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows: All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of the California Building Standards Code promulgated by the California Building Standards Commission in Title 24 of the California Code of Regulations, as adopted and amended by the City of San Bernardino." 15.28.210 Section 205 amended Section 205, of the Uniform Code for the Abatement of Dangerous Buildings is amended by deleting the section. 15.28.220 Section 205 amended Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows: For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in either this chapter or as specified in the International Building Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Words used in the singular include the plural and plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. BUILDING CODE is the California Building Code, as adopted and amended by the City of San Bernardino. DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code."" SECTION 12. All existing provisions of the San Bernardino Municipal Code that are repeated herein are repeated only to aid decision -makers and the public in understanding the effect of the proposed changes. Restatement of existing provisions does not constitute a new enactment. SECTION 13. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end, the provisions of this Ordinance are declared to be severable. 30of32— Packet Page 2072 Ordinance No. MC -1521 SECTION 14. The City Council finds this Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 15. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption. SECTION 16. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. APPROVED and ADOPTED by the Citycil an -aligned by the Mayor and attested by the City Clerk this 18th day of September 2019/277 17' Attest: PCf - , ,, Georgeann Han T. MMC, City Clerk approved as to form: f , Gary D. aenz, City Attorney John Valdivia, Mayor City of San Bernardino 31 of32— Packet Page 2073 Ordinance No. MC -1521 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC -1521, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 0 day of September 2019. Ordinance No. MC -1521 was approved, passed, and adopted at a regular meeting held the 18'h day of September 2019 by the following vote: Council Members: SANCHEZ IBARRA VACANT SHORETT NICKEL RICHARD MULVIHILL AYES NAYS ABSTAIN ABSENT WITNESS my hand and official seal of the City of San Bernardino this 18'' day of September 2019. LGeorgeann lfan4a, MMC', City Clerk 32 of 32 — Packet Page 2074 2 3 2 9 CONSENT CALENDAR City of San Bernardino Request for Council Action August 20, 2025 Honorable Mayor and City Council Members Eric Levitt, City Manager Economic Development Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-356: 1. Authorizing the City Manager to execute Amendment No. 1 to the Lease Agreement with Casa Ramona, Inc. for the property located at 1543 W. 8th Street, San Bernardino, California, to serve as a Satellite Animal Shelter for pet adoptions on behalf of the City of San Bernardino, extending the lease term for five years through September 30, 2030, with a month-to-month conversion at the end of the term; and 2. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Animal Services Budget in the amount of $130,000, appropriated for expenses. Executive Summary The proposed action involves extending the lease agreement for five years between the City of San Bernardino and Casa Ramona, Inc., for approximately 7,175 square feet of office space. This facility will continue to function as a Satellite Animal Shelter focused on pet adoptions, providing vital accommodations for adoptable animals and alleviating overcrowding at the main animal shelter. Amendment No. 1 will support the City of San Bernardino Animal Shelter throughout its ongoing renovations. The $130,000 annual lease cost will be funded through the Animal Services Fund, with a portion ($60,450) reimbursed by other contract cities according to the executed agreements. Packet Page 2075 2 3 2 9 Background Casa Ramona Inc. owns a commercial office building located at 1543 W. 8th Street in San Bernardino, California. This property, currently leased by the City of San Bernardino, plays a vital role in addressing overcrowding at the City’s Animal Shelter. The facility has become essential in accommodating the increasing number of animals associated with the Regional Partnership Agreement. The current lease agreement with Casa Ramona Inc. expires on September 30, 2025. With 7,175 square feet of space distributed across two suites on a 1.30-acre site, the property provides sufficient capacity to support these critical needs. The Animal Services Department has an ongoing requirement for additional space, and this location offers the ideal setting to house approximately 80 dogs and 150 cats as they prepare for adoption. The City has demonstrated a long-term commitment to the property by making substantial investments to ensure it is well-suited for the specialized needs of a Satellite Animal Shelter. These enhancements include the installation of a clinic sink for proper animal waste disposal, charcoal air filters to mitigate odors and reduce bacterial exposure, and updates to the Fire Life Safety system, including a new control panel and pressure control valves. Additionally, Acrovyn wall protection has been installed throughout all exam rooms, hallways, and other essential areas. Each improvement has been carefully designed to optimize functionality and support the health and well- being of the animals in the City’s care. Discussion Amendment No. 1 to the Lease Agreement with Casa Ramona, Inc. for the Satellite Animal Shelter will extend the term of the current lease by five years, ending on September 30, 2030, with a month-to-month conversion option at the end of the term. The lease rate will remain at $1.50 per square foot for approximately 7,175 square feet of office space, resulting in a total annual cost of $130,000.00. The agreed-upon rate and terms are consistent with the current lease agreement. The annual lease cost of $130,000 will be funded through the Animal Services Fund, with $60,450 of that amount reimbursed by other contract cities in accordance with executed agreements. Each city will be billed for its share of actual costs, including any costs associated with the lease of this building. It should be noted that partner city agreements are not currently updated to fully reflect the increased costs of the regional partnership. All new costs associated with these partnerships will result in future budget amendments to fully capture operational expenses. Additionally, the Department will be bringing an amendment to the regional partnership agreement to the Mayor and City Council for approval in September to address the additional fees and to recover indirect costs associated with the partnership. Packet Page 2076 2 3 2 9 Casa Ramona is amenable to extending a long-term lease agreement with the City. This will ensure the continued stability needed for the City to maintain operations while completing renovations at the City’s existing facilities. By extending the lease, the City of San Bernardino can reinforce its commitment to animal welfare and demonstrate its dedication to improving the lives of adoptable animals and the families who welcome them. The facility’s strategic location and design make it an irreplaceable asset in achieving long-term goals for the humane and responsible care of adoptable animals. 2025-2026 Strategic Targets and Goals The request for an amendment to the agreement with Casa Ramona, Inc. aligns with Strategic Target #1 – Improved Operational & Financial Capacity by creating a framework for spending decisions and Strategic Target #3 – Improved Quality of Life by occupying and utilizing a previously vacant building. Fiscal Impact The Animal Services Fund’s expense budget will be increased by $130,000, of which $60,450 will be reimbursed by other contract cities. The remaining $69,550 will be funded by the City’s General Fund. Animal Services is highly dependent on a large contribution from the General Fund, and this increase represents an additional impact to General Fund resources. Below is a 5-year projection of the costs, including the 3% CPI annual lease increase for the City and the partners as well as the cumulative cost to the city and partners for the lease. LEASE AMOUNTS WITH 3% CPI PER YEAR INCLUDED Category FY 2025-2026 FY 2026-2027 FY 2027-2028 FY 2028-2029 FY 2029-2030 Cumulative Total Total Cost $130,000 $133,900 $140,595 $147,625 $155,006 $707,126 City of San Bernardino's Share $68,900 $70,967 $74,515 $78,241 $82,153 $374,777 Regional Partner's Share $61,100 $62,933 $66,080 $69,384 $72,853 $332,349 Packet Page 2077 2 3 2 9 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-356: 1. Authorizing the City Manager to execute Amendment No. 1 to the Lease Agreement with Casa Ramona, Inc. for the property located at 1543 W. 8th Street, San Bernardino, California, to serve as a Satellite Animal Shelter for pet adoptions on behalf of the City of San Bernardino, extending the lease term for five years through September 30, 2030, with a month-to-month conversion at the end of the term; and 2. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Animal Services Budget in the amount of $130,000, appropriated for expenses. Attachments Attachment 1 - Casa Ramona Resolution No. 2025-356 Attachment 2 - Amendment No. 1 to the Lease Agreement with Casa Ramona Attachment 3 - Current Lease Agreement with Casa Ramona Ward: Ward 1 Synopsis of Previous Council Actions: October 2, 2024 – Resolution No. 2024-209: Approved a one-year Lease Agreement with Casa Ramona, Inc., effective through September 30, 2025. Packet Page 2078 Resolution No. 2025-356 Resolution No. 2025-356 August 20, 2025 Page 1 of 3 7 5 1 5 RESOLUTION NO. 2025-356 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE LEASE AGREEMENT WITH CASA RAMONA, INC. FOR THE PROPERTY LOCATED AT 1543 W. 8TH STREET, SAN BERNARDINO, CALIFORNIA, TO SERVE AS A SATELLITE ANIMAL SHELTER FOR PET ADOPTIONS ON BEHALF OF THE CITY OF SAN BERNARDINO, AND AUTHORIZING THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO AMEND THE FY 2025/2026 ANIMAL SERVICES BUDGET IN THE AMOUNT OF $130,000, APPROPRIATED FOR EXPENSES WHEREAS, Casa Ramona, Inc., (Lessor) is the owner of certain real property located at 1543 W. 8th Street, San Bernardino, California, 92411 AND/OR APN 0139-273-03-0000, in the City of San Bernardino, County of San Bernardino, State of California (“the Property”), more particularly described in Exhibit “A”, attached hereto and incorporated herein by reference. WHEREAS, Lessor and Lessee entered into a Lease Agreement on October 2, 2024, for the subject property. WHEREAS, Upon the terms and conditions set forth in the Lease Agreement of October 2, 2024, Lessor desires to continue leasing the Property (the “Leased Premises”) to City, and City desires to continue leasing the Leased Premises from Lessor for the purpose of providing Interim Animal Shelter Supportive services. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Authorize the City Manager to execute Amendment No. 1 to the Lease Agreement between the City of San Bernardino and Casa Ramona, Inc. SECTION 3. Authorize the Director of Finance and Management Services to amend the FY 25/26 Operating Budget in the amount of $130,000 to support the total estimated costs related to Amendment No. 1 to the Lease Agreement with Casa Ramona, Inc. SECTION 4.CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect Packet Page 2079 Resolution No. 2025-356 Resolution No. 2025-356 August 20, 2025 Page 2 of 3 7 5 1 5 on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of August 2025. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page 2080 Resolution No. 2025-356 Resolution No. 2025-356 August 20, 2025 Page 3 of 3 7 5 1 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-356, adopted at a regular meeting held on the 20th day of August 2025, by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____ 2025. Telicia Lopez, CMC, Acting City Clerk Packet Page 2081 - 1 - CITY OF SAN BERNARDINO AMENDMENT NO. 1 TO LEASE AGREEMENT This Amendment No. 1 to Lease Agreement (“Lease”) is made and entered into on this [___] day of [______], 2025, by and between the CITY OF SAN BERNARDINO, a charter city and municipal corporation (“City” or “Lessee”), and Casa Ramona, Inc., a California Nonprofit Corporation (“Lessor”). City and Lessor may be referred to in this Lease individually as “Party” or collectively as “Parties.” RECITALS A. Lessor is the owner of certain real property located at 1543 W. 8th Street, San Bernardino, California, 92411 AND/OR APN 0139-273-03-0000, in the City of San Bernardino, County of San Bernardino, State of California (“the Property”), more particularly described in Exhibit “A”, attached hereto and incorporated herein by reference. B. Lessor and Lessee entered into a Lease Agreement on October 2, 2024, for the subject property. C. Upon the terms and conditions set forth in the Lease Agreement of October 2, 2024, Lessor desires to continue leasing the Property (the “Leased Premises”) to City, and City desires to continue leasing the Leased Premises from Lessor for the purpose of providing Interim Animal Shelter Supportive services. AGREEMENT 1. Term. The term of this Amendment No. 1 to Lease Agreement shall commence on October 1, 2025 (“Renewal Date”). The lease provided herein shall continue for a period of five (5) years, ending on September 30, 2030. After expiration of the term under this Amendment No. 1 to Lease Agreement, and in the case where City has not vacated the Leased Premises prior to expiration, tenancy shall continue on a month -to-month basis, under the same terms and conditions under this Lease, until either party terminates this Lease in accordance with Section 20 of the original Lease. 1.1 Renewal Option. City has an option to extend this Lease for an additional term(s) of one (1) year (“Extended Term”). To exercise the option, City must provide written notice to Lessor at least ninety (90) days before the end of the Initial Term. 2. Payments. 2.1 Base Lease Payments. City shall pay to Lessor, as rent, the sum of $10,763.00 per month (the “Base Lease Payment”) or $1.50 per square foot of gross Packet Page 2082 - 2 - leasable Area (GLA). The first lease payment under this Amendment No. 1 to Lease Agreement shall be due on October 1, 2025. Subsequent lease payments shall be due and payable on the first day of each calendar month. 2.2 Additional Rent. Commencing on the first anniversary of the date City is obligated to pay rent under this Amendment No. 1 to Lease Agreement, and continuing on each subsequent anniversary during the term of this Lease, the Base Lease Payments shall be increased by 3 percent (3%). 3. Notice. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, return receipt requested, telegraphed, delivered or sent by telex, telecopy or cable and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if mailed, three (3) business days after the date of posting by the United States post office, (iii) if given by telegraph or cable, one (1) business day after the date delivered to the telegraph company with charges prepaid. To City: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, California 92401 Attn: City Manager To Lessor Casa Ramona, Inc. Attn: Esther Estrada 531 Tia Juana Street San Bernardino, CA 92411 Notice of change of address shall be given by written notice in the manner detailed in this Section. Rejection or other refusal to accept , or the inability to deliver because of changed address of which no notice was given , shall be deemed to constitute receipt of the notice, demand, request or communication sent. 4. Counterparts. This Amendment No. 1 to Lease Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. 5. Captions. Any captions to, or headings of, the sections or subsections of this Amendment No. 1 to Lease Agreement are solely for the convenience of the parties hereto, are not a part of this Lease, and shall not be used for the interpretation or determination of the validity of this Lease or any provision hereof. 6. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Lease shall not be deemed to confer any rights upon, nor obligate any of the parties thereto, to any person or entity other than the parties hereto. 7. Amendment of Lease. The terms of this Amendment No. 1 to Lease Packet Page 2083 - 3 - Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 8. Waiver. The waiver or failure to enforce any provision of this Amendment No. 1 to Lease Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 9. Applicable Law. This Amendment No. 1 to Lease Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue shall be the County of San Bernardino. 10. Authority to Execute Lease. Lessor and City warrant that the individuals who have signed this Amendment No. 1 to Lease Agreement have the legal power, right and authority to enter into this Lease so as to bind each party for whom they sign to perform as provided herein. 11. Successors and Assigns. This Amendment No. 1 to Lease Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 12. Incorporation of Recitals. Each and all of the Recitals to this Amendment No. 1 to Lease Agreement are incorporated by reference as though fully set forth herein. 13. Entire Agreement. This Amendment No. 1 to Lease Agreement modifies any prior agreements, negotiations and communications, oral or written , between City and Lessor as to the subject matter hereof. No subsequent agreement, representat ion, or promise made by either Party hereto, or by or to any employees, officer, agent or representative of either Party shall be of any effect unless it is in writing and executed by the party to be bound thereby. 14. Severability. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Lease shall continue in full force and effect. 15. Electronic Signatures. The Parties hereto hereby agree that electronic signatures are acceptable and shall have the same force and effect as original wet signatures. Packet Page 2084 - 4 - SIGNATURE PAGE TO AMENDMENT NO. 1 TO LEASE AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND Casa Ramona, Inc., a 501 C3 Nonprofit company IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 to Lease Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Eric Levitt City Manager ATTESTED BY: Telicia Lopez Acting City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CASA RAMONA, INC. Signature Name Title Packet Page 2085 - 5 - EXHIBIT A 1543 W. 8th Street, San Bernardino, CA 92411 Packet Page 2086 Packet Page 2087 Packet Page 2088 Packet Page 2089 Packet Page 2090 Packet Page 2091 Packet Page 2092 Packet Page 2093 Packet Page 2094 Packet Page 2095 Packet Page 2096 Packet Page 2097 2 8 4 5 CONSENT CALENDAR City of San Bernardino Request for Council Action August 20, 2025 Honorable Mayor and City Council Members C. Jeannie Fortune, Interim Director of Finance & Management Services; Eric Levitt, City Manager Finance & Management Services Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file all listed administrative budget transfers from April 1, 2025, through June 30, 2025. Executive Summary Finance & Management Services requests the Mayor and City Council to review and file department to department, administrative budget transfers made from April 1, 2025, through June 30, 2025. Background On May 4, 2022, the Mayor and City Council adopted Ordinance No. MC-1568 which amended Section 3.05.010 in the Municipal Code regarding budget transfers. Specifically, the amendment to the ordinance nullified the not-to-exceed amount of $25,000 per budget transfer; authorized the Director of Finance & Management Services to approve budget transfers within a department’s personnel budget into their operating budget; authorized the Director of Finance & Management Services to approve department to department budget transfers; established that budget transfers will not increase or decrease a department’s approved budget, nor will it increase or decrease the approved fund budget without council approval; and stated that any cumulative amount of more than $5,000 transferred between departments in a 12-month period must be reported to the Mayor and City Council during the regular Quarterly Report. Discussion Budget transfers are requests received by Finance & Management Services from departments to move funds from one account to another after the adoption of the original budget. Transfers occur when a department needs to correct its originally adopted budget Packet Page 2098 2 8 4 5 or move funds to accommodate a change in the department’s planned expenditures. When processing budget transfers, Finance & Management Services verifies that the transfer properly allocates resources based on the strategic objectives and goals set forth by the Mayor and City Council and reflects the priorities of the community. The table below provides a list of the administrative transfers that have been processed. Date of Transfer From To Amount The transfer of $136,211.87 from the City Manager’s Office to Finance & Management Services reallocates the budget for the Auditor II position. The Auditor II position was reclassified to a Principal Accountant in support of departmental restructuring and realignment with operational priorities. This reclassification reflects the evolving needs of the Finance & Management Services department and aligns with the strategic goal of strengthening internal financial oversight. The Principal Accountant will provide increased capacity for financial reporting, audit preparation, and internal controls, supporting the City's broader objective of enhancing fiscal accountability and operational efficiency. The transfer of $22,698.00 from the City Manager’s Office to Economic Development serves as the City’s required matching contribution for the Love Your Block Grant. While the project originally designated $18,000.00 in grant funding for resident-led community improvement initiatives, a total of $40,698.00 was needed to support all eligible and submitted projects. The City Manager’s Office committed the remaining $22,698.00 through departmental savings to ensure all qualifying applicants could be funded. This transfer will fulfill the match requirement and ensure the necessary resources are allocated to each approved project. The transfer of $998,787.09 from the Capital Improvement Program to Public Works reallocates grant funds for the Lytle Creek Park project. Upon further evaluation, the scope of work was determined to align more closely with ongoing maintenance activities rather than capital improvements. As a result, the funding was transferred to the Operations & Maintenance Division, allowing the department to directly manage the funds. This reallocation provides greater flexibility to support a more dynamic and responsive maintenance strategy. Packet Page 2099 2 8 4 5 2021-2025 Strategic Targets and Goals Authorization of this file and receive item aligns with three of the adopted 2021-2025 Key Strategic Targets and Goals. Finance & Management Services reporting on departmental administrative budget transfers completed within the quarter that meet the requirements of the Mayor and City Council helps Improved Operational & Financial Capacity by effectively creating a framework for spending decisions. Administering budget transfers meets the Focused, Aligned Leadership and Unified Community goal by developing and implementing a community engagement plan where the community and staff actively adapt to ensure needs of the community are fulfilled. Improved Quality of Life is met by ensuring that service levels are funded proactively to integrate customer-service orientation and metrics into all City operations. Fiscal Impact There is no General Fund impact to the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file all listed administrative budget transfers from April 1, 2025, through June 30, 2025. Attachments Attachment 1 - Ordinance MC-1568 Ward: All Wards Synopsis of Previous Council Actions: On May 21, 2025, Mayor and City Council received and filed a quarterly administrative budget transfer report from January 1, 2025, through March 31, 2025. On February 19, 2025, Mayor and City Council received and filed a quarterly administrative budget transfer report from October 1, 2024, through December 31, 2024. On November 6, 2024, Mayor and City Council received and filed two separate quarterly administrative budget transfer reports from April 1, 2024, through June 30, 2024, and July 1, 2024, through September 30, 2024. On August 7, 2024, Mayor and City Council received and filed a quarterly administrative budget transfer report from Jan 1, 2024, through March 31, 2024. On March 6, 2024, Mayor and City Council received and filed a quarterly administrative budget transfer report from July 1, 2023, through December 31, 2023. On July 19, 2023, Mayor and City Council received and filed a quarterly administrative budget transfer report from April 1, 2023, through June 30, 2023. Packet Page 2100 2 8 4 5 On January 18, 2023, Mayor and City Council received and filed a quarterly administrative budget transfer report from July 1, 2022, through December 15, 2022. On August 17, 2022, Mayor and City Council received and filed a quarterly administrative budget transfer report from April 5, 2022, through June 30, 2022. On May 4, 2022, Mayor and City Council adopted Ordinance No. MC-1568, amending section 3.05 on the Municipal Code. On December 1, 2021, Mayor and City Council heard the FY 2021/22 1st Quarter Report; Adopted Resolution No. 2021-289 amending the City of San Bernardino’s FY 2021/22 Operating Budget; and introduced, read by title only, and waived further reading of Ordinance No. MC-1568, amending section 3.05 of the Municipal Code pertaining to budget transfers. Packet Page 2101 Packet Page 2102 Packet Page 2103 Packet Page 2104 Packet Page 2105 Packet Page 2106 2 8 5 2 CONSENT CALENDAR City of San Bernardino Request for Council Action August 20, 2025 Honorable Mayor and City Council Members C. Jeannie Fortune, Interim Director of Finance & Management Services; Eric Levitt, City Manager Finance & Management Services Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the Monthly Investment Portfolio Report for June 2025. Executive Summary This action is to receive and file the Investment Portfolio for the month of June 2025. This is regular business of the Mayor and City Council ensuring that City investments are in compliance with the Mayor and Council approved Investment Policy. Background The City’s Statement of Investment Policy requires that a monthly Investment Portfolio Report be prepared and submitted to the Mayor and City Council. Section III, Chapter N of the City’s approved 2025-26 Investment Policy reads as follows, “The Director of Finance shall submit to the City Council, on a monthly basis, a report summarizing the individual transactions executed within the month.” The Director of Finance will prepare, review, and present the City’s Investment Portfolio Report and confirm that the portfolio is in compliance with the City’s Investment Policy. Discussion The Investment Portfolio Report provides a synopsis of investment activity for the City’s investment portfolio for the month ending June 30, 2025. The City’s Investment Portfolio is in full compliance with the City’s current Investment Policy and California Government Code section 53601, and there is sufficient cash flow from a combination of liquid and maturing securities, bank deposits, and income to meet the City’s expenditure requirements. Packet Page 2107 2 8 5 2 Investment Portfolio Summary for the month ended June 30, 2025: Investments Par Value Market Value Book Value % of Portfolio % per City Policy State Local Agency Investment Fund $83,957,784 $83,957,784 $83,957,784 21.77%19.50% Certificates of Deposit $500,000 $479,996 $500,000 0.13%30.00% Federal Agency Issues - Coupon $44,500,000 $43,599,875 $44,490,359 11.53%No cap Money Market Funds $233,644,195 $233,644,195 $233,644,195 60.58%30.00% Corporate Notes $19,125,000 $18,635,761 $19,117,042 4.96%20.00% Supranationals $4,000,000 $3,986,660 $3,998,867 1.04%10.00% TOTAL Investments $385,726,980 $384,304,271 $385,708,248 100.00% Description of Investment Type: •State local Agency investment Fund (LAIF) – a State program created by statute that offers local agencies the opportunity to participate in a major portfolio using the investment expertise of the State Treasurer’s office. The City policy states that the maximum investment amount permitted by California state law regular LAIF accounts is $75m. Current value: $84m. State Local Agency Investment Fund 21.8% Certificates of Deposit 0.1% Federal Agency Issues - Coupon 11.5%Money Market Funds 60.6% Corporate Notes 5.0% Supranationals 1.0% State Local Agency Investment Fund Certificates of Deposit Federal Agency Issues - Coupon Money Market Funds Corporate Notes Supranationals % of Portfolio Packet Page 2108 2 8 5 2 •Certificates of Deposit – savings accounts offered by banks and credit unions offering a fixed interest rate for a specific period of time (guaranteed interest rate). The City policy states that the maximum investment amount permitted is up to 30% of the City’s portfolio ($385m x 30% = $115m). Current value: $500k. •Federal Agency Issues Coupon – purchase of debt securities issued by either a U.S. federal agency (such as Federal Housing Administration (FHA), Small business Administration (SBA), Government National Mortgage Association (GNMA) – “Ginnie Mae,” or a government-sponsored enterprise (GSE) such as Fannie Mae, Freddie Mac or the Federal Home Loan Bank (FHLB). There is no maximum amount (cap) in the City policy for investing in federal agency issues coupons. Current investment: $44.5m. •Money Market Funds – type of mutual funds that invest in highly, liquid, short- term debt securities, which typically include Treasury bills, municipal bonds, and tax-exempt commercial paper. The City policy states that the maximum investment amount permitted is 30% of the City’s portfolio ($385m x 30% = $115m). Current value: $233m. •Corporate Notes – purchase of debt securities issued by corporations to raise capital. Like bonds, they represent a loan from the investor to the company, in exchange for regular interest payments and the return of the principal amount at maturity. The City policy states that the maximum investment amount permitted is up to 20% of the City’s portfolio ($385m x 30% = $115m). Current value: $19m. •Supranationals – a debt security issued by a supranational entity, an organization formed by two or more governments to promote economic development for member countries (ex. World Bank or European Investment Bank). These organizations issue bonds to fund operations and development projects, with the expectation of repayment from operational revenue. The City policy states that the maximum investment amount permitted is up to 10% of the City’s portfolio ($385m x 10% = $38.5m). Current value: $4m. Interest Earnings Summary: 30-Jun 30-Jun Description Month ending FY to Date Interest Collected $891,948 $13,282,664 Plus: Accrued interest at End of Period $209,560 $240,124 Less: Accrued Interest at Beginning of Period ($1,000,907)($1,981,437) Sub-total $100,601 $11,541,351 Adjustments: Premiums and Discounts $2,618 $17,940 Packet Page 2109 2 8 5 2 30-Jun 30-Jun Description Month ending FY to Date Total Interest collected $103,219 $11,559,291 2021-2025 Strategic Targets and Goals The acceptance and filing of the attached Investment Portfolio Report aligns with Key Target No. 1: Improved Operational & Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan. Fiscal Impact There is no fiscal impact associated with receiving and filing the monthly investment report. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the Monthly Investment Portfolio Report for June 2025. Attachments Attachment 1 Investment Portfolio Management Summary Report, June 2025 Attachment 2 FY2025-26 Adopted Investment Policy Ward: All Wards Synopsis of Previous Council Actions: N/A Packet Page 2110 Packet Page 2111 YTM 360 Page 1 Par Value Book Value Maturity Date Stated RateMarket Value June 30, 2025 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date State Local Agency Investment Fund 0.200LOCAL AGENCY INVESTMENT FUND10001 40,940,219.34 40,940,219.34 0.20307/01/2022 40,940,219.34SYS 1 0.200LOCAL AGENCY INVESTMENT FUND10003 43,017,565.10 43,017,565.10 0.20307/01/2022 43,017,565.10SYS10003 1 83,957,784.4483,957,784.4483,957,784.4483,957,784.44Subtotal and Average 0.200 1 Certificates of Deposit 1.134STATE BANK OF INDIA80057 250,000.00 250,000.00 09/28/20261.15009/28/2021 240,252.25856285XL0 454 0.937UBS FINANCE COMMERCIAL PAPER80056 250,000.00 250,000.00 09/22/20260.95009/22/2021 239,743.2590348JT59 448 500,000.00479,995.50500,000.00500,000.00Subtotal and Average 1.036 451 Managed Pool Accounts 0.158CALTRUST GOVT INVESTMENT FUND20008 0.00 0.00 0.16007/01/2022 0.0020008 1 0.000.000.000.00Subtotal and Average 0.000 0 Federal Agency Issues - Coupon 0.957FEDERAL FARM CREDIT BANK30634 1,000,000.00 999,819.44 05/26/20260.95005/26/2021 971,730.00 Aaa3133EMB76 329 0.730FEDERAL FARM CREDIT BANK30655 1,000,000.00 1,000,000.00 07/21/20250.74007/21/2021 998,020.00 Aaa3133EMU91 20 0.594FEDERAL FARM CREDIT BANK30656 1,000,000.00 999,892.14 09/16/20250.55007/21/2021 991,900.00 Aaa3133EL7K4 77 0.888FEDERAL FARM CREDIT BANK30665 1,000,000.00 999,650.00 09/01/20260.87009/01/2021 965,320.00 Aaa3133EM3T7 427 1.312FEDERAL FARM CREDIT BANK30682 1,000,000.00 1,000,000.00 11/03/20261.33011/03/2021 966,730.00 Aaa3133ENDC1 490 1.152FEDERAL FARM CREDIT BANK30683 1,000,000.00 997,514.75 06/15/20260.90011/04/2021 970,870.00 Aaa3133EMH21 349 1.189FEDERAL FARM CREDIT BANK30689 1,000,000.00 997,171.37 06/15/20260.90011/22/2021 970,870.00 Aaa3133EMH21 349 1.519FEDERAL FARM CREDIT BANK30691 1,000,000.00 1,000,000.00 11/30/20261.54011/30/2021 966,190.00 Aaa3133ENFN5 517 1.302FEDERAL FARM CREDIT BANK30692 1,000,000.00 1,000,000.00 06/01/20261.32012/01/2021 975,010.00 Aaa3133ENGC8 335 1.371FEDERAL FARM CREDIT BANK30699 1,000,000.00 1,000,000.00 06/22/20261.39012/22/2021 974,100.00 Aaa3133ENHV5 356 1.272FEDERAL FARM CREDIT BANK30700 1,000,000.00 1,000,000.00 12/22/20261.29012/22/2021 962,930.00 Aaa3133ENJC5 539 1.450FEDERAL FARM CREDIT BANK30703 1,000,000.00 1,000,000.00 01/11/20271.47001/11/2022 964,160.00 Aaa3133ENKG4 559 0.604FEDERAL HOME LOAN BANK30606 2,000,000.00 2,000,000.00 02/26/20260.87502/26/2021 1,957,640.00 Aaa3130AL6L3 240 1.016FEDERAL HOME LOAN BANK30620 1,000,000.00 1,000,000.00 03/30/20261.03003/30/2021 976,830.00 Aaa3130ALV68 272 0.799FEDERAL HOME LOAN BANK30632 1,000,000.00 1,000,000.00 11/26/20250.81005/26/2021 985,690.00 Aaa3130AMLJ9 148 0.789FEDERAL HOME LOAN BANK30643 1,000,000.00 1,000,000.00 09/29/20250.80006/29/2021 991,310.00 Aaa3130AMSY9 90 0.740FEDERAL HOME LOAN BANK30645 1,000,000.00 1,000,000.00 11/28/20250.75006/28/2021 985,230.00 Aaa3130AMTZ5 150 0.838FEDERAL HOME LOAN BANK30653 1,000,000.00 1,000,000.00 03/30/20260.85007/13/2021 975,540.00 Aaa3130AMUD2 272 0.690FEDERAL HOME LOAN BANK30658 1,000,000.00 1,000,000.00 02/26/20260.70008/26/2021 978,110.00 Aaa3130ANJ35 240 0.986FEDERAL HOME LOAN BANK30659 1,000,000.00 1,000,000.00 08/27/20261.00008/27/2021 965,600.00 Aaa3130ANKG4 422 0.740FEDERAL HOME LOAN BANK30662 1,000,000.00 1,000,000.00 09/25/20250.75008/25/2021 991,310.00 Aaa3130ANQJ2 86 Portfolio CITY AP Run Date: 07/17/2025 - 16:50 PM (PRF_PM2) 7.3.11 Report Ver. 7.3.11 Packet Page 2112 YTM 360 Page 2 Par Value Book Value Maturity Date Stated RateMarket Value June 30, 2025 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date Federal Agency Issues - Coupon 0.725FEDERAL HOME LOAN BANK30669 1,000,000.00 998,997.39 01/20/20260.55009/10/2021 979,930.00 Aaa3130AKN85 203 0.814FEDERAL HOME LOAN BANK30673 1,000,000.00 1,000,000.00 12/30/20250.82509/30/2021 982,770.00 Aaa3130AP4S1 182 0.986FEDERAL HOME LOAN BANK30674 1,000,000.00 1,000,000.00 09/30/20261.00009/30/2021 963,170.00 Aaa3130AP6D2 456 1.110FEDERAL HOME LOAN BANK30675 1,000,000.00 1,000,000.00 09/29/20261.12509/29/2021 965,300.00 Aaa3130APCH6 455 1.110FEDERAL HOME LOAN BANK30676 1,000,000.00 1,000,000.00 10/28/20261.25010/28/2021 965,280.00 Aaa3130APHA6 484 1.184FEDERAL HOME LOAN BANK30678 1,000,000.00 1,000,000.00 10/26/20261.20010/26/2021 964,910.00 Aaa3130APHT5 482 1.134FEDERAL HOME LOAN BANK30679 1,000,000.00 1,000,000.00 10/28/20261.15010/28/2021 963,190.00 Aaa3130APGP4 484 1.479FEDERAL HOME LOAN BANK30685 1,000,000.00 1,000,000.00 11/25/20261.50011/30/2021 965,980.00 Aaa3130APWE1 512 1.627FEDERAL HOME LOAN BANK30694 1,000,000.00 1,000,000.00 12/30/20261.65012/30/2021 966,230.00 Aaa3130AQBE2 547 1.381FEDERAL HOME LOAN BANK30701 1,000,000.00 1,000,000.00 12/30/20261.40012/30/2021 962,630.00 Aaa3130AQET6 547 4.932FEDERAL HOME LOAN BANK30706 2,000,000.00 2,000,000.00 08/20/20275.00002/26/2024 1,999,420.003130B06E4 780 0.839FEDERAL HOME LOAN MORTGAGE CRP30615 1,000,000.00 999,295.49 12/23/20250.70003/24/2021 983,260.00 Aaa3134GXHD9 175 0.691FEDERAL HOME LOAN MORTGAGE CRP30663 500,000.00 499,923.27 09/15/20250.62508/19/2021 496,125.00 Aaa3134GWB70 76 4.931FEDERAL HOME LOAN MORTGAGE CRP30707 2,000,000.00 2,000,000.00 02/23/20295.00002/26/2024 2,000,000.003134H1UK7 1,333 0.592FEDERAL NATIONAL MORTGAGE ASSO30585 1,000,000.00 1,000,000.00 07/22/20250.60007/22/2020 997,840.00 Aaa3136G4ZF3 21 0.641FEDERAL NATIONAL MORTGAGE ASSO30588 1,000,000.00 1,000,000.00 08/14/20250.65008/14/2020 995,480.00 Aaa3136G4C43 44 0.533FEDERAL NATIONAL MORTGAGE ASSO30600 1,000,000.00 1,000,000.00 10/27/20250.54010/27/2020 987,820.00 Aaa3136G45C3 118 0.542FEDERAL NATIONAL MORTGAGE ASSO30602 1,000,000.00 1,000,000.00 11/04/20250.55011/04/2020 986,840.00 Aaa3135GA2N0 126 1.177FEDERAL NATIONAL MORTGAGE ASSO30697 1,000,000.00 998,095.31 10/22/20250.56012/15/2021 988,610.00 Aaa3135G06B4 113 5.079FEDERAL NATIONAL MORTGAGE ASSO30708 2,000,000.00 2,000,000.00 02/26/20275.15002/26/2024 2,000,000.003135GAPL9 605 44,490,359.1643,599,875.0044,500,000.0046,789,697.91Subtotal and Average 1.520 380 Money Market Funds 0.010WELLS FARGO GOVT MONEY MARKET20002 233,644,195.29 233,644,195.29 0.01007/01/2022 233,644,195.29SYS20002 1 233,644,195.29233,644,195.29233,644,195.29229,151,051.55Subtotal and Average 0.010 1 Corporate Notes 1.051AMAZON.COM INC30628 1,000,000.00 999,453.72 05/12/20261.00005/13/2021 973,840.00 A1023135BX3 315 0.840BANK OF AMERICA CORPORATION30603 2,000,000.00 1,999,513.57 12/23/20251.00001/25/2021 1,960,360.00 A206048WK66 175 1.404BANK OF AMERICA CORPORATION30622 1,500,000.00 1,494,125.00 01/26/20261.00004/14/2021 1,464,960.00 A206048WK82 209 1.233BANK OF AMERICA CORPORATION30637 1,000,000.00 1,000,000.00 05/28/20261.25005/28/2021 970,820.00 A206048WM31 331 0.846CATERPILLAR FINL SERVICE30660 1,625,000.00 1,625,448.12 03/02/20260.90008/09/2021 1,589,071.25 A214913R2K2 244 1.003JOHN DEERE CAPITAL CORP30648 1,000,000.00 1,000,307.56 06/17/20261.05006/17/2021 970,360.00 A224422EVR7 351 1.277JOHN DEERE CAPITAL CORP30677 1,000,000.00 1,000,064.17 10/13/20261.30010/13/2021 965,090.00 A224422EVW6 469 1.361JOHN DEERE CAPITAL CORP30687 1,000,000.00 996,934.23 06/17/20261.05011/17/2021 970,360.00 A224422EVR7 351 Portfolio CITY AP Run Date: 07/17/2025 - 16:50 PM (PRF_PM2) 7.3.11 Packet Page 2113 YTM 360 Page 3 Par Value Book Value Maturity Date Stated RateMarket Value June 30, 2025 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date Corporate Notes 1.381GOLDMAN SACHS GROUP INC.30646 1,000,000.00 1,000,000.00 06/16/20261.40006/16/2021 971,490.00 A238150AG82 350 1.430GOLDMAN SACHS GROUP INC.30657 1,000,000.00 1,000,000.00 07/30/20261.45007/30/2021 968,720.00 A238150AGW9 394 0.789J.P. MORGAN CHASE & CO30595 1,000,000.00 1,000,000.00 08/18/20250.80008/18/2020 993,040.00 A248128GV56 48 1.184J.P. MORGAN CHASE & CO30625 2,000,000.00 2,000,000.00 04/30/20261.20004/30/2021 1,947,380.00 A248128G3G3 303 1.134J.P. MORGAN CHASE & CO30661 1,000,000.00 1,000,000.00 08/17/20261.15008/17/2021 962,250.00 A248128G4R8 412 0.796TOYOTA MOTOR CREDIT CORP30607 1,000,000.00 999,979.90 10/16/20250.80002/24/2021 989,640.00 A189236THP3 107 1.086UNITEDHEALTH GROUP INC30629 1,000,000.00 1,000,416.33 05/15/20261.15005/20/2021 971,990.00 A391324PEC2 318 0.969WAL-MART STORES NOTE30670 1,000,000.00 1,000,799.33 09/17/20261.05009/17/2021 966,390.00 Aa2931142ER0 443 19,117,041.9318,635,761.2519,125,000.0019,916,516.21Subtotal and Average 1.100 290 Supranationals 4.068FIDELITY INSTL GOVT 65730713 2,000,000.00 2,000,000.00 02/15/20294.12502/26/2024 2,021,760.004581X0EN4 1,325 0.829INTL BK RECON & DEVELOPMENT30667 1,000,000.00 998,867.34 02/10/20260.65008/31/2021 978,030.00 Aaa459058JS3 224 0.816INTL FINANCE CORP30631 1,000,000.00 1,000,000.00 05/15/20261.50005/28/2021 986,870.00 Aaa45950VPY6 318 3,998,867.343,986,660.004,000,000.003,998,792.34Subtotal and Average 2.445 798 384,448,701.45 385,726,979.73 0.306 68384,304,271.48 385,708,248.16Total and Average Portfolio CITY AP Run Date: 07/17/2025 - 16:50 PM (PRF_PM2) 7.3.11 Packet Page 2114 YTM 360 Page 4 Par Value Book Value Stated RateMarket Value June 30, 2025 Portfolio Details - Cash Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date Passbook/Checking Accounts 0.000WELLS FARGO BANK10002 4,044,320.00 4,044,320.0007/01/2022 4,044,320.00SYS10002 1 0.00 384,448,701.45 389,771,299.73 0.306 68 1 4,066,516.52 22,196.52 4,066,516.52 22,196.52 Subtotal Accrued Interest at PurchaseAverage Balance 388,370,788.00 389,774,764.68Total Cash and Investments Portfolio CITY AP Run Date: 07/17/2025 - 16:50 PM (PRF_PM2) 7.3.11 Packet Page 2115 Page 1 Stated Rate Transaction Date June 1, 2025 through June 30, 2025 Activity By Type Balance Portfolio Management CITY OF SAN BERNARDINO CUSIP Investment # Issuer Purchases or Deposits Redemptions or Withdrawals State Local Agency Investment Fund (Monthly Summary) 83,957,784.44Subtotal Certificates of Deposit 500,000.00Subtotal Managed Pool Accounts (Monthly Summary) 0.00Subtotal Federal Agency Issues - Coupon FEDERAL FARM CREDIT BANK30642 0.000.650 06/09/2025 1,000,000.003133EMF98 FEDERAL HOME LOAN BANK30610 0.000.700 06/24/2025 1,000,000.003130ALLA0 FEDERAL HOME LOAN BANK30640 0.000.690 06/10/2025 1,000,000.003130AMMT6 FEDERAL HOME LOAN MORTGAGE CRP30581 0.000.650 06/30/2025 1,000,000.003134GVT99 4,000,000.00 44,490,359.16Subtotal0.00 Money Market Funds (Monthly Summary) WELLS FARGO GOVT MONEY MARKET20002 15,646,573.940.010 10,998,494.21SYS20002 10,998,494.21 233,644,195.29Subtotal15,646,573.94 Passbook/Checking Accounts (Monthly Summary) WELLS FARGO BANK10002 44,751,855.73 40,707,585.73SYS10002 40,707,585.73 0.00Subtotal44,751,855.73 Corporate Notes AMAZON.COM INC30680 0.000.800 06/03/2025 1,000,000.00023135BQ8 J.P. MORGAN CHASE & CO30582 0.001.050 06/23/2025 1,000,000.0048128GU40 2,000,000.00 19,117,041.93Subtotal0.00 Supranationals 3,998,867.34Subtotal 385,708,248.16Total57,706,079.9460,398,429.67 Portfolio CITY AP Run Date: 07/17/2025 - 16:50 PM (PRF_PM3) 7.3.11 Report Ver. 7.3.11 Packet Page 2116 Page 1 June 30, 2025 Interest Earnings Summary Month EndingJune 30 Fiscal Year To Date Portfolio Management CITY OF SAN BERNARDINO CD/Coupon/Discount Investments: 103,526.71Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period 306,304.19 ( 325,121.35) 1,240,086.11 336,868.11 ( 417,522.43) Less Accrued Interest at Purchase During Period ( 0.00)( 0.00) Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods 84,709.55 2,617.94 0.00 1,159,431.79 17,939.75 0.00 87,327.49 1,177,371.54 Pass Through Securities: 0.00Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period 0.00 ( 0.00) 0.00 0.00 ( 0.00) Less Accrued Interest at Purchase During Period ( 0.00)( 0.00) Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Cash/Checking Accounts: 788,421.38Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period -96,743.88 ( 675,785.78) 12,042,577.87 -96,743.88 ( 1,563,914.85) Interest Earned during Period 15,891.72 10,381,919.14 Total Interest Earned during Period Total Adjustments from Premiums and Discounts Total Capital Gains or Losses Total Earnings during Period 100,601.27 2,617.94 0.00 11,541,350.93 17,939.75 0.00 103,219.21 11,559,290.68 Portfolio CITY AP Run Date: 07/17/2025 - 16:50 PM (PRF_PM6) 7.3.11 Report Ver. 7.3.11Packet Page 2117 Resolution No. 2025-300 RESOLUTION NO. 2025-300 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE UPDATED INVESTMENT POLICY FOR FISCAL YEAR 2025/26. WHEREAS, the City of San Bernardino has an existing investment policy consistent with state law and sound financial management; and WHEREAS, the City's Investment Policy governs the cash, treasury, and investment management functions of the City and outlines investment objectives with a focus on safety, liquidity, and yield; and WHEREAS, California Government Code Section 53646 requires the governing board of each local agency to annually review and re-approve its investment policy; and WHEREAS, the Director of Finance and Management Services has reviewed the current Investment Policy and has recommended updates to reflect recent changes in state law, including amendments to Government Code § 53601.8 pursuant to Chapter 239, Statutes of2024 (AB 2618); and WHEREAS, such updates have been incorporated into the proposed Investment Policy, attached hereto as Exhibit "A," and are consistent with the most current Local Agency Investment Guidelines issued by the California Debt and Investment Advisory Commission; and WHEREAS, the updated Investment Policy has been presented to the Mayor and City Council for review and approval for Fiscal Year 2025/26. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby adopt the "Investment Policy for FY 2025/26," attached hereto as Exhibit "A" and incorporated herein and made a part of this Resolution. SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Resolution 2025-300 June 4, 2025 Page 1 of 3 Packet Page 2118 Packet Page 2119 Packet Page 2120 Packet Page 2121 Packet Page 2122 Packet Page 2123 Packet Page 2124 Packet Page 2125 Packet Page 2126 Packet Page 2127 Packet Page 2128 Packet Page 2129 Packet Page 2130 Packet Page 2131 Packet Page 2132 Packet Page 2133 Packet Page 2134 Packet Page 2135 Packet Page 2136 Packet Page 2137 Packet Page 2138 10. Approve Professional Services Agreements for Video Production and Post- Production in an amount not to exceed $366,060 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the award of contracts to the four selected Vendor’s under RFQ F-25-4036; and 2. Authorize the City Manager to execute Professional Services Agreements with VideoFP in an amount not to exceed $88,100; with Alejandro Villanueva in an amount not to exceed $88,960; with Joseph Fernandez in an amount not to exceed $99,000; and with Fire Starter Studios in an amount not to exceed $90,000 over a two-year period; and 3. Authorize Director of Finance and Management Services to issue all related purchase orders not to exceed $366,060 for a two-year term. Packet Page 2139 CONSENT CALENDAR City of San Bernardino Request for Council Action August 20, 2025 Honorable Mayor and City Council Members Rolland Kornblau, Director of Information Technology; Eric Levitt, City Manager Information Technology Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the award of contracts to the four selected Vendor’s under RFQ F-25- 4036; and 2. Authorize the City Manager to execute Professional Services Agreements with VideoFP in an amount not to exceed $88,100; with Alejandro Villanueva in an amount not to exceed $88,960; with Joseph Fernandez in an amount not to exceed $99,000; and with Fire Starter Studios in an amount not to exceed $90,000 over a two-year period; and 3. Authorize Director of Finance and Management Services to issue all related purchase orders not to exceed $366,060 for a two-year term. Executive Summary The Information Technology Department seeks approval to award contracts totaling $366,060 over two years for professional video production and post-production services under RFQ F-25-4036. These services will support citywide communication efforts, including community updates, student recognition, sports coverage, and economic development messaging. Following a competitive procurement process, four vendors were selected to meet the City’s diverse media needs. Funding is fully allocated in the FY 2025/26 budget, with no impact to the General Fund. Approval will authorize execution of contracts and issuance of purchase orders to ensure timely Packet Page 2140 implementation across all wards. Background In alignment with the City's commitment to responsible and effective use of public funds, the Purchasing Division issues a Request for Quotes (RFQ) every two years to secure high-quality, professional video production and post-production services. Each selected vendor enters into a one-year agreement with the option of a one-year extension, at the City’s discretion. The RFQ structure allows for maximum flexibility by enabling prospective vendors to bid on specific services or any combination of services, ensuring comprehensive coverage while optimizing value. The city may select multiple vendors to fulfill the scope of services efficiently and effectively. Discussion The Purchasing Division conducted a competitive Request for Quotes (RFQ) process launched on April 8, 2025, with a May 1, 2025, deadline. Six qualified bids were received and evaluated based on the City's selection criteria, prioritizing lowest responsive and responsible bidders capable of meeting the City's comprehensive video production requirements. The recommended contract structure provides maximum operational flexibility through: •One-year initial agreements with optional one-year extensions at the City's discretion •Multiple vendor selection to ensure comprehensive service coverage •Competitive pricing optimization across various service categories •Scalable service delivery to meet evolving City communication needs Four vendors have been selected to provide services: 2021-2025 Strategic Targets and Goals The request for awarding the contracts aligns with Goal No. 2: Focused, Aligned Leadership and Unified Community to Develop and implement a community engagement plan. The enhanced video production capabilities will strengthen community engagement and support the development and implementation of a comprehensive community engagement plan. Packet Page 2141 Fiscal Impact The contracts present no General Fund impact, with sufficient funds allocated in the FY 2025/26 adopted budget. Future year funding will be incorporated into respective budget cycles, ensuring sustainable program continuation without additional financial burden. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the award of contracts to the four selected Vendor’s under RFQ F-25- 4036; and 2. Authorize the City Manager to execute Professional Services Agreements with VideoFP in an amount not to exceed $88,100; with Alejandro Villanueva in an amount not to exceed $88,960; with Joseph Fernandez in an amount not to exceed $99,000; and with Fire Starter Studios in an amount not to exceed $90,000 over a two-year period; and 3. Authorize Director of Finance and Management Services to issue all related purchase orders not to exceed $366,060 for a two-year term. Attachments Attachment 1 - RFQ F-25-4036 Professional Video Production and Post-Production Services Attachment 2 - VIDEOFP Proposal Attachment 3 - PSA - FY25-26-VideoFP Attachment 4 - JOSEPH FERNANDEZ Proposal Attachment 5 - PSA - FY25-26-Joseph Fernandez Attachment 6 - FIRE STARTER STUDIOS Proposal Attachment 7 - PSA - FY25-26 - Fire Starter Studios Attachment 8 - ALEJANDRO VILLANUEVA Proposal Attachment 9 - PSA - FY25-26-Alejandro Villanueva Ward: All Wards Synopsis of Previous Council Actions: N/A Packet Page 2142 REQUEST FOR VENDOR QUOTES FOR CITY OF SAN BERNARDINO FOR RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES CITY OF SAN BERNARDINO 290 North D Street San Bernardino, California 92401 Telephone: (909) 384-7272 https://www.sbcity.org Packet Page 2143 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 2 OF 31 TABLE OF CONTENTS NOTICE INVITING VENDOR PRICE QUOTES .............................................................. 3 I. BACKGROUND AND INTRODUCTION .................................................................. 4 II. REQUEST FOR QUOTES ....................................................................................... 4 A. Scope of Work/Services ....................................................................................... 4 B. Project Manager ................................................................................................... 4 C. Schedule .............................................................................................................. 5 D. Requests for Clarification ..................................................................................... 5 E. Meeting ................................................................................................................. 5 F. Site Examination ................................................................................................... 6 G. Submittal Requirements of Vendor Price Quote ................................................... 6 H. Selection Process ................................................................................................. 6 I. General Conditions ............................................................................................... 6 ATTACHMENT “A” .......................................................................................................... 8 ATTACHMENT “B” ........................................................................................................ 11 ATTACHMENT “C” ........................................................................................................ 30 ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS ...................................... 31 Packet Page 2144 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 3 OF 31 NOTICE INVITING VENDOR PRICE QUOTES PROJECT NO. RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES PUBLIC NOTICE IS HEREBY GIVEN that vendor price quotes (“Quotes”) will be received by the City of San Bernardino (“City”) electronically through the City’s online bid management provider (“PlanetBids”), before 3:00 pm, Thursday, May 1, 2025. Quotes may NOT be submitted by fax, email, telephone, mail, hand delivery, or other means; any Quotes received through any means other than PlanetBids will be returned to the Vendor unopened. The award of this contract is subject to the available budget adequate to carry out the provisions of the proposed agreement including the identified scope of work. The City reserves the right to reject any or all Quotes. The City is committed to inclusion and diversity and welcomes proposals and bids from contractors, consultants, and vendors of all faiths, creeds, ancestries, and ethnicities without regard to disability, gender identity, sexual orientation, or immigration status. The City condemns and will not tolerate prejudice, racism, bigotry, hatred, bullying, or violence towards any group within or outside of our community. Public Works Prevailing Wage and Contractor Registration N/A Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations (“DIR”). Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made available at the City upon request. The successful Vendor shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Vendor to whom the Agreement is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Agreement, employment of apprentices, hours of labor and debarment of contractors and subcontractors. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No proposal will be accepted nor any contract entered into without proof of the Vendor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the Vendor and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. The contract awarded pursuant to this request may also be subject to compliance monitoring and enforcement by the DIR. Packet Page 2145 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 4 OF 31 I. BACKGROUND AND INTRODUCTION The City is requesting Quotes from qualified vendors 1 (“Vendors”) for PROFESSIONAL VIDEO PRODUCTION AND POST PRODUCTION SERVICES (“Project/Equipment”). To serve and promote the welfare of its residents, the City intends to procure the Project/Equipment, as described below. II. REQUEST FOR QUOTES A. Scope of Work/Services The Project/Equipment sought under this request are set forth in more detail in Attachment “A”, attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Project/Equipment in Attachment “A”, the final scope of Project/Equipment negotiated between City and the successful Vendor shall be set forth in the Professional Services Agreement (“Agreement”) executed by and between City and the successful Vendor. A copy of the Agreement is attached hereto as Attachment “B” and incorporated herein by this reference. B. Project Manager The Project Manager for the City regarding this request will be Michelle Parra, Buyer, Finance Department, Purchasing Division, 909-384-5083, purchasing@sbcity.org, or a designated representative, who will coordinate the assistance to be provided by the City to the Vendor. [CONTINUES ON FOLLOWING PAGE] 1Use of the term “Vendor(s)” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture. Packet Page 2146 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 5 OF 31 C. Schedule The tentative schedule is as follows: ACTION DATE Release of Request for Vendor Quote April 8, 2025 Pre-Bid Meeting Location: N/A N/A Last Day to Submit Questions for Clarification received by the City before 3:00 pm April 14, 2025 Clarifications Issued by City by the end of the day April 18, 2025 Deadline for Receipt of Bids submitted before 3:00 pm May 1, 2025 Evaluations of Bids Completed May 2025 Interview of Finalist(s) May 2025 Vendor Selection May 2025 City Council Approval June 2025 Vendor Award (Agreement through DocuSign) June 2025 Purchase Order Issue July 2025 The above-scheduled dates are tentative, and the City retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the above-described professional Services and City retains the sole discretion to cancel or modify any part of or all of this RFQ at any time. D. Requests for Clarification All questions, requests for interpretations, or clarifications, either administrative or technical must be requested in writing and will be answered in writing through PlanetBids. To ensure a response, questions must be received in writing no later than April 14, 2025, before 3:00 pm local time. E. Meeting For this request, there is no meeting. Packet Page 2147 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 6 OF 31 F. Site Examination For this request, there is no Site Examination. G. Submittal Requirements of Vendor Price Quote The Quote must be received before 3:00 pm local time, on or before May 1, 2025, through PlanetBids. It is solely the responsibility of Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not accept late Quotes. The City will only consider Quotes that have transmitted successfully and have been issued a confirmation number with a time stamp from PlanetBids indicating that the Quote was submitted successfully. Vendors experiencing any technical difficulties with the Quote submission process may contact PlanetBids Support at 1-818-992-1771. Neither the City nor PlanetBids make any guarantee as to the timely availability of assistance or assurance that any given problem will be resolved by the Quote submission date and/or time. Vendors to provide a Quote for the scope of Project/Equipment as set forth in the Vendor Quote Form attached hereto as Attachment “C” and incorporated herein by this reference. Vendors submitting a Quote agree to furnish services to the City in accordance with the Quote submitted, and to be bound by the terms and conditions of this Request for Vendor Price Quote. Vendor is certifying that it takes no exceptions to the request, including but not limited to, the Agreement. H. Selection Process The City will evaluate and award to the responsible Vendor offering the needed quality of supply or work or service at the lowest quotation or determined to be in the best interest of the City. During the evaluation process, the City reserves the right to request additional information or clarifications from Vendors, or to allow corrections of errors or omissions. I. General Conditions 1. General: It is solely the responsibility of the Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not accept late Quotes. 2. Amendments to Request: The City reserves the right to amend the request or issue to all Vendors addenda to answer questions for clarification. 3. Non-Responsive Quotes: A Quote may be considered non-responsive if conditional or incomplete. 4. Costs for Preparing: The City will not compensate any Vendor for the cost of preparing any Quote, and all materials submitted with a Quote shall become the property of the City. The City will retain all Quotes submitted and may use any idea in a Quote regardless of whether that Quote is selected. Packet Page 2148 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 7 OF 31 5. Price Validity: Quotes provided by Proposers in response to this request are valid for 120 days from the due date. The City intends to award the Agreement within this time but may request an extension from the Vendors to hold pricing, until negotiations are complete, and the Agreement is awarded. 6. Availability to Perform Work: Vendor must be available to begin Project/Equipment within 5 working days of the contract being awarded and must complete all Project/Equipment. 7. Additional Costs to Perform Work/Services: The Vendor’s Quote is inclusive of all costs and applicable taxes. Vendor is responsible for all building permit fees, applicable renderings, plans, documentation and fees required by the Agreement. Vendor will be required to maintain at its own cost the necessary insurance as required by the Agreement and a City business license. 8. Vendor License: As applicable, Vendors shall be properly licensed for the services they provide 9. Additional Reservation of Rights by City: The City reserves the right to reject any and all Quotes. The City reserves the right to withdraw this Request for Vendor Quotes at any time without prior notice and the City makes no representations that a contract will be awarded to any Vendor responding to this Request for Vendor Quotes. The City reserves the right to postpone any deadlines required by this Request for Vendor Quotes, including, but not limited to the submittal date outlined in Section F of this Request for Vendor Quotes. [END OF SECTION] Packet Page 2149 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 8 OF 31 ATTACHMENT “A” PROPOSED SCOPE OF PROJECT/EQUIPMENT SERVICES The Vendor will furnish all materials, renderings, equipment, tools, removal, installation, labor, coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project pursuant to the Request for Vendor Quotes and the Agreement. The following is a non-inclusive description of the project work and/or goods to be provided. PROFESSIONSCOPE OF REQUIRED SERVICES A. SCOPE OF REQUIRED SERVICES The City is seeking proposals for professional video production and post-production services from a qualified firm or firms in support of specific marketing efforts and community engagement activities. The successful vendor shall be awarded a 1 year agreement with a 1 year option to extend. The chosen firm (“Contractor”) or firms (“Contractors”) is required to provide video production and post-production services to meet the following requirements as outlined in this Scope of Work. Proposals shall demonstrate Contractor’s ability to provide on-call video production and post- production services, including Contractor’s possession of or access to the necessary video production equipment and editing software and expertise to satisfactorily complete the Scope of Work. The successful “Contractor” or “Contractors” must have the knowledge, expertise, staff, and availability to perform all the work as specified within this RFP; and, have the resources to conduct a full service turnkey video recording and production operation. City does not commit to a specific number of projects or hours that video services and support may be needed. 1. Contractor shall work with the City to produce videos and vignettes on an on-call basis that are one (1) to sixty (60) minutes in duration. Contractor(s) shall contribute to all phases of video and audio production, including but not limited to concept design, scriptwriting, pre-production, post-production, and implementation. This also includes mastering video media for dissemination on various outlets such as the City’s website, social media, and the City’s government cable channel. 2. Produce videos and vignettes: a. Produce no fewer than twelve (12) scripts, videos, and vignettes for the monthly newsmagazine show, Inland Empire Alive. Inland Empire Alive is intended to be a sixty (60) minute monthly show highlighting community events, city projects, and other items of interest of both the city and surrounding communities. b. Produce and edit local area High School sports videos and vignettes for air on the City’s Government cable channel and other online platforms. The ability to provide coverage and live streaming of high school sports is required. c. Produce, edit, and run educational and informative videos and vignettes for air on the City’s government cable channel and other online platforms. Packet Page 2150 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 9 OF 31 d. Produce and edit no fewer than ten (10) videos and vignettes in support of the city’s Capital Improvement Project and highlight plan accomplishments. e. Produce and edit no fewer than five (5) videos and vignettes in support of marketing campaigns designed to promote the City and the business community. These videos and vignettes would involve highlighting the general business climate, individual businesses, and promoting marketing campaigns and economic development initiatives. These video segments are intended to run two to three minutes each. f. Use drones to capture aerial footage as needed for any requested video or vignette. g. Produce and edit additional videos and vignettes as requested by the City. h. Provide photography services on an as-needed basis. 3. Contractor shall offer creative consulting to ensure City video production is in line with current industry design methods and standards. Contractor shall demonstrate experience producing high-quality professional videos for both public and private organizations. 4. All electronic video and vignettes produced shall be in a format compatible with the City’s video server and website. An example of a compatible video format is MPEG-4 or MP4. 5. Contractor shall maintain a video library of previously broadcast programming, used and un-used b-roll, and images and graphics for use in future video productions. 6. Consultant shall have the needed resources (camera equipment, lighting, editing computers, studio space) to film and edit special events, public service announcements and programs of interest to the City of San Bernardino. Projects can vary from short promotional videos to full-length event coverage videos. With reasonable notice, the Consultant will be required to attend events or project shoots for video recording, in addition to creating a final video product for distribution through multiple outlets including digital, social media, and other online distribution channels. B. CONTRACT MODIFICATION From time-to-time minor modifications may be required to the Scope of Work. Permanent modifications to the Scope of Work will be provided to the Contractor in writing. In the event such modifications, in the opinion of the Contractor, make compliance with contract conditions impractical, Contractor shall submit a written request for modification to the requirements in the Scope of Work. This request shall set forth in detail the reason(s) why the specified changes make the Scope of Work impractical and include Contractor’s proposal or recommendation to relieve impracticality. C. INTELLECTUAL PROPERTY RIGHTS & OWNERSHIP 1. Ownership Transfer: Upon full payment, the Contractor irrevocably transfers to the City all rights, title, and interest in and to all project materials, including but not limited to: o Raw footage Packet Page 2151 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 10 OF 31 o Edited videos o Scripts o Graphic elements o Music compositions or licenses obtained for the project o Any other work product created under this Agreement 2. Exclusive Rights: The City shall have exclusive and unrestricted rights to use, modify, distribute, and publicly display the video content for any purpose, in any medium, without additional compensation to the Contractor. 3. Third-Party Materials: The Contractor shall ensure that all third-party materials (e.g., stock footage, music, graphics) are properly licensed for perpetual, unrestricted use by the City. The Contractor is responsible for obtaining any necessary clearances and licenses. D. ADA COMPLIANCE REQUIREMENTS The Contractor agrees to ensure that all final deliverables comply with ADA accessibility standard including: • Closed captions for all spoken content • Transcripts for all audio-based content • Audio descriptions where necessary for visual-only content E. INDEPENDENT CONTRACTOR The Contractor is an independent contractor and not an employee or agent of the City. The City is not responsible for withholding taxes, benefits, or any other obligations on behalf of the Contractor. . Packet Page 2152 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 11 OF 31 SAMPLE AGREEMENT – DO NOT COMPLETE ATTACHMENT “B” [INSERT TYPE OF AGREEMENT] MODEL PROFESSIONAL SERVICES AGREEMENT – REMOVE THIS TITLE WHEN USED. USE ONLY FOR PROFESSIONAL SERVICES – DEFINED AS: SPECIALIZED SERVICES SUCH AS FINANCIAL, ECONOMIC, ACCOUNTING, LEGAL, ENGINEERING OR ADMINISTRATIVE SERVICES PLEASE NOTE: THIS PROFESSIONAL SERVICES AGREEMENT MAY NOT BE USED TO CONTRACT FOR DESIGN SERVICES PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [***INSERT NAME***] This Agreement is made and entered into as of [***INSERT MONTH***] [***INSERT DATE***], 2024 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and [***INSERT NAME***], a [***INSERT TYPE OF ENTITY AND STATE - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: [***INSERT DESCRIPTION***] (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT Packet Page 2153 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 12 OF 31 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” [***Alternatively, the compensation schedule may be described here***] b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $[***INSERT NOT TO EXCEED AMOUNT***]. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. [***Additionally, the City may include a CPI price adjustment, delete the following language if such adjustment will not be used***] Annual increases shall not exceed the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12) month period January Packet Page 2154 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 13 OF 31 through January immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council. 6. Term. This Agreement shall commence on the Effective Date and continue through [***INSERT DATE***], unless the Agreement is previously terminated as provided for herein (“Term”). 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required here under within Term. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. Packet Page 2155 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 14 OF 31 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work and meet the Key Performance Indicators, attached hereto as Exhibit “B” and incorporated herein by this reference. [***IF NO PERFORMANCE INDICATORS WILL BE USED DELETE THE ABOVE LANGUAGE AND ACCOMPANYING EXHIBIT B***] 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall Packet Page 2156 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 15 OF 31 become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided satisfactory evidence to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage Packet Page 2157 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 16 OF 31 (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all Packet Page 2158 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 17 OF 31 subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. g. Aviation and/or Drone Liability [***REMOVE SECTION IF NOT APPLICABLE***] At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. h. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Packet Page 2159 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 18 OF 31 Cyber Liability $1,000,000 per occurrence and aggregate Aviation and/or Drone Liability $1,000,000 per occurrence limit [***REMOVE IF NOT APPLICABLE***] (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. i. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insured, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the Packet Page 2160 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 19 OF 31 policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waivers of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A: VII and admitted to transact in the business of insurance in the State of California or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. l Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. Packet Page 2161 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 20 OF 31 (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are Packet Page 2162 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 21 OF 31 being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). [***IF CITY IS AWARE THAT THE CONSULTANT WILL PERFORM WORK SUBJECT TO PREVAILING WAGE LAW, PLEASE CONTACT LEGAL COUNSEL TO OBTAIN GUIDANCE REGARDING REVISING THE FOLLOWING PROVISION***]If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an Packet Page 2163 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 22 OF 31 amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 27. Organization. Consultant shall assign [***INSERT NAME***] as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. Packet Page 2164 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 23 OF 31 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: [***INSERT DEPARTMENT HEAD TITLE OR “City Manager”***] With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 CONSULTANT: [***INSERT NAME, ADDRESS & CONTACT PERSON***] 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which is not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by Packet Page 2165 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 24 OF 31 operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. Packet Page 2166 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 25 OF 31 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. 44. [***DELETE SECTION IF THESE PENALTIES WILL NOT BE USED***] Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows: (i) Informal Warning (Written or Verbal). Consultant is given a warning in regards to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant. (ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided with a reasonable time to make corrections to their performance. This time period (iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after previous warnings have been issued. (iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement. [SIGNATURES ON FOLLOWING PAGE] Packet Page 2167 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 26 OF 31 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND [***INSERT NAME***] IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: [***INSERT NAME***] City Manager ATTESTED BY: [***INSERT NAME***] City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT Signature Name Title Packet Page 2168 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 27 OF 31 EXHIBIT A [***ATTACH OR INSERT: Scope of Services / Schedule of Charges and Payments / Activity Schedule***] Packet Page 2169 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 28 OF 31 [***IF NO PERFORMANCE INDICATORS WILL BE USED DELETE EXHIBIT B***] EXHIBIT B KEY PERFORMANCE INDICATORS OR PERFORMANCE REQUIREMENTS 1. Performance Expectations • A Performance Measurement Plan (“Performance Plan”) will be developed by the City [***INSERT DEPARTMENT***] and will be reviewed on a quarterly basis. • Consultant will track and document all performance measures identified in the Performance Plan. Measures will include, but a not limited to the measures listed below: • Consultant will develop and distribute, electronically, a monthly summary report showing the current status and 12 month trend of each performance measure • Consultant will attend quarterly meetings scheduled by the City [***INSERT DEPARTMENT***]and present and discuss performance measures • Consultant will track all cost savings for all orders requested by Waste Resources and will report their total Cost Savings on a quarterly basis 2. Performance Measures 1. Safety: a. Definition: the condition of being protected from or unlikely to cause danger, risk, or injury b. Safety Measures are related to PW projects when a contractor is conducting work on a county facility and/or delivery materials and services to a county facility 2. Quality: a. Definition: the standard of something as measured against other things of a similar kind; the degree of excellence of something. b. Quality Measure is related to final result of a product or service. Ex. was the monitor installed correctly, crooked, upside down? Were monthly/annual inspections done correctly/on time, were they incomplete. 3. Cost Savings: a. Definition: a reduction in expenses, especially in business b. Cost Savings Measure is related savings that a vendor makes and passes on to the County. 4. On-Time Delivery: a. Definition: On Time Delivery or OTD refers to a key performance indicator measuring the rate of finished product and deliveries made in time. This Packet Page 2170 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 29 OF 31 rate is expressed in the total number of units delivered within a set period defined by the customer and the supplier. b. On-Time Delivery measure is related to service contracts, where the samples were delivered on time to the lab. This can also refer to pick-up services such as with environmental contracts that deal with hazardous samples Packet Page 2171 ATTACHMENT “C” VENDOR QUOTE FORM VENDOR NAME: PHONE: ADDRESS: The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project: PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE. ITEM NO. DESCRIPTION QUANTITY UNIT COST TOTAL AMOUNT TOTAL VENDOR QUOTE Total Number of Additional Pages: I hereby declare under penalty of perjury that the foregoing is true and correct. SUBMITTED BY: TITLE: (Authorized Representative Signature) PRINT NAME: Packet Page 2172 ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS VENDOR NAME: PHONE: ADDRESS: The Proposer shall demonstrate the willingness and ability to provide the required insurance coverage as set forth in the City requirements within ten (10) calendar days of notification of selection for contract award. The insurance requirements are detailed below: [***CONTACT RISK MANAGEMENT TO ASSESS REQUIREMENTS BASED ON EXHIBIT A SCOPE OF SERVICES PRIOR TO FINAILIZING RFQ/RFP***] MINIMUM INSURANCE REQUIREMENTS PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage and property damage and omissions) [***INSERT ADDITIONAL COVERAGE TYPE HERE IF NEEDED***] [***INSERT ADDITIONAL MINIMUM POLICY LIMIT HERE IF NEEDED***] By signing below, the Proposer acknowledges that they have reviewed the City’s insurance requirements and confirm their ability to meet these requirements within the specified timeframe. SUBMITTED BY: TITLE: ___________________ (Authorized Representative Signature) PRINT NAME: Packet Page 2173 0 PROPOSAL & BID RFQ F-25-4036 City of San Bernardino for Professional Video Production & Post-Production Services Michael Wichman VideoFP Media Production Services Packet Page 2174 2 CONTENTS ▪ Cover ▪ Summary ▪ Identification ▪ Staffing Resources ▪ Experience & Technical Competence ▪ Examples / Images ▪ Methods to Accomplish Work ▪ References ▪ Fees Packet Page 2175 1 PROPOSAL & BID REFERENCING RFQ F-25-4036 City of San Bernardino Professional Video Production & Post-Production Services Executive Summary – Attachment “C” Narrative PROPOSAL BID: $44,050 Submitted: 4/28/25 Thank you for the opportunity to present our proposal for your consideration. Introduction: videoFP is committed to providing reliable and quality video production services to the City of San Bernardino, and its’ community. We are a local company with many ties to this area. We know San Bernardino well. We have a direct, 9-year, positive track record working with the City of San Bernardino. Statements: •I propose to perform the contracted services without subcontracting. •I have reviewed and read the RFQ and related addenda as of 4/28/2025 •I have thoroughly examined and become familiar with the items required under this RFQ and I attest that I am capable of the quality performance to achieve the City’s objectives. •I currently hold a valid City of San Bernardino Business certificate. •I am currently covered by the outlined, and required, liability insurance. •I am currently covered by the outlined, and required, automobile insurance. •I am currently covered by the outlined, and required, drone insurance •I will provide necessary proof, and certificates, of insurance policies. Policies shall be endorsed to waive any right of subrogation against the City, and its Subconsultants, employees, officers, agents and directors for work performed under this Contract . All work will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. videoFP’s performance shall conform in all material respects to the requirements of the Scope of Work The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP ______________________________ MICHAEL WICHMAN, videoFP This proposal is valid for 120 days from the date of submittal. Packet Page 2176 3 IDENTIFICATION OF PROPOSER Bidder: Michael Wichman, Owner DBA videoFP Media Productions City of San Bernardino Business #952343 Vendor #383 -VIDEO FP Planet Bid Vendor ID#1040659 Busines Type: Sole Proprietor Physical Address: 1520 Dexter Way Redlands CA, 92374 909-214-3479 mike@videofp.com www.videofp.com Mailing Address: Box 7962 Redlands, CA 92375 Packet Page 2177 4 Staffing Michael Wichman Video Producer/Director/ Editor/Videographer videoFP Media Productions, Redlands Create corporate, commercial, and industrial video productions for many corporate clients and advertising agencies. This includes TV commercials, training, and promotion videos etc. Additionally, provide multi-camera live streaming services for virtual meetings, presentations, and events. Hire several outside production personnel (crew) depending on the scope of the projects. Media Production Specialist, California State University, California Manage the University’s Television Production Studio, control room editing bays, and field equipment. Train students in the proper use. Research and purchase equipment within State budgets. Oversee maintenance and repair. Assembled the original studio and have rebuilt, and fully upgraded it, four times. Keep studio and systems up to date and use the latest technologies possible. Budget for, and supervise, up to 6 paid assistants. Camera/Director/ Editor, City of San Bernardino Produce long-form videos for the City’s TV station. Live and pre-recorded events. Directed magazine format talk shows and other productions as needed. Director, KESQ-TV, Palm Springs California KESQ-TV ABC network affiliate. Worked with producers and sales department. Shot and edited :30 Television commercials for the Palm Springs market. Directed the 11PM local newscast and other community affairs programs. Assistant Film Editor, Technicolor, San Bernardino, California (former Norton Air Force Base) Technicolor was a contractor for the U.S Military. They provided production services and support to the combat camera division at Norton Air Force Base. Worked with senior editor in assembling 16mm and 35mm negatives. Prepared the final edits to be sent to the lab to be processed etc. David Brady On-Camera Show Host/Writer A journalist praised for his versatility and deftness with copy, David worked as a staff writer for the Los Angeles Times, online producer for the Orlando Sentinel and copy editor for the Los Angeles Daily News after earning a double-major degree in journalism and filmmaking. Next, he spent more than 14 years with Walt Disney Parks and Resorts in a variety of communication roles, including PR, social media, and internal communications. David served as PR manager for Walt Disney World Resort, where he produced and hosted its first podcast, as well as the first podcast for starwars.com, in collaboration with Lucasfilm. He also served on the grand opening task force for Hong Kong Disneyland, led social media efforts for the launch of the Disney Dream cruise ship, and worked as senior writer for Eyes & Ears, a biweekly magazine for Walt Disney World employees. At LEGOLAND Florida Resort, David led a team in developing strategic communication plans, crisis communications, and social media content, as well as PR stunts and grand openings, including live broadcasts, celebrity red carpets, and a satellite media tour. Coverage included USA TODAY, NBC’s “Today” Show, New York Times, Boston Globe, Fox Business Network, ABC News, NBC Sports, FOX Sports, and Parents magazine. On-Camera host for Inland Empire Alive since 2022. Julie Farren Researcher/ Guest Coordinator Julie Farren has lived in San Bernardino for 51 years. She graduated from San Gorgonio High School in 1979 and earned her B.A. in communications/journalism from the University of Redlands in 1983. That same year, she started for the Gannett Co. and began her journalism career at the San Bernardino Sun as a news assistant in the Features dept. and was promoted to the news department five years later as a full-time reporter. She left the Sun and became a freelance writer for The Sun for 10 years, in addition to writing freelance stories for The Sun, she also wrote for Cal State San Bernardino, the University of Redlands and Inland Empire and Orange Coast magazines. In 2001, she was hired by the Press Enterprise and worked there for 9 years and wrote for The Record Gazette for 9 years, covering Beaumont city hall and the school district. She also has written for the Highland Community News. Currently, she is a freelance writer for the online newspaper Community Forward Redlands and volunteers for the Feldheym Library and coordinated the recent Inland Empire History Festival. She is an associate producer on Inland Empire Alive. Packet Page 2178 5 Experience and Technical Competence Videofp is a client-focused media production company founded by Michael Wichman in 1990. It specializes in corporate, commercial, and industrial media production as well as affordable, accessible, community-based video production services. Michael Wichman utilizes his 30 plus years of professional media production experience to service his many clients. Projects include news segment, talk shows, TV commercials, training videos, and much more. We also offer live-streaming video services. In 2015 Michael began providing contracted service to the City of San Bernardino and, more specifically, the Inland Empire Media Group. This entity is supervised by Klyde Layon. Each year since, the services contract has been successfully renewed. Most of the content produced has been community-based segments consisting of events happening around the city. A few examples: “San Bernardino City Festival”, “San Bernardino History Day”, “” and many more. We also produced a weekly informational calendar program titled “What’s Up San Bernardino.” Additionally, videoFP produced a monthly magazine formatted show called “Inland Empire Alive” with various guests from the community and surrounding areas. This production creates a full hour program as well as 4 individual segments each month. • videoFP owns and operates up to date video equipment and utilizes industry video production standards and techniques. • videoFP utilizes the latest version of Adobe Creative suite for audio and video editing plus graphics. • videoFP subscribes to a major music licensing service to provide music beds, sound effects, graphics, stock video and still images. • videoFP has continued to enjoy a strong relationship with the City of San Bernardino and its’ employees. videoFP has consistently met deadlines and schedules. • videoFP is experience in all professional video formats and file codecs with the capability of providing broadcast quality deliverables that meet high quality standards. Packet Page 2179 6 City of San Bernardino Festival San Bernardino History Day Packet Page 2180 7 “Inland Empire Alive!” Monthly Talk Show Weekly Events Calendar – “What’s up San Bernardino” Packet Page 2181 8 Proposed Method to Accomplish the Work: Action Plan We propose to immediately continue the production processes on these programs. videoFP is currently actively producing programs and we look forward to adding even more exciting content soon. “What’s up San Bernardino” As a continuation of this weekly events calendar production, videoFP will continue researching upcoming events and writing scripts for voice over then editing the segments. After several years of producing this series, we have developed resources and contacts for most events that are occurring within the city of San Bernardino. We get emails weekly from viewer and organizations advising us their upcoming events as well. “Inland Empire Alive!” After another successful year or producing Inland Empire Alive! with host David Brady, we are excited to continue to bring interesting interviews to the community. We have several guests pre-booked, researched, and ready to appear on the program. We are also planning on an even wider range of topics and interesting guest including more on - locations segments. This is a 60-minute talk show formatted program. We’ve recently passed a 100-guest milestone! “Community Events and City Projects” videoFP will continue to cover interesting City and community events that are scheduled though out the year. From parks and recreation activities, to special memorial events. We have produced dozens of segments on people , places, and events, of San Bernardino. “Other Community Video Stories” videoFP is committed produce other video content as needed or required. We plan on remaining flexible and as available as possible to help cover subjects that might arise on a short-notice basis. Packet Page 2182 11 References Brenner-Fiedler & Associates Project(s): Manufacturing Product Demos Capacity: Video Producer Contact: Beth Sharkey bsharkey@brfa.com (951)299-4100 x-241 Dates: 3/1/21 through present City of San Bernardino – IEMG Project(s): What’s up San Bernardino/Community Event Segments/Inland Empire Alive Capacity: Contracted Video Producer Contact: Klyde Layon layon_kl@sbcity.org (909) 384-5005 Dates: 7/1/15 through present Corcoran Consulting Group – San Bernardino Project: Medicare Medical Seminars and Educational programs Capacity: Video Producer Contact: Kevin Corcoran 800-399-6565 kcorcoran@corcoranccg.com Dates: 5/1/10 through present Home Show Consultants - Riverside Capacity: Video Producer Contact: Douglas Salma dvdalma@msn.com 909-443-7712 Project: Home Show Television and Radio Commercials Dates: 4/16/90 through present Manufacture’s Council of the Inland Empire – Redlands Project: Jobs in Manufacturing Videos -Seminars & Live Streaming Capacity: Video Producer Contact: Molly Burgess mburgess@mfgcouncilie.com 909-965-6089 Dates: 4/10/14 through present WinpaK Corporation-Rialto Project: Machine Demo Videos Capacity: Video Producer Contact: Mark Griffin mark.griffin@winpak.com (909) 885-0715x180 Dates: 4/10/14 through present Many more professional references upon request Packet Page 2183 RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 32 OF 33 ATTACHMENT “D” ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS VENDOR NAME: PHONE: ADDRESS: The Proposer shall demonstrate the willingness and ability to provide the required insurance coverage as set forth in the City requirements within ten (10) calendar days of notification of selection for contract award. The insurance requirements are detailed below: MINIMUM INSURANCE REQUIREMENTS RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES COVERAGE TYPE MINIMUM POLICY LIMITS Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability (If applicable) $1,000,000 per occurrence and aggregate Aviation and/or Drone Liability (If applicable) $1,000,000 per occurrence limit By signing below, the Proposer acknowledges that they have reviewed the City’s insurance requirements and confirm their ability to meet these requirements within the specified timeframe. SUBMITTED BY: DATE: ___________________ (Authorized Representative Signature) PRINT NAME: TITLE: ___________________ videoFP (909)214_3479 1520 Dexter Way, Redlands CA 92374 Michael Wichman Owner 4/28/25 Packet Page 2184 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 30 OF 33 ATTACHMENT “C” VENDOR QUOTE FORM VENDOR NAME: PHONE: ADDRESS: The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project: PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE. ITEM NO. DESCRIPTION QUANTITY UNIT COST TOTAL AMOUNT TOTAL VENDOR QUOTE Total Number of Additional Pages: I hereby declare under penalty of perjury that the foregoing is true and correct. SUBMITTED BY: TITLE: (Authorized Representative Signature) PRINT NAME: videoFP (909)214-3479 1520 Dexter Way, Redlands CA 92374 1 12 2 3 $2,500.00 $210.00 $200.0020 $44,050.00 0 Michael Wichman Owner Produce Weekly Local Events Highlight $30,000.00 $10,050.00 $4,000.00 Produce Monthy Community Talk Show Misc Community Events and City Projects 50 Packet Page 2185 12 Certification of Proposal “The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RF Q), and to be bound by the terms and conditions of the RFQ.” ____________________________________ ___________________________ Michael Wichman videoFP Date 4/28/25 Packet Page 2186 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 30 OF 33 ATTACHMENT “C” VENDOR QUOTE FORM VENDOR NAME: PHONE: ADDRESS: The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project: PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE. ITEM NO. DESCRIPTION QUANTITY UNIT COST TOTAL AMOUNT TOTAL VENDOR QUOTE Total Number of Additional Pages: I hereby declare under penalty of perjury that the foregoing is true and correct. SUBMITTED BY: TITLE: (Authorized Representative Signature) PRINT NAME: videoFP (909)214-3479 1520 Dexter Way, Redlands CA 92374 1 12 2 3 $2,500.00 $210.00 $200.0020 $44,050.00 0 Michael Wichman Owner Produce Weekly Local Events Highlight $30,000.00 $10,050.00 $4,000.00 Produce Monthy Community Talk Show Misc Community Events and City Projects 50 Packet Page 2187 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VIDEOFP This Agreement is made and entered into as of August 20, 2025 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and VideoFP, a Sole Proprietorship with its principal place of business at 1520 Dexter Way, Redlands, CA 92374 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Professional Video Production and Post-Production Services (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” Packet Page 2188 2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $88,100.00. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. 6. Term. This Agreement shall commence on the Effective Date and continue through August 20, 2026, unless the Agreement is previously terminated as provided for herein (“Term”). The City shall have the option to extend the Agreement for one (1) additional year upon written notice to the Consultant prior to the expiration of the Initial Term. 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. Packet Page 2189 3 a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of Packet Page 2190 4 interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies Packet Page 2191 5 acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). Packet Page 2192 6 (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. g. Aviation and/or Drone Liability Packet Page 2193 7 At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. h. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate Aviation and/or Drone Liability $1,000,000 per occurrence limit (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. i. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional Packet Page 2194 8 insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: Packet Page 2195 9 (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. l Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, Packet Page 2196 10 employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 19. Verification of Employment Eligibility. By executing this Agreement, Packet Page 2197 11 Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the Packet Page 2198 12 matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 27. Organization. Consultant shall assign Michael Wichman as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Rolland Kornblau, IT Director With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: VideoFP 1520 Dexter Way Redlands, CA 92374 Attn: Michael Wichman 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant Packet Page 2199 13 for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. Packet Page 2200 14 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE] Packet Page 2201 15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VIDEOFP IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Eric Levitt City Manager ATTESTED BY: Telicia Lopez Acting City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT Signature Michael Wichman__ Name Owner, Video FP___ Title Packet Page 2202 16 EXHIBIT A Scope of Services / Schedule of Charges and Payments Consultant shall provide professional video production and post-production services to support the City’s public outreach and communication efforts. Consultant will be responsible for producing up to thirty-two (32) short-form video vignettes, each approximately three to four (3–4) minutes in length, as assigned by the City. DELIVERY SCHEDULE: One single produced video package Total Run Time (TRT) is between 45 to 60 seconds Actual weekly delivery based on negotiated schedule Consultant will provide bi-weekly invoice o One-hour (TRT) is 56:40 o Half hour TRT is 26:40 Consultant shall confirm the latest file formats for submission SCOPE OF WORK: A. Produce no fewer than twelve (12) scripts, videos, and vignettes for Inland Empire Alive, a one (1) hour newsmagazine type monthly show B. Produce, and edit educational and informative videos and vignettes for air on the City’s government channel C. Produce city community events and misc. projects as requested. SCHEDULE OF CHARGES BASED ON SCOPE OF WORK: Task Quantity Unit Rate Year 1 Total Option Year Total A. Inland Empire Alive (monthly show) Informative/Educational Vignettes 12 episodes $2,500 $30,000 $30,000 B. Informative/Educational Vignettes 50 videos $210 $10,500 $10,500 C. Community Events / Miscellaneous 20 videos $200 $4,000 $4000 Annual Subtotal $44,050 $44,050 Annual Not-to-Exceed (NTE)$44,050 $44,050 Total Contract Not-To-Exceed (if option year is exercised): $88,100. Packet Page 2203 17 Additional Services: Any additional services beyond the defined scope must be pre-approved in writing by the City and will be billed at a rate of $90 per hour. WORK FOR HIRE: All media recorded, captured, or created by Consultant in connection with the production—whether or not the project is completed—shall be deemed a “work for hire” under applicable law and shall be the sole and exclusive property of the City of San Bernardino. Consultant shall return to the City all such media in its possession, custody, or control within thirty (30) days of the termination or expiration of this Agreement. Packet Page 2204 Page | 1 Professional Video Production and Post-Production Services City of San Bernardino Identification of Proposer a. Legal Name and Address of the company: Joseph Fernandez 12862 South Lane Redlands, CA 92373 b. Legal form of company: Sole Proprietor c. If company is wholly owned subsidiary of a “parent company” identify the “parent company”: N/A, Sole Proprietor d. Name, title, address and telephone number of the proposed representative to contact concerning the Proposal Submittal: Joseph Fernandez, Owner 12862 South Lane Redlands, CA 92373 530.356.6260 e. California Business License Number: N/A, Joseph Fernandez SSN: Packet Page 2205 Page | 2 ATTACHMENT A DELIVERY SCHEDULE: One 30 minute local sports show to be delivered weekly for up to 52 weeks ; 3-5 segments per weekly show. $500 per weekly show One 60 minute local high school prep football show to be delivered weekly/live for no less than 12 weeks if contract is signed in a timely manner to allow 12 weeks of football in season. $1200 per weekly football show 14 high school games (SBCUSD) streamed live via the Internet to IEMG’s YouTube channel. $700 per live produced and streamed game Total Vendor Price: $49,500 SCOPE OF WORK: For the past nine years, Joseph Fernandez has successfully delivered sports programming to the City of San Bernardino in a variety of ways; including but not limited to live sports broadcasts, weekly high school football show and the Sports Weekly program. The methods and strategies utilized the past nine years will continue to guide us in 2025-2026 while also remaining open-minded to improve practices for video production. As it pertains to Sports Weekly, Joseph Fernandez delivers three to four segments, totaling approximately 30 minutes, to the City of San Bernardino every Sunday night. The expectation is to publish these segments during the following week to the IEMG YouTube Channel while also using these segments to produce a half -hour program that airs on the City of San Bernardino TV Cable Channel. The Sports Weekly program contains exclusive interviews, highlights from local games, features on local athletes and coaches and scores from around the area. The content of the show largely comes from the relationships we have built with the schools in San Bernardino and the access they provide. We are able to provide coverage of games on campus, interview athletes and coaches and highlight different teams to frame high school sports in a positive light. Joseph Fernandez shoots and edits the video for Sports Weekly, writes script, and post -produces each segment complete with graphics before delivering to IEMG and the City of San Bernardino. As it pertains to the high school football show Sports Weekly LIVE, Joseph Fernandez delivers a LIVE one- hour program for at least, but not limited to, 12 weeks during the high school football season. Sports Weekly LIVE consists of highlights and interviews from high school football games in San Bernardino and associated leagues. Joseph Fernandez coordinates the coverage each week of high school football in order to cover all the local games. We shoot and edit video in preparation for the live football show which airs once per week. Once the show is finished, it ’s archived on the YouTube Channel and prepped for replay on the TV cable channel. Packet Page 2206 Page | 3 Not only does Joseph Fernandez provide coverage of the games, but he is also in-charge of the live broadcasts as the show is streamed to the IEMG YouTube Channel. Sports Wee kly LIVE is the only high school football show in the Inland Empire and routinely gets more views than any other content on the IEMG YouTube Channel. When people watch Sports Weekly LIVE, they also see PSAs that showcase the City of San Bernardino. By design, we use the football show as a vehicle to spotlight some of the many services and programs that the City of San Bernardino has to offer. We know that more people watch football than anything else on IEMG, so we use that to our advantage to highlight the video PSAs produced by the staff of IEMG. As it pertains to live streaming games, Joseph Fernandez is committed to covering local high school and college games and providing live stream to the IEMG YouTube Channel. Joseph Fernandez provides all of the necessary equipment, including Mac computer, cameras, microphones, lights, cables (HDMI, SDI, XLR, ethernet), headsets, switcher, audio mixer, tables, chairs, EZ-ups and fans if necessary. LIVE games covered by Joseph Fernandez for IEMG including San Bernardino Valley College football, high school football, high school soccer, high school basketball, high school baseball and high school softball. In each instance, Joseph Fernandez is responsible for coordinating with the CIF Southern Section office to obtain live streaming rights for the high school games. Specifically, to SBVC, Joseph Fernandez is responsible for coordinating with the college’s athletic director on live stream set -up including location, internet access and power supply. As in year’s past, Joseph Fernandez intends to live stream the five home football games for SBVC and no -less than a dozen high school games throughout the high school sports calendar. Joseph Fernandez will communicate with IEMG to target some of the top games and teams in the City of San Bernardino for live coverage. The games will be LIVE streamed to the IEMG YouTube Channel and later replayed on the TV cable channel. Packet Page 2207 Page | 4 ATTACHMENT “B” PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JOSEPH “PEP” FERNANDEZ This Agreement is made and entered into as of May 1, 2025 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Joseph Fernandez a Sole-Proprietor with its principal place of business at 12862 South Lane, Redlands, CA 92373, (hereinafter referred to as “Consultant”). City and Consulta nt are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: SPORTS PROGRAMMING (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City em ployee will provide any services under this Agreement. 4. Compensation. a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A”. b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $49,500. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. S aid invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for Packet Page 2208 Page | 5 completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order , where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope ofwork. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. 6. Term. This Agreement shall commence on the Effective Date and continue through July 1, 2027, unless the Agreement is previously terminated as provided for herein (“Term”). 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and s hall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required here under within Term. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmenta l authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reaso nable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. Packet Page 2209 Page | 6 c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining a ll permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operat ions performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work . 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may dee m appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The w ork to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided satisfactory evidence to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance req uired under this section. Packet Page 2210 Page | 7 a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City - designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self- insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. Packet Page 2211 Page | 8 (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any au to). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3 700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before comme ncing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereo f, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a prov ision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) sys tem breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. g. Aviation and/or Drone Liability: No drones will be used. h. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggrega te Packet Page 2212 Page | 9 i. Evidence Required, Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insured, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expira tion date of such insurance. j. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waivers of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require sim ilar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A: VII and admitted to transact in the business of insurance in the State of California Packet Page 2213 Page | 10 or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. l. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will wit hhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If reque sted by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably app roved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged ac ts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limit ation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemn ify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Packet Page 2214 Page | 11 Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agent s free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Section s 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsu ltants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any port ion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specif ied herein. Consultant Packet Page 2215 Page | 12 shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upo n thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought b y any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressl y provided herein. 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 27. Organization. Consultant shall assign Joseph “Pep” Fernandez as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: [***INSERT DEPARTMENT HEAD TITLE OR “City Manager”***] CONSULTANT: Joseph “Pep” Fernandez 12862 South Lane, Redlands, CA 92373 With Copy To: City of San Bernardino Packet Page 2216 Page | 13 Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and ca ncels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which is not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consulta nts, including engineers, in connection with this Project or other projects. Packet Page 2217 Page | 14 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for C onsultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fe e, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Partieshereto warra nt that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Packet Page 2218 Page | 15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JOSEPH “PEP” FERNANDEZ IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: _____________________ City Manager ATTESTED BY: _______________________________ City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT ______________________________________ Signature Name: Joseph “Pep” Fernandez Packet Page 2219 Page | 16 ATTACHMENT “C” VENDOR QOUTE FORM VENDOR NAME: Joseph Fernandez ADDRESS: 12862 South Lane, Redlands CA 92373 PHONE: 530-356-6260 The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have r ead and examined the terms and conditions for the following Project: PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES The undersigned, hereby proposes to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Form for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QOUTE PRICE. Item No. Description Quantity Unit Cost Total Amount 1 SPORTS WEEKLY 51 500.00 $25,500.00 2 SPORTS WEEKLY LIVE 13 1200.00 $15,600.00 3 SPORTS LIVE PRODUCTIONS 12 700.00 $8,400.00 TOTAL VENDOR PRICE: $49,500.00 Total Number of Additional Pages: I hereby declare under penalty of perjury that the foregoing is true and correct. Submitted By: Title: OWNER AND OPERATOR (Authorized Representative Signature) Print Name: JOSEPH FERNANDEZ Packet Page 2220 Page | 17 ATTACHMENT C Continued Executive Summary: This proposal is for Joseph Fernandez to provide to the City of San Bernardino content to facilitate the provision of sports coverage of the high schools and colleges in the City of San Bernardino. Content includes a live one-hour football show, live streaming local games, and providing weekly 30 minute sports program with interviews, highlights and scores. Joseph Fernandez has been proud to serve the City of San Bernardino faithfully for nine years in this role. Joseph Fernandez will be the primary perso n to fulfill this contract. If additional help is needed, he will fill that need with interns and additional sub-contracted sports staff. Project Specific Experience: a. Experience: i. Joseph Fernandez has been in the TV industry for 25 years with a wealth of experience in producing live shows, long formatted features and live game broadcasts. This is based on a skill set that encompasses all aspects of broadcasting including: producing, directing, videography, editing, hosting and managerial experience. Based on his resume, it is apparent that Joseph Fernandez is prepared to meet the goals identified in the RFP and has done so for the City of San Bernardino faithfully for nine years. ii. Any sub-contractors that will be assisting in fulfilling this contract has worked with Joseph Fernandez in broadcasting and video production. Each contractor has their own skill set and will fulfill their obligation. All have assisted Joseph Fernandez in live games and shows for Inland_Sports and most have assisted in programing for IEMG in the past. iii. Joseph Fernandez has 25 years of experience in television and radio and has worked with the City of San Bernardino in this role for eight years. iv. References: Klyde Layon - IEMG TV3 Sports Weekly and Sports Weekly LIVE programming 2015-present 909-384-5005 201 North E Street - Suite 103 San Bernardino, CA 92401 E-mail: layon_kl@sbcity.org CITY OF RIVERSIDE: Ryan Marty, City of Riverside TV Riverside TV Highlight Reel & Football Game of the Week 2014-Present 714-651-7587 3900 Main Street Riverside, CA 92522 Packet Page 2221 Page | 18 VAL VERDE SCHOOL DISTRICT Johnny Nunez, Teen Vision TV 16 The Inland Sports Show, weekly one-hour sports show 2014-2024 951-940-6155 972 Morgan Street Perris, CA 92571 E-mail: jnunez@valverde.edu v. Joseph Fernandez has been producing shows on local sports in the San Bernardino area since 2014. He has extensive knowledge of the area, teams, coaches, league officials, and school staff. He has been honored by many local organizations for his commitment to highlighting local athletes and their contributions to the greater San Bernardino area. b. Project Specific Experience i. IEMG: a. Role: Contractor/Video Producer b. Dollar value of the services: $49,500 c. Dollar value of the fee: NA d. Description of services and weblinks: Provided live streaming of games, weekly sports show and weekly football show: YouTube: IE Media Group e. Staffing: Joseph Fernandez f. Duration of providing services: 12 months g. Relationship to client: Business Contact Infor mation: 909-384-5005 201 North E Street - Suite 103 San Bernardino, CA 92401 E-mail: layon_kl@sbcity.org ii. City of Riverside: a. Role: Freelance Host/Producer b. Dollar value of the services: $5,000 c. Dollar value of the fee: NA d. Description of services and weblinks: Deliver sports video packages, live hosting and reporting: YouTube: City of Riverside e. Staffing: Joseph Fernandez f. Duration of providing services: 12 months g. Relationship to client: Business Contact Information: 951-826-5964 3900 Main Street Riverside, CA 92522 iii. Inland_Sports: a. Role: Owner b. Dollar value of the services: Enter into contract with show sponsors c. Dollar value of the fee: $350 per sponsor d. Description of services and weblinks: Weekly one-hour show, website maintenance, social media: YouTube: Inland_Sports Packet Page 2222 Page | 19 e. Staffing: Joseph Fernandez f. Duration of providing services: 12 months g. Relationship to client: Own company h. Contact Information: 530-356-6260 iv. There has never been a failure of any kind in regard to contracts or agreements with Joseph Fernandez. Nor has there been any withdrawal or litigation of any kind. c. Technical Competence: i. Description of In-House Resources: Mac laptop, Mac Computer, video cameras, tri-pods, microphones, lights, power cords, Final Cut Pro editing software, Wirecast software. ii. Ability to draw upon multi-disciplinary staff: Joseph Fernandez with a versatile skillset can more than fulfill the services requested in the RFP and works closely with sub-contractors that also have professional broadcasting experience. Packet Page 2223 Page | 20 ATTACHMENT “D” ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS VENDOR NAME: JOSEPH FERNANDEZ PHONE: 530.356.6260 ADDRESS: 12862 South Lane, Redlands, CA 92373 The Proposer shall demonstrate the willingness and ability to provide the required insurance coverage as set forth in the City requirements within ten (10) calendar days of notification of selection for contract award. The insurance requirements are detailed below: MINIMUM INSURANCE REQUIREMENTS RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES COVERAGE TYPE Commercial General Liability: MINIMUM POLICY LIMITS $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodil y injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) By signing below, the Proposer acknowledges that they have reviewed the City’s insurance requirements and confirm their ability to meet these requirements within the specified timeframe. SUBMITTED BY: PRINT NAME: JOSEPH FERNANDEZ ______________________________________________ DATE: 4/20/2025 TITLE: OWNER/ SOLE PROP. Packet Page 2224 Page | 21 Packet Page 2225 Page | 22 Packet Page 2226 Page | 23 Packet Page 2227 Page | 24 Packet Page 2228 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JOSEPH FERNANDEZ This Agreement is made and entered into as of August 20, 2025 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Joseph Fernandez, a Sole Proprietorship with its principal place of business at 12862 South Lane, Redland, California 92373 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Professional Video Production and Post-Production Services (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” Packet Page 2229 2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $99,000. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. 6. Term. This Agreement shall commence on the Effective Date and continue through August 20, 2026, unless the Agreement is previously terminated as provided for herein (“Term”). The City shall have the option to extend the Agreement for one (1) additional year upon written notice to the Consultant prior to the expiration of the Initial Term. 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. Packet Page 2230 3 a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of Packet Page 2231 4 interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies Packet Page 2232 5 acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). Packet Page 2233 6 (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. g. Aviation and/or Drone Liability Packet Page 2234 7 At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. h. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate Aviation and/or Drone Liability Not Applicable (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. i. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. Packet Page 2235 8 j. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed Packet Page 2236 9 to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. l. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and Packet Page 2237 10 expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to Packet Page 2238 11 time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. Packet Page 2239 12 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 27. Organization. Consultant shall assign Joseph Fernandez as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Rolland Kornblau, IT Director With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Joseph Fernandez 12862 South Lane Redlands, CA 92373 Attn: Joseph Fernandez 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination Packet Page 2240 13 shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. Packet Page 2241 14 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE] Packet Page 2242 15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND JOSEPH FERNANDEZ IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Eric Levitt City Manager ATTESTED BY: Telitia Lopez Acting City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT Signature Joseph Fernandez__ Name Producer Title Packet Page 2243 16 EXHIBIT A Scope of Work/Schedule of Charges SCOPE OF WORK: Produce and edit local area High School sports videos and vignettes for air on the City’s Government cable channel and other online platforms. The ability to provide coverage and live streaming of High School sports is required. DELIVERY SCHEDULE: One 30-minute local sports show to be delivered weekly for up to 51 weeks; 3-5 segments per weekly show. One 60-minute local high school prep football show to be delivered weekly/live for no less than 13 weeks if contract is signed in a timely manner to allow 13 weeks of football in season. 12 high school games (SBCUSD) streamed live via the Internet to IEMG’s YouTube channel. Producer will provide invoices upon delivery Please check as to the latest file formats SCHEDULE OF CHARGES: $500 per weekly show $1200 per weekly football show $700 per live produced and streamed game, not including CIF-SS Broadcast rights if applicable Deliverable Unit Rate Quantity (Annual) Base Term FY25-26 Option Year FY26-27 Total Contract NTE Weekly Local Sports Shows $500 51 episodes $25,500 $25,500 $51,000 Weekly Football Shows $1,200 13 episodes $15,600 $15,600 $31,200 Livestreamed High School Games $700 12 games $8,400 $8,400 $16,800 Annual Not-to-Exceed $49,500 $49,500 - Total Not-to-Exceed $99,000 All deliverables are annual, and the same scope is expected in both years. No additional compensation shall be paid unless authorized in writing by the City. Packet Page 2244 17 WORK FOR HIRE: Whether or not a show is taken through all the steps to completion, all media recorded and/or created as part of the production of the show is the result of a “work for hire” agreement and is the sole property of the City of San Bernardino. Any media in the possession of the Consultant must be relinquished to the City of San Bernardino within thirty (30) days of the termination of the production. Packet Page 2245 CITY OF SAN BERNARDINO RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES NARRATIVE FIRE STARTER STUDIOS UEI: PA5SH2TL2AA7 Contact: Kimberly A. Austin 28348 Constellation Road, Suite 820 Santa Clarita, CA 91355 ka@firestarterstudios.com | 747-201-7400 x107 Packet Page 2246 City of San Bernardino RFQ F-25-4036 FIRE STARTER STUDIOS Professional Video Production and Post Production Services UEI: PA5SH2TL2AA7 2 EXECUTIVE SUMMARY Fire Starter Studios tells stories that connect, resonate, and make an impact. Whether it’s a fast- paced highlight reel or a long-form community spotlight, our work is built to inform, inspire, and connect. With Emmy-nominated experience, deep roots in documentary, nonfiction, and live sports production, and a reputation for delivering broadcast-quality content on tight timelines, our team brings both creative vision and rock-solid reliability to every frame. Led by Director/Producer Rachel Klein and Writer/Producer Kimberly A. Austin, our studio blends storytelling instincts honed in the entertainment and broadcast sports industry with a decade of experience serving government entities, nonprofits, and major brands including: the National Endowment for the Arts, US Forest Service, Oregon Department of Education, City of Palmdale, County of Los Angeles, UNICEF, and the Nobel Prize winning World Food Program. Rachel’s background includes years of producing live sports for networks, including award- winning sports programming for NBC, CBS, ABC, Fox, HBO, and ESPN, and marquee documentary projects like ESPN’s 30 for 30: The Fab Five, Fox’s UFC Primetime, and Xbox’s Every Street United. From managing split-location shoots on compressed schedules to delivering polished episodes under weekly deadlines, our team knows what it takes to deliver when the pressure’s on. Kimberly comes from documentary and nonfiction television with extensive experience producing talk, magazine-format, documentary, and nonfiction series for networks like CBS, Fox, Lifetime, A&E, Discovery, HGTV, DIY, Travel Channel, and Disney Channel. She has produced content from documentary features to magazine content, cooking, gardening, crafts, how-to, court shows, profiles, and reality. We bring that same energy and precision to every project, whether we’re building content for federal agencies or producing a feature-length film. Our work on United States of Arts—a 67- episode documentary series for the National Endowment for the Arts—was recognized with back-to-back Primetime Emmy® nominations. These short films, produced under a federal contract, captured artists and organizations in all 50 states and U.S. jurisdictions. The result was a vast library of footage, which we later repurposed into custom social content under a separate NEA contract, showcasing our ability to scale, organize, and creatively reimagine assets across platforms. Our series National Endowment for the Arts: United States of Arts, produced under a federal contract, earned back-to-back Primetime Emmy® nominations—unprecedented for an independent studio in a category usually dominated by national networks. It’s a testament to the level of quality and care we bring to every project we take on. Fire Starter Studios (certified SBE, WBE, and DBE) offers end-to-end production services: creative consulting, scripting, shooting (including by FAA licensed Drone pilots), motion graphics, sound mixing, and final mastering for all platforms—from social media to cable broadcast. We maintain an extensive and well-organized footage library for long-term projects with clear logs and transcripts. Whether highlighting capital improvement projects, promoting economic development, or helping residents connect with city services, we’re here to make the City of San Bernardino look and sound its best. We deliver broadcast-quality content that resonates on time and on budget! Packet Page 2247 City of San Bernardino RFQ F-25-4036 FIRE STARTER STUDIOS Professional Video Production and Post Production Services UEI: PA5SH2TL2AA7 3 PROJECT SPECIFIC EXPERIENCE: Los Angeles County Women and Girls Initiative Role of the firm: Full-service video production from development through final delivery Dollar value of the services provided: $90,000 Dollar value of the total contract fee: $90,000 Description of services provided: The County of Los Angeles Women and Girls Initiative commissioned Fire Starter Studios to create unique and memorable instructional videos to kick off the first ever county wide Gender Impact Assessment. As a team of female creatives, we jumped at this opportunity and created an award-winning Vox style suite of videos to train county employees on what a Gender Lens is and how to conduct a Gender Impact Assessment of all county departments and programs. Links to sample videos from this project: https://vimeo.com/691047009 Password = FIRE This video kicked off the instructional course that Fire Starter Studios created for Los Angeles County’s first ever Gender Impact Assessment a training course for county employees to introduce the concept of Gender Equity and teach them how to conduct the Gender Impact Assessment of Los Angeles County’s services and programs. https://vimeo.com/691046416 Password = FIRE This second video is from later in the course when the specifics for conducting the Gender Impact Assessment were detailed. Staffing assigned to the project: Producer/Director Rachel Klein, Producer/Writer Kimberly Austin, Director of Post Production/Editor Erik Hogan, Post Supervisor Christine Hsia, Director of Photography Eric Middleman, Audio Suzan Jones, Wardrobe Kristin Ingram, Editor Eric Middleman Duration of services provided: November 2021 - April 2023 Relationship to the client: Fire Starter Studios was awarded a spot on the video production bench for Los Angeles County. While on that bench we were awarded the contract to produce the suite of training videos for the Women and Girls. We had previously created animated videos Office of the CEO for LA-HOP (Los Angeles County Homeless Outreach Portal) and for the Los Angeles County Public Library. Client Reference Contact Information Abbe Land Executive Director, Women and Girls Initiative Los Angeles County Office of the CEO 323-533-0663 abbe@abbeland.com Packet Page 2248 City of San Bernardino RFQ F-25-4036 FIRE STARTER STUDIOS Professional Video Production and Post Production Services UEI: PA5SH2TL2AA7 4 Metropolitan Nashville Public Schools Role of the firm: Full-service video production from development through final delivery Dollar value of the services provided: $150,000 Dollar value of the total contract fee: $500,00 - funding for the project was cut to $150 before we even began work. Description of services provided: For Metropolitan Nashville Public Schools, Fire Starter Studios created a suite of documentary style videos designed to highlight best practices for English Language Arts education from kindergarten all the way through high school level classes. For this project we worked closely with MNPS Literacy Curriculum Directors, Assistant Directors, Teachers, and administrators to develop the structure of each video, what would be featured, who would be interviewed, when, how, etc. Detailed treatments were developed for each video as well as individual interview questions for each teacher, administrator and student interviewed. Fire Starter Studios provided all per-production, production, and post production services. Under this contract a total of 8 videos were created ranging from 6-30 minutes each, 4 focused on elementary literacy and 4 on secondary (middle and high schoolers). Links to sample videos from this project: **This link and the video are confidential. They are submitted for review purposes only for this RFP and to be considered confidential.** Password for videos: SanB2025 How Teachers Can Implement Aggressive Monitoring https://vimeo.com/949359474 School Culture https://vimeo.com/949362269 Staffing assigned to the project: Producer/Writer Kimberly Austin, Producer/Director Rachel Klein, Director of Post Production/Editor Erik Hogan, Producer Melissa Friedman, Director of Photography Randy Hale, Audio Phil Turner, Editor Jonathan Lee Duration of services provided: Project kickoff was February 28, 2024, and final delivery was made June 4, 2024. Relationship to the client: Fire Starter Studios had no prior relationship with Metropolitan Nashville Public Schools. They issued an RFP, Fire Starter Studios submitted a proposal, and we were chosen for contract award. MNPS stakeholders were thrilled with the finished videos. Client Reference Contact Information Jill Petty Executive Director, Curriculum & Instruction, Division of Teaching and Learning Metropolitan Nashville Public Schools 615-259-8718 jill.petty@mnps.org Packet Page 2249 City of San Bernardino RFQ F-25-4036 FIRE STARTER STUDIOS Professional Video Production and Post Production Services UEI: PA5SH2TL2AA7 5 U.S. Department of Agriculture Forest Service Role of the firm: Fire Starter Studios was contracted to take pre-existing virtual interview footage and do all the work necessary to deliver a completed film. Dollar value of the services provided: $52,650 Dollar value of the total contract fee: $52,650 Description of services provided: The USDA Forest Service needed a production company to create a cohesive narrative of the Evolution of their Serious Accident Review process from one that looks to find fault to one that seeks to learn from accidents and help stop them from happening in the future. They had hundreds of hours of interviews with more than 60 individuals conducted during COVID over Microsoft Teams and wanted to turn that into a narrative, documentary-style film. Fire Starter Studios combed through the interviews, presented an outline, and then crafted a story-driven narrative highlighting firsthand experiences and remembrances. The resulting film offers both the factual account, not just the evolution of the serious accident review process within the Forest Service, but why and how it happened, what obstacles were faced, from whom, and how those obstacles were overcome. Even though for this project we were working backwards, crafting a completed film out of preexisting pieces, the skillset and desired outcome are the same. Convey the essential learning information in a way that resonates with the viewer and teaches the desired content. Link: https://youtu.be/1FuWyE0-BHI?si=r9rZlq28va81LeJo This is the link to the US Forest Service’s Wildland Fire Lessons Learned Center YouTube Channel Staffing assigned to the project: Producer/Writer Kimberly Austin, Producer/Director Rachel Klein, and Director of Post Production/Editor Erik Hogan. Duration of services provided: The contract ran from October 2023 to October 2024, the was 99% completed by May 2024 when it was put on hold by the Forest Service. Once they provided their final notes, the film was finished and delivered in October 2024. Relationship to the client: Fire Starter Studios had no prior relationship with the US Forest Service. They issued an RFP; Fire Starter Studios submitted a proposal, and we were chosen for contract award. Joe Harris and the US Forest stakeholders were delighted with the completed film. Client Reference Contact Information Joe Harris Deputy Director (Accident Reviews), Innovation and Organizational Learning (IOL) USDA Forest Service 208-514-6651. joseph.r.harris@usda.gov Packet Page 2250 RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 32 OF 33 ATTACHMENT “D” ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS VENDOR NAME: PHONE: ADDRESS: The Proposer shall demonstrate the willingness and ability to provide the required insurance coverage as set forth in the City requirements within ten (10) calendar days of notification of selection for contract award. The insurance requirements are detailed below: MINIMUM INSURANCE REQUIREMENTS RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES COVERAGE TYPE MINIMUM POLICY LIMITS Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability (If applicable) $1,000,000 per occurrence and aggregate Aviation and/or Drone Liability (If applicable) $1,000,000 per occurrence limit By signing below, the Proposer acknowledges that they have reviewed the City’s insurance requirements and confirm their ability to meet these requirements within the specified timeframe. SUBMITTED BY: DATE: ___________________ (Authorized Representative Signature) PRINT NAME: TITLE: ___________________ Fire Starter Studios, LLC 747-201-7400 x107 28348 Constellation Road, Suite 820, Santa Clarita, CA. 91355 4/30/2024 Kimberly A. Austin President Packet Page 2251 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 33 OF 33 REQUIRED BID SUBMITTALS CHECKLIST The following documents must be completed, signed, and submitted with the Bid. Incomplete submittals may be deemed non-responsive. # REQUIRED DOCUMENT INCLUDED IN BID PACKAGE 1 Attachment “C” - Vendor Quote Form ☐ 2 Attachment “C” - Narrative Submittals (Executive Summary and Project-Specific Experience) ☐ 3 Attachment “D” - Acknowledgement of Insurance Requirements ☐ 4 Optional - Disadvantaged Business Enterprise (DBE) Form ☐ [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] X X X Packet Page 2252 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 30 OF 33 ATTACHMENT “C” VENDOR QUOTE FORM VENDOR NAME: PHONE: ADDRESS: The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project: PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE. ITEM NO. DESCRIPTION QUANTITY UNIT COST TOTAL AMOUNT TOTAL VENDOR QUOTE Total Number of Additional Pages: I hereby declare under penalty of perjury that the foregoing is true and correct. SUBMITTED BY: TITLE: (Authorized Representative Signature) PRINT NAME: FIRE STARTER STUDIOS, LLC 747-201-7400 28348 Constellation Rd, Suite 820, Santa Clarita, CA 91355 A 12 $2,500 Rachel Klein CEO Vignettes for 60 minute news magazine B Sports vignettes - matching one on camera talent on SB website B Live sports streaming - assumption 4 cameras 1 $5,500 $5,500 1 $2,300 $2,300 $30,000 C Informational videos 1 $5,500 $5,500 D ALL PRICING IS BASED ON VIDEO SAMPLES PROVIDED ON THE YOUTUBE CHANNEL. 10Capital Improvement videos E Marketing videos - 2-3 minutes each 5 F Drone footage - one day shoot/10 hours 1 G H Photography - 1 day shoot with 20 edited photographs 1 1Additional videos - assumption one day shoot, editing, graphics 1 $1,800 $1,800 $2,450 $2,450 $2,450 $2,450 $24,500 $12,250 $2,450 $2,450 $86,750 Packet Page 2253 ,☐•. n o • 508 compliance - audio description, transcripts, closed cap $250/hour of content (English) • 2D Animated social media videos: 10-15 seconds $1,000 each • Spanish language translation: $1,000 per video includes audio, translation, and subtitles • 2D animation - 60 seconds $3,995 • Additional seconds - 2D animation $40/second over 60 seconds • 3D animation - 60 seconds $10,500 • Additional seconds - 3D animation $95/second over 60 seconds • Film crew lunches (typical 6 person shoot incl client) $25pp • Voiceover $1,050/75 seconds Additional costs: Packet Page 2254 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FIRE STARTER STUDIOS This Agreement is made and entered into as of August 20, 2025 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Fire Starter Studios, a Limited Liability Corporation with its principal place of business at 28348 Constellation Rd., Suite 820, Santa Clarita, CA 91355 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Professional Video Production and Post-Production Services (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” Packet Page 2255 2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $90,000.00. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. 6. Term. This Agreement shall commence on the Effective Date and continue through August 20, 2026, unless the Agreement is previously terminated as provided for herein (“Term”). The City shall have the option to extend the Agreement for one (1) additional year upon written notice to the Consultant prior to the expiration of the Initial Term. 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. Packet Page 2256 3 a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of Packet Page 2257 4 interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies Packet Page 2258 5 acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). Packet Page 2259 6 (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. g. Aviation and/or Drone Liability Packet Page 2260 7 At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. h. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate Aviation and/or Drone Liability $1,000,000 per occurrence limit (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. i. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. Packet Page 2261 8 j. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed Packet Page 2262 9 to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. l Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and Packet Page 2263 10 expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to Packet Page 2264 11 time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. Packet Page 2265 12 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 27. Organization. Consultant shall assign Rachel Klein as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Rolland Kornblau, IT Director With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Fire Starter Studios, LLC 28348 Constellation Rd. Suite 820 Santa Clarita, CA 91355 Attn: Rachel Klein 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination Packet Page 2266 13 shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. Packet Page 2267 14 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE] Packet Page 2268 15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND FIRE STARTER STUDIOS IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Eric Levitt City Manager ATTESTED BY: Telicia Lopez Acting City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT Signature Name Title Packet Page 2269 16 EXHIBIT A Scope of Services / Schedule of Charges SCOPE OF WORK: Consultant shall provide video production and post-production services in support of the City’s outreach and marketing efforts. Services include: Pre-production planning and coordination On-location filming and direction Video editing, sound design, and visual effects Integration of City branding and messaging Final delivery in formats suitable for digital platforms, including social media and the City’s website Consultant shall complete a minimum of: Three (3) informational videos (approx. 5–6 minutes each) Eight (8) marketing videos (approx. 2–3 minutes each) Additional video services may be requested by the City based on available budget and department needs. SCHEDULE OF CHARGES: Task Description Quantity (per year) Rate Base Term FY25- 26 Option Year FY26-27 Informational Videos 3 $5,500 $16,500 $16,500 Marketing Videos 8 $2,450 $19,600 $19,600 Reserved for Econ Dev Use --$8,900 $8,900 Annual Not-to-Exceed (NTE)$45,000 $45,000 The $8,900 reserved for Economic Development may be used for additional video work with prior written City approval. WORK FOR HIRE: All media, content, footage, and materials created under this Agreement shall be considered a “work for hire” as defined under applicable law and shall be the sole and exclusive property of the City of San Bernardino. Consultant shall return all such media in its possession, custody, or control to the City within thirty (30) days of expiration or earlier termination of this Agreement. Packet Page 2270 RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION and POST-PRODUCTION SERVICES Alejandro Villanueva Video Services P.O. Box 9084 Crestline, CA 92322 (562) 728-7499 villanuevamedia.com Packet Page 2271 EXECUTIVE SUMMARY Alejandro Villanueva is a San Bernardino County based creative services provider that specializes in producing video content utilizing the latest audio/video technology to produce cost-efficient original video content. For 13 years Alejandro Villanueva has been producing video segments highlighting the positive stories and developments within the City of San Bernardino. During this time many professional connections and working relationships have been made and maintained with coaches working in the High Schools in the city of San Bernardino. All production equipment necessary for the delivery of Services is maintained and updated regularly to stay up to date with the latest technology. This equipment includes: cameras, lenses, lighting, audio recorders steady cams. Two editing suites are maintained running both Davinci Resolve and Adobe Premier Pro for post-production editing, transcoding and exporting. Alejandro Villanueva has the experience, technical competence, technological resources to complete and deliver the work proposed, and has an established record of producing quality work. Alejandro Villanueva Media is sole proprietorship owned and operated by Alejandro Villanueva, no additional staffing or subcontractors are employed. The undersigned hereby submits its proposal and agrees to furnish services to the City in accordance with the (RFP). Alejandro Villanueva _______________________ Packet Page 2272 PROJECT SPECIFIC EXPERIENCE The three most relevant service contracts held within the last five years have been for video production services for the City of San Bernardino (IEMG). The role played by Alejandro Villanueva has been videographer/segment producer. The dollar value of services provided for the last fiscal year was 32,400. The dollar value of the the last fiscal year contract was 45,000. The services provided were primarily the production of local area High School sports videos highlighting students participating in various sport who display sportsmanship and have an outstanding academic record reflected in Grade Point Averages above 3.0. Video production services were completed weekly throughout the year by Alejandro Villanueva with no additional staffing required. The client reference contact for the Local area High School sports video project is Klyde Layon, Broadcast Coordinator, Inland Empire Media Group Layon_kl@sbcity.org (909)384-7272 Sample High School sports and other videos can be view at the links below: Student Athlete videos produced: https://youtube.com/playlist?list=PLp59OPT8R90lyi8OXpF4hRRyaVkHNAIGk Samples Arts, City and Business videos produced: https://cargocollective.com/VillanuevaMedia No direct relationship or conflict of interests exist between clients and service provider Alejandro Villanueva. Alejandro Villanueva _______________________ Packet Page 2273 REQUEST FOR VENDOR QUOTES Project No. RFQ F-25-4036 RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 30 OF 33 ATTACHMENT “C” VENDOR QUOTE FORM VENDOR NAME: PHONE: ADDRESS: The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project: PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE. ITEM NO. DESCRIPTION QUANTITY UNIT COST TOTAL AMOUNT TOTAL VENDOR QUOTE Total Number of Additional Pages: I hereby declare under penalty of perjury that the foregoing is true and correct. SUBMITTED BY: TITLE: (Authorized Representative Signature) PRINT NAME: Alejandro Villanueva (562)728-7499 PO Box 9084 Crestline, CA 92322 1 High School Sports Videos/Vignettes 32 1390 44,480 0 Videographer/Producer Alejandro Villanueva Packet Page 2274 Agreement Title/Number: _________________________ Page 1 of 10 CITY OF SAN BERNARDINO DBE QUESTIONNAIRE AND GOALS FORM 1. Agreement Information: _____________________________________________ Agreement No: ____________________________________________________ Term: ____________________________________________________________ Brief Description of Contract: _________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 2. Contact information of person(s) responsible for Contractor’s monthly DBE reporting: Name: ___________________________________________________________ Contractor’s DBE Goal: Description Dollar Value Per Year/Lump Sum, Etc. Total Dollar Value of Work/Agreement: $ Total Dollar and Percentage of Work Planned with DBEs* (Contracting and Subcontracting) $ % Estimated Percentage Breakdown MBEs (minorities, male and female) $ % WBEs (non-minority female) $ % SDVBEs (service-disabled veteran) $ % LGBTQ (Lesbian, gay, bisexual, transgender) $ % *NOTE: The estimated total dollars will be adjusted using the above percentages for any change in Agreement value. By Signing below, Contractor/Vendor/Consultant represents and warrants that: a) Contractor/Vendor/Consultant shall maintain all necessary documents and records to demonstrate efforts to achieve the above DBE goals b) Contractor/Vendor/Consultant is responsible for identifying, soliciting, and qualifying appropriate certified DBE subcontractors to the extent necessary to meet Contractor’s/Vendor’s/Consultant’s DBE goal c) The above information is true and correct to the best of its knowledge Signature: ___________________________________________________________________________ Name and Title: ______________________________________________________________________ Contractor Entity Name: ________________________________________________________________ Contact Info. (email/phone number): ______________________________________________________ Date: _________________________________________ RFQ F-25-4036 Video production and Post Production RFQ F-25-4036 Fiscal year Video production and post production Local area High School Sports videos/vignettes. Alejandro Villanueva 44,480 Alejandro Villanueva Videographer/Producer Alejandro Villanueva routetroupe@gmail.com (562)7287499 4/22/2025 44,480 44,480 100 0 0 0 Packet Page 2275 Agreement Title/Number: _________________________ Page 2 of 10 SUBCONTRACTOR Information Duplicate this form for EACH DBE Subcontractor. Subcontractor Entity Name: ___________________________________________________________ Phone: (____) _________________________________ Address: ____________________________________________________ City: ____________________________________________ State: ________ Zip: ________________ Description of Goods/Materials/Equipment or Services to be provided: _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Name & Title of Owners(s): Name: ___________________________________ Title: __________________________ M/F Name: ___________________________________ Title: __________________________ M/F Name: ___________________________________ Title: __________________________ M/F Name: ___________________________________ Title: __________________________ M/F Non-Minority Female African American Asian/Pacific American Hispanic/Latino American Native American Multi-Ethinic LGBTQ Other: _________________ Service-Disabled Veteran Alejandro Villanueva 562 728-7499 PO Box 9084 Crestline CA 92322 Professional video production and post production services Alejandro Villanueva Videographer/Producer Male X Packet Page 2276 RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 32 OF 33 ATTACHMENT “D” ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS VENDOR NAME: PHONE: ADDRESS: The Proposer shall demonstrate the willingness and ability to provide the required insurance coverage as set forth in the City requirements within ten (10) calendar days of notification of selection for contract award. The insurance requirements are detailed below: MINIMUM INSURANCE REQUIREMENTS RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES COVERAGE TYPE MINIMUM POLICY LIMITS Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability (If applicable) $1,000,000 per occurrence and aggregate Aviation and/or Drone Liability (If applicable) $1,000,000 per occurrence limit By signing below, the Proposer acknowledges that they have reviewed the City’s insurance requirements and confirm their ability to meet these requirements within the specified timeframe. SUBMITTED BY: DATE: ___________________ (Authorized Representative Signature) PRINT NAME: TITLE: ___________________ PO Box 9084 Crestline, CA 92322 Alejandro Villanueva (562)728-7499 4/22/2025 Alejandro Villanueva Videographer/Producer Packet Page 2277 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ALEJANDRO VILLANUEVA This Agreement is made and entered into as of August 20, 2025 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Alejandro Villanueva, a Sole Proprietorship with its principal place of business at PO Box 9084 Crestline, CA 92322 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Professional Video Production and Post-Production Services (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” Packet Page 2278 2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $88,960.00. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. 6. Term. This Agreement shall commence on the Effective Date and continue through August 20, 2026, unless the Agreement is previously terminated as provided for herein (“Term”). The City shall have the option to extend the Agreement for one (1) additional year upon written notice to the Consultant prior to the expiration of the Initial Term. 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. Packet Page 2279 3 a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of Packet Page 2280 4 interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies Packet Page 2281 5 acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). Packet Page 2282 6 (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. Packet Page 2283 7 At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. g. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate Aviation/Drone Liability Not Applicable (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. h. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. Packet Page 2284 8 i. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed Packet Page 2285 9 to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. k. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and Packet Page 2286 10 expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to Packet Page 2287 11 time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. Packet Page 2288 12 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 27. Organization. Consultant shall assign Alejandro Villanueva as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Rolland Kornblau, IT Director With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Alejandro Villanueva PO Box 9084 Crestline, CA 92322 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination Packet Page 2289 13 shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. Packet Page 2290 14 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE] Packet Page 2291 15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ALEJANDRO VILLANUEVA IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Eric Levitt City Manager ATTESTED BY: Telicia Lopez Acting City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT Signature Alejandro Villanueva Name Owner Title Packet Page 2292 16 EXHIBIT A Scope of Services / Schedule of Charges SCOPE OF WORK: Consultant shall provide video production and post-production services in support of the City’s High School Sports Video Series. Consultant shall produce approximately thirty- two (32) video vignettes, each approximately 3 to 4 minutes in length, highlighting high school sports programs and student-athlete stories, as directed by the City. SCHEDULE OF CHARGES: The City shall compensate Consultant at a rate of $1,390 per completed video, for a total of up to thirty-two (32) videos during the Term of this Agreement. No additional compensation shall be paid unless approved in writing by the City. Deliverable Quantity (per year) Unit Rate Base Term FY25-26 Option Year FY26-27 Total Contract NTE Completed Video Vignettes 32 videos $1,390 $44,480 $44,480 $88,960 WORK FOR HIRE: All content, footage, recordings, and media created, captured, or developed in connection with the services provided under this Agreement shall be deemed “work for hire” as defined under U.S. copyright law and shall be the sole and exclusive property of the City of San Bernardino. Consultant shall have no ownership or license rights in such materials. If any such content is in the possession of the Consultant upon expiration or earlier termination of this Agreement, Consultant shall deliver all media—whether completed, partially completed, or raw footage—to the City within thirty (30) days of the termination date. This obligation shall survive the termination of the Agreement. Packet Page 2293 2 8 5 3 CONSENT CALENDAR City of San Bernardino Request for Council Action August 20, 2025 Honorable Mayor and City Council Members C. Jeannie Fortune, Interim Director of Finance and Management Services; Eric Levitt, City Manager; Finance & Management Services Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial, payroll disbursements and purchasing card transactions for June 2025. Executive Summary This action is to approve the commercial and payroll disbursements. This is regular business of the Mayor and City Council ensuring that the City pays vendors, employees, and the retirement system timely, accurately and with full transparency for the community. Background Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers. The detailed warrant registers are available on the City Website and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser: https://www.sanbernardino.gov/DocumentCenter/Index/1081 Packet Page 2294 2 8 5 3 Discussion 2021-2025 Strategic Targets and Goals Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Improved Operational & Financial Capacity by creating a framework for spending decisions. Fiscal Impact Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial, payroll disbursements, and purchasing card transactions for June 2025. Attachments Attachment 1 Payroll Summary Report for June 2025 Attachment 2 Commercial checks & Payroll Register #63 Attachment 3 Commercial checks & Payroll Register #64 Attachment 4 Commercial checks & Payroll Register #65 Gross Payroll Bi-Weekly for June 8, 2025 $3,586,537.63 Bi-Weekly for June 22, 2025 $3,707,688.55 Monthly for June, 2025 $28,147.21 Total Payroll Demands: $7,322,373.39 The following check registers are being presented for approval: June 2, 2025 2024/25 (Regi ster #63)$35,547.00 June 5, 2025 2024/25 (Regi ster #64)$1,978,053.01 June 12, 2025 2024/25 (Regi ster #65)$4,177,202.50 June 18, 2025 2024/25 (Regi ster #66)$966,335.17 June 25, 2025 2024/25 (Regi ster #67)$1,115,561.81 Total commercial check demands:$8,272,699.49 The following Electroni c Funds Transfer (EFT) regi sters presented for approval: April 28, 2025-May 29, 2025 2024/25 (Regi ster #1807-1816)$2,434,482.08 April 28, 2025-June 30, 2025 2024/25 (Regi ster #1817-1835)$6,849,755.00 Total commercial EFT demands:$9,284,237.08 Purchasing Card C harges: June 2025 $71,504.00 Total Purchasing Card Charges:$71,504.00 Packet Page 2295 2 8 5 3 Attachment 5 Commercial checks & Payroll Register #66 Attachment 6 Commercial checks & Payroll Register #67 Attachment 7 Commercial EFT Registers #1807-1816 Attachment 8 Commercial EFT Registers #1817-1835 Attachment 9 Card Charges for June 2025 Ward: All Wards Synopsis of Previous Council Actions: N/A Packet Page 2296 Packet Page 2297 Packet Page 2298 Packet Page 2299 Packet Page 2300 Packet Page 2301 Packet Page 2302 Packet Page 2303 Packet Page 2304 Packet Page 2305 Packet Page 2306 Packet Page 2307 Packet Page 2308 Packet Page 2309 Packet Page 2310 Packet Page 2311 Packet Page 2312 Packet Page 2313 Packet Page 2314 Packet Page 2315 Packet Page 2316 Packet Page 2317 Packet Page 2318 Packet Page 2319 Packet Page 2320 Packet Page 2321 Packet Page 2322 Packet Page 2323 Packet Page 2324 Packet Page 2325 Packet Page 2326 Packet Page 2327 Packet Page 2328 Packet Page 2329 Packet Page 2330 Packet Page 2331 Packet Page 2332 Packet Page 2333 Packet Page 2334 Packet Page 2335 Packet Page 2336 Packet Page 2337 Packet Page 2338 Packet Page 2339 Packet Page 2340 Packet Page 2341 Packet Page 2342 Packet Page 2343 Packet Page 2344 Packet Page 2345 Packet Page 2346 Packet Page 2347 Packet Page 2348 Packet Page 2349 Packet Page 2350 Packet Page 2351 Packet Page 2352 Packet Page 2353 Packet Page 2354 Packet Page 2355 Packet Page 2356 Packet Page 2357 Packet Page 2358 Packet Page 2359 Packet Page 2360 Packet Page 2361 Packet Page 2362 Packet Page 2363 Packet Page 2364 Packet Page 2365 Packet Page 2366 Packet Page 2367 Packet Page 2368 Packet Page 2369 Packet Page 2370 Packet Page 2371 Packet Page 2372 Packet Page 2373 Packet Page 2374 Packet Page 2375 Packet Page 2376 Packet Page 2377 Packet Page 2378 Packet Page 2379 Packet Page 2380 Packet Page 2381 Packet Page 2382 Packet Page 2383 Packet Page 2384 Fund Amount 001 - General $58,681 119 - Community Development Block Grant $978 123 - Federal Grant Programs $76 124 - Animal Control $5,384 126 - Gas Tax Fund $220 130 - State And Other Grant Programs $4,471 635 - Fleet Services Fund $577 679 - Information Technology $1,115 Grand Total $71,504 City of San Bernardino Purchasing Card Charges by Department June-2025 Expenditures Summary by Fund Packet Page 2385 City of San Bernardino Purchasing Card Charges by Department June-2025 Expenditures Fund/Department/Accounts/Description P-Card Charges 001 - General Mayor 5132 - Meetings And Conferences 6/05/25 - League of Cal Cities Registration for Exec Asst to Mayor $750 6/05/25 - League of Cal Cities Registration for Mayor $675 6/3/25 - Flowers for Dias at MCC Meetings $23 6/3/25 - Flowers for Dias at the 6/18/25 MCC Meeting $21 6/3/25 - Vases for Dias at MCC Meetings $20 5132 - Meetings And Conferences Total $1,488 5186 - Civic And Promotional 6/23/25 - Flowers for Mayor's Commissioner Appreciation Luncheon $18 6/23/25 - Gift Bags for Mayor's Commissioner Appreciation Lunche $11 6/23/25 - Water and snacks for Mayor's Commissioner Appreciation $24 6/25/25 - Mayor's Commission Luncheon on 6/24/25 $166 6/27/25 - Mayor's Commission Luncheon on 6/26/25 $166 6/28/25 - Mayor's Commissioner Luncheon $86 5186 - Civic And Promotional Total $470 Mayor Total $1,958 City Clerk 5122 - Dues And Subscriptions Arma member ship for Records Specialist.$525 CMCA Member - Membership Renewal to CA Municipal Clerk Associati $250 Monthly Subscription License Fee for program used for Newsletter $15 5122 - Dues And Subscriptions Total $790 5132 - Meetings And Conferences City Clerks Association Conference in San Marcos, CA $1,054 5132 - Meetings And Conferences Total $1,054 City Clerk Total $1,844 Packet Page 2386 City of San Bernardino Purchasing Card Charges by Department June-2025 Expenditures Fund/Department/Accounts/Description P-Card Charges City Council 5132 - Meetings And Conferences 05-27-2025 - $130.50 - El Pollo Loco - MCC Meeting Meal J06/04/2 $131 06-17-2025 - $258.13 - Yoshinoya - MCC Meeting Meal June 18 $258 5132 - Meetings And Conferences Total $389 5142 - Meetings And Conferences - Ward 1 06-10-2025 - $675.00 - Conf. Registration - Cal Cities Annual Co $675 06-11-2025 - $50.00 - IE DMD RIV Joint - Cal Cities Annual Joint $50 5142 - Meetings And Conferences - Ward 1 Total $725 5143 - Meetings And Conferences - Ward 2 05-30-2025 - $760.00 - NLC CITY SUMMIT SALT LAKE REGISTRATION WA $760 5143 - Meetings And Conferences - Ward 2 Total $760 5144 - Meetings And Conferences - Ward 3 6/26/25 - Sun Newspaper Subscription for the Mayor's Office $14 5144 - Meetings And Conferences - Ward 3 Total $14 5145 - Meetings And Conferences - Ward 4 06-10-2025 - $50.00 - IE DMD RIV Joint - Cal Cities Annual Joint $50 06-10-2025 - $675.00 - Conf. Registration - Cal Cities Annual Co $675 5145 - Meetings And Conferences - Ward 4 Total $725 City Council Total $2,613 City Manager 5111 - Material And Supplies Amazon - 06.05.25 CM Office Supplies $33 Amazon - 06.09.25 CM Office Supplies $33 Amazon - 06.09.25 CM Office Supplies (2)$24 Amazon - 06.09.25 CM Office Supplies REFUND -$33 Coffee for meetings and supplies for city manager's office farew $88 Sam's Club - 06.24.2025 CM Office Supplies $17 5111 - Material And Supplies Total $162 5122 - Dues And Subscriptions City Manager's Office Sun Newspaper Subscription.$26 5122 - Dues And Subscriptions Total $26 5132 - Meetings And Conferences Breakfast for the Department Director's weekly meeting.$184 Delta Airlines - Nov 19-23, 2025, for GOVT Affairs Manager to attend the $309 NLC Conference Registration - Nov 19-22, 2025 - GOVT Affairs Manager $760 NLC Conference Registration for GOVT Affairs Manager - Nov 19-22, 2025 $675 Refreshments for Department Director's Weekly Meeting on June 12 $10 5132 - Meetings And Conferences Total $1,938 City Manager Total $2,125 Packet Page 2387 City of San Bernardino Purchasing Card Charges by Department June-2025 Expenditures Fund/Department/Accounts/Description P-Card Charges Community Development & Housing 5111 - Material And Supplies Ballpoint Pens $19 Fans used in offices not receiving A/C $103 5111 - Material And Supplies Total $122 5112 - Small Tools And Equipment Flashlight to be used by the Building Inspectors $30 5112 - Small Tools And Equipment Total $30 5122 - Dues And Subscriptions Annual ChatGPT subscription to enhance efficiency, research, and $300 5122 - Dues And Subscriptions Total $300 5132 - Meetings And Conferences Southern California Association of Nonprofit Housing Annual Conf $550 5132 - Meetings And Conferences Total $550 5133 - Education And Training Code Enforcement Office Training Class $83 Code Enforcement Officer Training class $83 Code Enforcement webinar training $60 Online Training Webinar for Building Inspectors $315 5133 - Education And Training Total $541 Community Development & Housing Total $1,544 Economic Development 5111 - Material And Supplies Amazon charge for incorrect item. Item is being returned and ref $43 Amazon refund for incorrect item returned.-$43 5111 - Material And Supplies Total $0 5122 - Dues And Subscriptions Wall Street Journal monthly department subscription $8 5122 - Dues And Subscriptions Total $8 5132 - Meetings And Conferences Economic Development Department City Logo clothing for business $972 Event Table Registration for Economic Development to have collat $500 Lunch meeting for Deputy Director.$77 5132 - Meetings And Conferences Total $1,550 Economic Development Total $1,558 Packet Page 2388 City of San Bernardino Purchasing Card Charges by Department June-2025 Expenditures Fund/Department/Accounts/Description P-Card Charges Finance & Management Services 5111 - Material And Supplies FY 26 PAYMENT FOR FLOW WATER REPLACEMENT FILTER $653 5111 - Material And Supplies Total $653 5122 - Dues And Subscriptions Barrons subscription $33 The Sun subscription $18 The Wall Street subscription $60 5122 - Dues And Subscriptions Total $110 5132 - Meetings And Conferences 2 Finance Staff attending City Council Meeting $24 Chart of accts lunch meeting $90 Dept meeting $48 Finance Council meeting review lunch $79 Hotel Invoice for GFOA's 119th Annual Conference Accounting Manager $2,524 Hotel Invoice for GFOA's 119th Annual Conference Director of Finance $2,524 Hotel Invoice for?GFOA's 119th Annual Conference. Budget Division Manager $2,164 Hotel Invoice for?GFOA's 119th Annual Conference. Budget Division Manager advance $264 League of Cal Cities. 10.8.25-10.10.25 - Registration. Budget Division Manager $750 League of Cal Cities. 10.8.25-10.10.25 - Registration. Director of Finance $675 League of Cal Cities. 10.8.25-10.10.25 - Registration. Grants Division Manager $750 Legal Services Budget Meeting lunch $145 5132 - Meetings And Conferences Total $10,037 5133 - Education And Training 2025 Women's Leadership Summit Budget $750 5133 - Education And Training Total $750 Finance & Management Services Total $11,550 General Government 5132 - Meetings And Conferences Sam's Club - 06.24.2025 V.I.P. Hospital-Based Intervention Train $118 5132 - Meetings And Conferences Total $118 General Government Total $118 Packet Page 2389 City of San Bernardino Purchasing Card Charges by Department June-2025 Expenditures Fund/Department/Accounts/Description P-Card Charges Human Resources & Risk Management 5105 - Employee Recognition Ribbon for employee recognition gifts $29 5105 - Employee Recognition Total $29 5111 - Material And Supplies Book for MAI finance training material $199 Printer Ink for Benefits Printer $163 5111 - Material And Supplies Total $362 5122 - Dues And Subscriptions Membership renewal for Recruitment Division HR Analyst I $50 Membership Renewal HR Analyst II $50 Membership Renewal Recruitment Division Interim HR Manager $50 Membership Renewal Recruitment Division Sr HR Tech $50 5122 - Dues And Subscriptions Total $200 5132 - Meetings And Conferences Dynamic Assistant Conference Hotel Stay for Executive Assistant $1,842 NeoGov Conference for Sr HR Tech $1,200 5132 - Meetings And Conferences Total $3,042 5133 - Education And Training AALRR course for Risk division HR Analyst II $229 General Liability Claims Training refreshments $64 HR Manager Ergonomics certification training $599 IMSA Traffic Signal Tech certification for Johnny Liendo PW empl $550 Risk Division HR Training for HR Analyst I - overview of public $597 Team Building for HR $577 Team Building Poster $31 Training for HR Analyst II for Ergonomics Certification $599 5133 - Education And Training Total $3,247 Human Resources & Risk Management Total $6,880 Library 5111 - Material And Supplies Emergency bookshelf cover $38 Library Board Member New Photo Print Out $8 5111 - Material And Supplies Total $46 Library Total $46 Packet Page 2390 City of San Bernardino Purchasing Card Charges by Department June-2025 Expenditures Fund/Department/Accounts/Description P-Card Charges Parks & Recreation 5111 - Material And Supplies Conversion fee for QR Code annual subscription via PayPal $1 Fraudulent charges made in June, will reverse in July $999 Microwaves for pool facilities, toaster for Main PRCS staff kitc $313 Paint and Sip Supplies Sizzlin Summer Nights -SB PRIDE Concert $118 PayPal Conversion fee for Shark costume $8 PDFs for Water Safety Day Lifejackets education booth $140 Purchase of food for the CID Annual Prom held at the CA Theater $979 refund from restaurant. the order was not accurate to the origin -$70 Shark Costume for Water Safety Education $763 Swim diapers for resale at pools $80 Water for volunteers at Water Safety Day $28 5111 - Material And Supplies Total $3,358 5122 - Dues And Subscriptions Annual subscription for photo booth software $200 QR Code Generator Annual Subscription $120 5122 - Dues And Subscriptions Total $320 Parks & Recreation Total $3,678 Police 5102 - Computer Equip-Non Capital Parts for drone operation $58 5102 - Computer Equip-Non Capital Total $58 5111 - Material And Supplies FLASH DRIVES TO BE USED DEPARTMENT WIDE BY ALL PERSONNEL.$857 FOOD FOR MANDATORY SERGEANTS TRAINING ON 6/03/25 $322 FOR FY25-26. ICE MAT NEEDED TO PREVENT PEOPLE FROM SLIPPING WHEN $36 FOR FY25-26. SHOWER CURTAINS NEEDED FOR THE WOMEN'S SHOWERS IN T $46 Saliva stopper hood covers for officer protection $718 5111 - Material And Supplies Total $1,977 5113 - Motor Fuel And Lubricants Fuel for Chief's city issued vehicle.$310 5113 - Motor Fuel And Lubricants Total $310 5122 - Dues And Subscriptions Buzzsprout Podcast Subscription for PD $12 5122 - Dues And Subscriptions Total $12 5133 - Education And Training 2025 C.I.T. INTERNATIONAL CONFERENCE REGISTRATION $550 ADV CRIME SCENE INVESTIGATIONS REGISTRATION $629 BASIC MOTORCYCLE TRAINING HOTEL $1,567 BASIC MOTORCYCLE TRAINING HOTEL - WEEK 1 $1,567 LEADERSHIP, MENTORING & COACHING HOTEL PARKING $45 MEDAL OF VALOR CEREMONY HOTEL $169 Packet Page 2391 City of San Bernardino Purchasing Card Charges by Department June-2025 Expenditures Fund/Department/Accounts/Description P-Card Charges MEDAL OF VALOR PRESENTATION IN SACRAMENTO - FLIGHT $552 NARCOTIC INVESTIGATION HOTEL $2,662 NARCOTIC INVESTIGATION HOTEL - WEEK 2 $2,712 NENA CONFERENCE HOTEL $2,909 SUPERVISORY LEADERSHIP INSTITUE HOTEL PARKING $30 SUPERVISORY LEADERSHIP INSTITUTE HOTEL $521 UAS MANAGERS COURSE REGISTRATION $381 5133 - Education And Training Total $14,294 5134 - Training Post Reimburseable 6/24/25 - Tissue for Mayor's Commission Luncheon Gift Bags $1 BASIC ACADEMY REGISTRATION $3,528 LEADERSHIP MENTORING & COACHING HOTEL $686 SCHOOL RESOURCE OFFICER REGISTRATION $378 5134 - Training Post Reimburseable Total $4,594 Police Total $21,245 Public Works 5111 - Material And Supplies 2 sound machines $47 VALVES AND COUPLERS FOR WEED SPRAY RIG $828 5111 - Material And Supplies Total $876 5112 - Small Tools And Equipment batteries & charger for custodial blower & weedeater $220 biohazard absorbent- 2 shipments see invoice $483 ice machine bldg maintenance $1,522 leaf blower for custodial $251 pooper scoopers for custodial $103 tv mount & sound bar for custodial training tv $90 5112 - Small Tools And Equipment Total $2,670 5122 - Dues And Subscriptions credit from previous month fraud charge -$19 credit from previous month wrong charge -$2 5122 - Dues And Subscriptions Total -$21 Public Works Total $3,525 001 - General Total $58,681 119 - Community Development Block Grant Police 5122 - Dues And Subscriptions Drone Subscription for the PEACE Team $99 5122 - Dues And Subscriptions Total $99 5132 - Meetings And Conferences NCDA Conference Hotel $879 5132 - Meetings And Conferences Total $879 Police Total $978 Packet Page 2392 City of San Bernardino Purchasing Card Charges by Department June-2025 Expenditures Fund/Department/Accounts/Description P-Card Charges 123 - Federal Grant Programs Police 5111 - Material And Supplies PD Office Supplies $76 5111 - Material And Supplies Total $76 Police Total $76 123 - Federal Grant Programs Total $76 124 - Animal Control Animal Services 5111 - Material And Supplies Baggies for food for foster caretakers $65 Cat Repellent devices for Community Cat Programming $341 Cold packs for PCR tests $28 Employee Only signs for shelter $132 Headsets for Dispatch $94 Heating pads and Karo Syrup for underage puppies and kittens $95 Insulated shipping containers for PCR tests $283 Lights and magnifying glass for surgery prep $216 Locking Cabinet for Field Services $124 Metal Zip ties and fastener for shade cloth $71 More ribbon and ID cards for staff $269 Nutritional Gel for underage puppies and kittens $177 Pig food for pigs at the shelter $54 Refund on metal zip ties and fastener tool for shade cloth -$13 Safety whistles for kennel staff and volunteers $182 Signs for Office Doors $141 Special Diet Labels for Animals at Shelter $35 Stickers for volunteer badges $16 Thermometer gun for ACO's - measure temp for animals left in car $190 Ties to keep trachea tube in place during surgical procedures $29 Veterinary Labels $28 Water Fountain for shelter cats $26 5111 - Material And Supplies Total $2,584 5133 - Education And Training Animal Behavior Modification training in shelter for staff $100 Euthanasia Training for Staff $2,700 5133 - Education And Training Total $2,800 Animal Services Total $5,384 124 - Animal Control Total $5,384 Packet Page 2393 City of San Bernardino Purchasing Card Charges by Department June-2025 Expenditures Fund/Department/Accounts/Description P-Card Charges 126 - Gas Tax Fund Public Works 5133 - Education And Training ISA CERTIFIED MUNICIPAL SPECIALIST EXAM FOR FORESTRY SUP $220 5133 - Education And Training Total $220 Public Works Total $220 126 - Gas Tax Fund Total $220 130 - State And Other Grant Programs Library 5111 - Material And Supplies Materials for ESL learners $3,074 5111 - Material And Supplies Total $3,074 Library Total $3,074 Parks & Recreation 5111 - Material And Supplies Back to Nature Camping Program $521 Back to Nature Nature Hike Trip $400 5111 - Material And Supplies Total $920 Parks & Recreation Total $920 Police 5111 - Material And Supplies Grant-related office supplies $84 5111 - Material And Supplies Total $84 5502 - Professional Contractual Services Event Supply Purchase for Grant-Related Activi $268 Expenses for grant-related event $125 5502 - Professional Contractual Services Total $393 Police Total $477 130 - State And Other Grant Programs Total $4,471 635 - Fleet Services Fund Public Works 5111 - Material And Supplies charger replacement- missing $10 5111 - Material And Supplies Total $10 5113 - Motor Fuel And Lubricants cng for vactor truck- paper receipt not working $117 cng fuel for cng truck $144 cng fuel for truck- receipt paper out so picture of dispensed fu $91 cng fuel for vactor truck- no paper receipt given $81 cng fuel unit # 423 $135 5113 - Motor Fuel And Lubricants Total $567 Public Works Total $577 Packet Page 2394 City of San Bernardino Purchasing Card Charges by Department June-2025 Expenditures Fund/Department/Accounts/Description P-Card Charges 679 - Information Technology Information Technology 5111 - Material And Supplies Camera Lens to use at council meetings.$46 Mac Book Pro Case and Extender Splitter Cables For Senior Center $257 Protective phone cases.$227 Silicone cover for Speaker for IT use.$23 USB cables for Senior center $43 5111 - Material And Supplies Total $595 5122 - Dues And Subscriptions VIMEO Membership Subscription.$300 5122 - Dues And Subscriptions Total $300 5133 - Education And Training Deposit for hotel accommodation paid on 4/18/2025 refunded.-$179 Deposit for hotel accommodation paid on 5/6/2025 refunded.-$190 HPE Discover conference For Senior Tech $227 5133 - Education And Training Total -$143 5167 - Software Maintenance Enterprise Add-On for Keeper Password Manager $285 Monthly fee for creator for the digital PAL System $12 5167 - Software Maintenance Total $297 5183 - Management Allowance Month End Entire Team Meeting to Discuss Projects and Monthly Go $66 5183 - Management Allowance Total $66 Information Technology Total $1,115 679 - Information Technology Total $1,115 Grand Total $71,504 Packet Page 2395 CONSENT CALENDAR City of San Bernardino Request for Council Action August 20, 2025 To: Honorable Mayor and City Council Members From: Vanessa Carder, Acting Director of Parks, Recreation, and Department: Subject: Acceptance and Approval of a Contract Amendment for FY2025/2026 for the Older Californians Nutrition Program Grant and Approval of the Sysco, Hollandia and Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-358: 1. Authorizing the City Manager to approve an amendment to extend the Contract 22-666 for FY2025/2026 of the Older Californians Nutrition Program grant through the Department of Aging and Adult Services – Public Guardian (DAAS- PG); and 2. Authorizing the City Manager to accept the 2025/2026 Congregate Meal Program Grant Budget in the amount of $342,000; and 3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant budget awards; and 4. Authorize the Director of Finance and Management Service to approve the Purchase Order of Sysco Foods ($214,500) and Hollandia Dairy ($25,600) and Consulting Health and Nutrition Services ($18,700); and 5. Authorizing the Director of Finance and Management Services to amend the grant funds for the period of July 1, 2025 through June 30, 2026 in revenue and expenditures. Packet Page 2396 Executive Summary Grant funds for the Older Californians Nutrition Program for FY2025/2026 have been awarded in the amount of $342,000. Funds are administered by the County of San Bernardino Department of Aging and Adult Services – Public Guardian and will enable the city to meet the nutritional, wellness, and social needs of older adults. Background The City of San Bernardino provides a senior nutrition program for seniors in the City, 60 years of age and older, providing lunch and dinner meals, Monday-Friday, year- round. During FY 2024/25, the Older Californian Nutrition Program served 61,177 meals for a daily average of 257 individual clients, at six (6) nutrition sites: 5th Street Senior Center, Perris Hill Senior Center, Hernandez Community Center, Lytle Creek Community Center, New Hope Family Life Center, and Highland Senior Center. These meals were served both in in-person dine-in (congregate meal Title III C-1) and grab-n-go style (Title III C-2). The food is prepared in the main kitchen at the 5th Street Senior Center and delivered to the five other sites in hot and cold containers. Discussion The Older Californian Nutrition Program (formerly the Senior Nutrition Program) is supported by funding received from the County of San Bernardino Department of Aging and Adult Services – Public Guardian (DAAS-PG, formerly DAAS) through County Contract No. 22-666. After the State Augmentation funding timeline was extended through June 2026, the State Augmentation Funds and NSIP (Nutrition Services Incentive Program) were reduced and the ARP (American Rescue Plan) funds were increased. On June 16, 2025, the County of San Bernardino DAAS-PG issued an e- mail of Budget Approval (County of San Bernardino Nutrition Services Congregate/Home Delivered Meal Program Budget, City of San Bernardino IIIC 2025- 26) to the City of San Bernardino, approving $342,000 for FY2025/2026 to provide Elderly (Older Californians) Nutrition Program Services. The County DAAS-PG is amending the County Contract #22-666 to include an additional year (FY 2025/2026) funding, beginning July 1, 2025, through June 30, 2026. The Program is expected to serve at least 56,474 total annual meals at the six nutrition sites. On March 25, 2025, the Purchasing Division of the Finance Department issued RFQ No: F-25-4035 for Food Supplies and Consumable Products for the Older Californians Nutrition Program and advertised through the online bid management provider Planetbids.com. Proposals were due on April 1, 2025 at 3:00 PM, PDT. Of the bidders that responded, it was determined that Sysco Foods and Hollandia Dairy, Inc. were the best bidders. Staff recommends approval for the issuance of purchase orders as follows: • Sysco Foods: $214,500 • Hollandia Diary: $25,600 Packet Page 2397 • Consulting Health Nutrition Services: $18,700 It is recommended in the FY2025/2026 budget to issue annual purchase orders for the food vendors with an option additional one (1) year renewals and issue the annual purchase order for nutrition consulting services, with a similar multi-year renewal option, as these proposed actions will allow the Older Californians Nutrition Program to continue to deliver without delay nutritional services to the City’s senior population. Department staff conducted an analysis of the services provided by both Sysco Food and Hollandia Dairy. Based on their submitted bids, both vendors demonstrated the ability to meet the program’s service requirements effectively. In addition to fulfilling the program needs, their years of experience and history of providing services to the City were important factors in the evaluation process. Both vendors also submitted the lowest quotes among the bids received. Furthermore, staff took inflationary costs into consideration and recommended locking the vendors into a pricing index to ensure cost stability over the contract term. 2021-2025 Strategic Targets and Goals This proposal aligns with Goal No. 1: Improved Operational & Financial Capacity by securing a long-term revenue source and creating a framework for spending decisions, Goal No. 2: Focused, Aligned Leadership and Unified Community by developing and implementing a community engagement plan, and Goal No. 3: Improved Quality of Life by providing low-cost nutritious meals for the senior aged population. Fiscal Impact The amount of grant funding currently available to the City from the County for FY 2025/26 is $ 342,000. Acceptance of the grant funds in revenue and expenditures would entail an amendment to the FY 2025/26 adopted budget consistent with the attached City of San Bernardino Parks and Recreation Department FY 2025/26 Program Budget Detail Sheet (Project #: 0513 Sr. Nutrition Grant 2025-26), which includes a City cash ($1,645 to cover education/training from Nutritionist) and County in-kind/City cash match ($212,141 to cover food and consumables and other non- inventoried costs) contribution. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-358: 1. Authorizing the City Manager to approve an amendment to extend the Contract 22-666 for FY2025/2026 of the Older Californians Nutrition Program grant through the Department of Aging and Adult Services – Public Guardian (DAAS- PG); and Packet Page 2398 2. Authorizing the City Manager to accept the 2025/2026 Congregate Meal Program Grant Budget in the amount of $342,000; and 3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant budget awards; and 4. Authorize the Director of Finance and Management Service to approve the Purchase Order of Sysco Foods ($214,500) and Hollandia Dairy ($25,600) and Consulting Health and Nutrition Services ($18,700); and 5. Authorizing the Director of Finance and Management Services to amend the grant funds for the period of July 1, 2025 through June 30, 2026 in revenue and expenditures. Attachments Attachment 1 Resolution 2025-358 - 2025-26 OCNP Grant Attachment 2 2022-25 OCNP Grant, Exhibit A – County Contract No. 22- 666 Attachment 3 2025-26 OCNP Grant Budget Approved 6-16-25 Attachment 4 2025-26 OCNP Grant Program Budget Detail Sheet Attachment 5 2025-26 OCNP Food & Consumables Bid Responses – RFQ 25-4035 Attachment 6 Goods Purchase Agreement Sysco 2025-2030 Attachment 7 Goods Purchase Agreement Hollandia Dairy_2025-2030 Attachment 8 PSA Consulting Health & Nutrition Services, Inc._2025- 2030 Ward: All Wards Synopsis of Previous Council Actions: September 4, 2024 the Mayor and City Council adopted Resolution No. 2024-195, authorizing the City Manager to approve a 2024/2025 Budget for year three of a three-year Older Californians Nutrition Program grant through the Department of Aging and Adult Services – Public Guardian (DAAS-PG); authorizing the City Manager to accept the 2024/2025 Congregate Meal Program Grant Budget in the amount of $392,541; authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant budget awards; approving certain related purchase orders to Sysco Foods ($215,600) and Hollandia Dairy ($24,530) and Consulting Health and Nutrition Services for continued operation of the Older Californians Nutrition Program; and authorizing the Director of Finance and Management Services to amend the grant funds for the period of Packet Page 2399 July 1, 2024 through June 30, 2025. October 4, 2023, the Mayor and City Council adopted Resolution No. 2023-150, accepted the Department of Aging and Adult Services – Public Guardian (DAAS-PG) grant award in the amount of $376,667, appropriated the grant funds, and approved certain related purchase orders for continued operation of the Older Californians Nutrition Program for the period of July 1, 2023 through June 30, 2024. June 15, 2022, the Mayor and City Council adopted Resolution No. 2022-126, approving San Bernardino County Department of Aging and Adult Services (DAAS) Contract No. 22-666 for Elderly Nutrition Program Services in the amount of $1,220,000 for the contract period of July 1, 2022 through June 30, 2025; ratifying the Grant Budget submittal and accepting the Grant Award of $348,749; authorizing the Director of Finance or designee to amend the FY 2022/23 and FY2023/24 adopted budgets to reflect grant revenue and expenditures accordingly; and approved certain related purchase orders for continued operation of the Senior Nutrition Program for the period of July 1, 2022 through June 30, 2023. Packet Page 2400 Resolution No. 2025-358 Resolution 2025-358 August 20, 2025 Page 1 of 4 7 4 7 5 RESOLUTION NO. 2025-358 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR THEIR DESIGNEE TO APPROVE AN AMENDMENT TO EXTEND THE CONTRACT 22-666 FOR FY2025/2026 OF THE CALIFORNIANS NUTRITION PROGRAM GRANT THROUGH THE DEPARTMENT OF AGING AND ADULT SERVICES – PUBLIC GUARDIAN (DAAS-PG); ACCEPT THE 2025/2026 CONGREGATE MEAL PROGRAM GRANT BUDGET IN THE AMOUNT OF $342,000; CONDUCT ALL NEGOTIATIONS, SIGNING AND SUBMITTALS OF NECESSARY DOCUMENTS TO RECEIVE GRANT BUDGET AWARDS; AND AUTHORIZE THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICE TO APPROVE PURCHASE ORDERS TO SYSCO FOODS ($214,500) AND HOLLANDIA DAIRY ($25,600), AND CONSULTING HEALTH AND NUTRITION SERVICES ($18,500); AND AUTHORIZING THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO AMEND THE GRANT FUNDS FOR THE PERIOD OF JULY 1, 2025 THROUGH JUNE 30, 2026. WHEREAS, on May 23, 2022, the County of San Bernardino Department of Aging and Adult Services (DAAS) issued a contract to the City of San Bernardino to provide Elderly (Older Californians) Nutrition Program Services for the three (3) year grant cycle in the amount of $1,220,000 for the contract term of July 1, 2022 through June 30, 2025; and, WHEREAS, on January 6, 2025, the County of San Bernardino Department of Aging and Adult Services – Public Guardian (DAAS-PG) notified the city of a one-year extension to County Contract #22-666 for FY 2025/2026 of the Older Californians Nutrition Meal Program; and WHEREAS, on June 16, 2024, the County of San Bernardino Department of Aging and Adult Services – Public Guardian (DAAS-PG) approved a Budget (County of San Bernardino Nutrition Services Congregate/Home Delivered Meal Program Budget for FY2025-26 to provide Elderly (Older Californians) Nutrition Program Services; and, WHEREAS, on April 1, 2025, the Purchasing Division of the Finance Department issued RFQ No. F-25-4035 for Food Supplies and Consumable Products for the Older Californians Nutrition Program, and it was determined that Sysco Foods and Hollandia Dairy, Inc. were the best bidders, with a multi-year purchase authorization, and extension of the Consulting Health and Nutrition Services, Inc. for dietician services, with similar multi-year service authorization, will ensure timely continuation of the meal program. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Packet Page 2401 Resolution No. 2025-358 Resolution 2025-358 August 20, 2025 Page 2 of 4 7 4 7 5 SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council of the City of San Bernardino hereby authorize the City Manager or his Designee to accept the Department of Aging and Adult Services – Public Guardian (DAAS-PG) one-year extension to County Contract No. 22-666 and FY 2025-26 Grant Award Budget in the amount of $342,000; and SECTION 3. The Mayor and City Council of the City of San Bernardino hereby authorize the Director of Finance & Management Services, or designee, to amend the existing budget appropriations amongst the Parks, Recreation and Community Services accounts to accurately reflect the grant budget and grant match budget consistent with the adopted staff report; and SECTION 4. The Mayor and City Council hereby authorize the Director of Finance and Management Services, or designee, to approve certain related purchase orders for continued operation of the Older Californians Nutrition Program for the Period of July 1, 2025, through June 30, 2026; Sysco Foods ($214,500), Hollandia Dairy ($25,600), and Consulting Health Nutrition Services, Inc. ($18,700), for food and consumables and required dietician services to ensure the needs of the program are met for FY 2025/26. SECTION 5.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of August 2025. Helen Tran, Mayor City of San Bernardino Packet Page 2402 Resolution No. 2025-358 Resolution 2025-358 August 20, 2025 Page 3 of 4 7 4 7 5 Attest: Telicia Lopez, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page 2403 Resolution No. 2025-358 Resolution 2025-358 August 20, 2025 Page 4 of 4 7 4 7 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-358, adopted at a regular meeting held on the 20th day of August 2025 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this __ day of August 2025. Telicia Lopez, CMC, Acting City Clerk Packet Page 2404 Packet Page 2405 Packet Page 2406 Packet Page 2407 Packet Page 2408 Packet Page 2409 Packet Page 2410 Packet Page 2411 Packet Page 2412 Packet Page 2413 Packet Page 2414 Packet Page 2415 Packet Page 2416 Packet Page 2417 Packet Page 2418 Packet Page 2419 Packet Page 2420 Packet Page 2421 Packet Page 2422 Packet Page 2423 Packet Page 2424 Packet Page 2425 Packet Page 2426 Packet Page 2427 Packet Page 2428 Packet Page 2429 Packet Page 2430 Packet Page 2431 Packet Page 2432 Packet Page 2433 Packet Page 2434 Packet Page 2435 Packet Page 2436 Packet Page 2437 Packet Page 2438 Packet Page 2439 Packet Page 2440 Packet Page 2441 Packet Page 2442 Packet Page 2443 Packet Page 2444 Packet Page 2445 Packet Page 2446 Packet Page 2447 Packet Page 2448 Packet Page 2449 Packet Page 2450 Packet Page 2451 Packet Page 2452 Packet Page 2453 Packet Page 2454 Packet Page 2455 Packet Page 2456 Packet Page 2457 Packet Page 2458 Packet Page 2459 Packet Page 2460 Packet Page 2461 Packet Page 2462 Packet Page 2463 Packet Page 2464 Packet Page 2465 Packet Page 2466 Packet Page 2467 Packet Page 2468 Packet Page 2469 Packet Page 2470 Packet Page 2471 Packet Page 2472 Packet Page 2473 Packet Page 2474 Packet Page 2475 Packet Page 2476 Packet Page 2477 Packet Page 2478 Packet Page 2479 Packet Page 2480 Packet Page 2481 Packet Page 2482 Packet Page 2483 Packet Page 2484 Packet Page 2485 Packet Page 2486 Packet Page 2487 Packet Page 2488 Packet Page 2489 Packet Page 2490 Packet Page 2491 Packet Page 2492 Packet Page 2493 Schedule "H"CITY OF SAN BERNARDINO, CALIFORNIA DEPARTMENT: Parks & Recreation PROJECT #: 0513 Sr. Nutrition Grant 2025-26 Account Number Description FY2023-24 BUDGET ESTIMATES MATCH TOTAL Grant Name:123-380-0513 001-380-0514 Salaries 5011 Salaries perm/fulltime 80,122 80,122 5013 Automobile allowance - 5014 Salaries temp/parttime 187,608 187,608 5015 Overtime - Total: Salaries 267,730 -267,730 Benefits 5026 PERS retirement 8,581 8,581 5027 Health and life insurance 7,390 7,390 5028 Unemployment insurance 803 803 5029 Medicare 3,882 3,882 5034 CalPERS Unfunded Liability - Total: Benefits 20,656 -20,656 Total: Salaries & benefits 288,386 -288,386 Maintenance and Operations 5111 Material and supplies 3,041 3,041 5112 Small tools & equip (consumables)19,000 19,000 5114 Raw foods 12,000 209,100 221,100 5122 Dues and subscriptions - 5131 Mileage - 5132 Meetings and conferences - 5133 Education and training - 5150 Utilities - 5172 Equipment maintenance - 5174 Printing charges - 5175 Postage - 5176 Copy machine charges - 5181 Other operating expense 5,559 5,559 5186 Civic and promotional - 5193 Grant match - Total: Maintenance and Operations 36,559 212,141 248,700 Contract Services 5502 Professional/contractual services - 5505 Other professional services 17,055 1,645 18,700 Total: Contractual Services 17,055 1,645 18,700 Internal Service Charges 5601 Garage charges -- 5602 Workers compensation -- 5603 Liability - 5604 IT charges in-house - 5605 Telephone support - 5606 Electric - 5612 Fleet charges - fuel - Total: Internal Service Charges --- Capital Outlay 5703 Communications equipment - Total: Capital Outlay --- Credit/billables 5910 Credit - federal and state program funding - Total: Credit/billables --- Total: Non-Personnel Expenses 53,614 213,786 267,400 Grant Total 342,000 213,786 555,786 Revised 6-30-25 7/23/2025Packet Page 2494 Packet Page 2495 Packet Page 2496 Packet Page 2497 Packet Page 2498 Packet Page 2499 Packet Page 2500 Packet Page 2501 Packet Page 2502 Packet Page 2503 Packet Page 2504 Packet Page 2505 Packet Page 2506 Packet Page 2507 Packet Page 2508 Packet Page 2509 Packet Page 2510 Packet Page 2511 Packet Page 2512 Packet Page 2513 Packet Page 2514 Packet Page 2515 Packet Page 2516 Packet Page 2517 Packet Page 2518 Packet Page 2519 Packet Page 2520 Packet Page 2521 Packet Page 2522 Packet Page 2523 Packet Page 2524 Packet Page 2525 Packet Page 2526 Packet Page 2527 Packet Page 2528 Packet Page 2529 Packet Page 2530 Packet Page 2531 Packet Page 2532 Packet Page 2533 Packet Page 2534 Packet Page 2535 Packet Page 2536 Packet Page 2537 Packet Page 2538 Packet Page 2539 Packet Page 2540 Packet Page 2541 Packet Page 2542 Packet Page 2543 Packet Page 2544 Packet Page 2545 Packet Page 2546 Packet Page 2547 Packet Page 2548 Packet Page 2549 Packet Page 2550 Packet Page 2551 Packet Page 2552 Packet Page 2553 Packet Page 2554 Packet Page 2555 Packet Page 2556 Packet Page 2557 Packet Page 2558 Packet Page 2559 Packet Page 2560 Packet Page 2561 Packet Page 2562 Packet Page 2563 Packet Page 2564 Packet Page 2565 Packet Page 2566 Packet Page 2567 Packet Page 2568 Packet Page 2569 Packet Page 2570 Packet Page 2571 Packet Page 2572 Packet Page 2573 Packet Page 2574 Packet Page 2575 Packet Page 2576 Packet Page 2577 Packet Page 2578 Packet Page 2579 Packet Page 2580 Page 1 of 17 GOODS PURCHASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SYSCO RIVERSIDE This Goods Purchase Agreement (“Agreement”) is entered into as of August 20, 2025 (“Effective Date”), by and between the City of San Bernardino (a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401) (“City”), and Sysco Riverside (a corporation with its principal place of business at 15750 Meridian Parkway, Riverside, California 92518) (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties”. Section 1. Definitions A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor, or other services (including design, engineering, and installation services) provided by Supplier as specified in Exhibit A (Goods and Specifications) (attached hereto and incorporated herein by reference). B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City ready for approval, testing, and/or use as specified in Exhibit B (Delivery Schedule) (attached hereto and incorporated herein by reference). Section 2. Materials and Workmanship When Exhibit A specifies machinery, equipment, or material by manufacturer (model or trade name), no substitution will be made without City’s written approval. Machinery, equipment, or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment, or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. Supplier will furnish City with the name of the manufacturer, the performance capabilities, and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment, and material to be incorporated in the Goods when requested by City. Material samples will be submitted at City’s request. Section 3. Inspections and Tests City shall have the right to inspect and/or test the Goods prior to acceptance. City may reject the Goods (without prejudice to any other rights or remedies) or exercise any of its rights under Section 4.C if (upon inspection or testing) the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A”. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods; provided however that City shall notify Supplier Packet Page 2581 Page 2 of 17 of a rejection of nonconforming goods or revocation of acceptance thereof, and specify with particularity any defect in nonconforming goods after rejection or acceptance thereof within sixty (60) days of the invoice date. Section 4. Warranty A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years; or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants any services provided in connection with the Goods will be performed in a professional and workmanlike manner, and in accordance with the highest industry standards. B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit A and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B. C. If City selects repair or replacement, any defects will be remedied without cost to City (including but not limited to the costs of removal, repair, replacement of the defective Goods, and reinstallation of new Goods). All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same (all at its own expense and without cost to City). For an y breach of the warranties contained in Section 4.A and Section 4.B, Supplier will (immediately after receiving notice from City at the option of City, and at Supplier’s own expense and without cost to City): 1. Repair the defective Goods; 2. Replace the defective Goods with conforming Goods, free on board plant, office, or other location of City where the Goods was originally performed or delivered; or 3. Repay to City the purchase price of the defective Goods. D. If City selects repair or replacement, any defects will be remedied without cost to City (including but not limited to the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods). All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City. E. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and Packet Page 2582 Page 3 of 17 that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties. F. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4; but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code. Section 5. Prices A. Unless expressly provided otherwise, all prices and fees specified in Exhibit C (attached hereto and incorporated herein by reference) are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (a) all Federal, state, and local sales, use, excise, privilege, payroll, occupational, and other taxes applicable to the Goods furnished to City hereunder; and (b) all charges for packing, freight, and transportation to destination. B. The total compensation under this Agreement shall not exceed Two Hundred Fourteen thousand and Five Hundred dollars ($214,500), unless otherwise authorized by a written amendment executed by both Parties. Unit prices are set forth in Exhibit “C” and shall remain firm for the duration of the Agreement unless adjusted in writing by the City. C. The term of this Agreement shall commence on July 1, 2025, and shall continue through June 30, 2026, unless earlier terminated pursuant to Section 16. The City may, at its sole discretion and upon mutual written agreement of the Parties, extend the term for up to two (2) additional one-year periods. Section 6. Changes City (at any time, by a written order, and without notice to any surety) may make changes in the Goods (including but not limited to City’s requirements and specifications). If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier; and such change will be authorized by a change order document signed by City and accepted by Supplier. Section 7. Payments A. Terms of payment are net thirty (30) days, less any applicable retention after receipt of invoice or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods. Packet Page 2583 Page 4 of 17 B. If Progress Milestones have been specified in Exhibit B, then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of p ayment as specified in Exhibit B. Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit B and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit B or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle. C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed (reasonable evidence indicating probable filing of liens or other claims), failure of Supplier to make payments properly to its subcontractors or for material or labor, failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense. D. Payment of the final Progress Milestone payment or any reten tion will be made by City upon: 1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit B and in the amount associated with the Progress Milestone; 2. Written acceptance of the Goods by City; 3. Delivery of all drawings and specifications, if required by City; 4. Delivery of executed full releases of any and all liens arising out of this Agreement; and 5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character; and containing an averment that all of the said persons have been paid in full. If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City. E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release, and discharge of any and all claims and demands of any kind or character which Supplier then has (or can subsequently acquire) against City (its successors and assigns) for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release, or discharge of any claims or demands which City then Packet Page 2584 Page 5 of 17 has (or can subsequently acquire) against Supplier (its successors and assigns) for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. Section 8. Schedule for Delivery A. Supplier shall use commercially reasonable efforts to perform under this Agreement in a timely manner . The Goods will be delivered in accordance with the schedule set forth in Exhibit “B”. Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate (to the best of its ability) in scheduling the delivery so that City can maximize the efficient completion of such project(s). Section 9. Taxes A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any Federal, state, or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement. B. Supplier will withhold (9and require its subcontractors where applicable to withhold) all required taxes and contributions of any Federal, state, or local taxing authority which is measured by wages, salaries, or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld. C. All other taxes (however denominated or measured) imposed upon the price of the Goods provided hereunder will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods (such as and including ad valorem, use, personal property and inventory taxes) will be the responsibility of Supplier. D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder. Section 10. Independent Contractor Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors, or subcontractors hired or retained by the Supplier are employees, agents, contractors, or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or Packet Page 2585 Page 6 of 17 other claims made against Supplier by any such employees, agents, contractors, or subcontractors or any other person resulting from performance of this Agreement. Section 11. Subcontracts Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City (including but not limited to Supplier’s insurance and indemnification obligations). No subcontract or order will bind City. Section 12. Title and Risk of Loss City will have title to (and risk of loss of) all completed and partially completed portions of the Goods upon delivery unless otherwise agreed, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, consistent with Sections 3 and 4 of this Agreement, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors (their agents or employees), and Supplier will replace or repair said Goods or materials at its own cost to the reasonable satisfaction of City. Notwithstanding the foregoing, City shall have title to (and the right to take possession of) such Goods at any time following payment therefor in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods. Section 13. Indemnification A. Supplier shall defend, indemnify, and hold the City (its officials, officers, employees, volunteers, and agents) free and harmless from any and all claims (demands, causes of action, costs, expenses, liability, loss, damage or injury) in law or equity to property or persons (including wrongful death) in any manner arising out of or incident to any alleged acts (omissions, gross negligence, or willful misconduct) of Supplier (its officials, officers, employees, agents, subcontractors, and subconsultants) arising out of or in connection with the Goods or the performance of this Agreement (including the payment reasonable attorneys’ fees and other related costs and expenses, except such loss or damage which was caused by the sole negligence or willful misconduct of the City). B. Supplier’s defense obligation for any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against the City (its officials, officers, employees, agents, or volunteers) shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree Packet Page 2586 Page 7 of 17 that may be rendered against City (or its officials, officers, employees, agents, or volunteers) in any such suit, action, or other legal proceeding. Supplier shall reimburse City (and its officials, officers, employees, agents, and/or volunteers) for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City (its officials, officers, employees, agents, or volunteers). Section 14. Insurance A. General. Supplier shall take out and maintain: 1. Commercial General Liability Insurance of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury, and property damage at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01. 2. Automobile Liability Insurance for bodily injury and property damage (including coverage for owned, non-owned, and hired vehicles) of at least $1,000,000 per accident for bodily injury and property damage at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto). 3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence. 4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials. N/A 5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000. N/A 6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per occurrence and aggregate for: (a) privacy breaches; (b) system breaches; (c) denial or loss of service; and (d) the introduction, implantation, or spread of malicious software code in a form and with insurance companies acceptable to the City. N/A B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The General and Automobile Liability policies required under this Section shall give City (its officials, officers, employees, agents, or volunteers) additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance, or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss; and Packet Page 2587 Page 8 of 17 shall contain or be endorsed with a waiver of subrogation in favor of the City (its officials, officers, employees, agents, and volunteers). The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brough t, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement; or a waiver of any coverage normally provided by any insura nce. Any available coverage shall be provided to the parties required to be included as additional insured pursuant to this Agreement. C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A -:VII, licensed to do business in California, and satisfactory to the City. D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies upon reasonable request. E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods. Section 15. Liens A. Supplier and subcontractors will not make, file, or maintain a mechanic’s or other lien or claim of any kind or character against the Goods (for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished), or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referre d to as “Claims”); and Supplier and subcontractor expressly waive and relinquish any and all rights which they now have (or may subsequently acquire) to file or maintain any Claim (and Supplier and subcontractor agree that this provision waiving the right of Claims will be an independent covenant). B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor; and Supplier will (at its own expense) defend any and all actions based upon such Claims, and will pay all reasonable charges of attorneys, all related costs, and other expenses arising from such Claims. Packet Page 2588 Page 9 of 17 Section 16. Termination of Agreement by City A. Should Supplier at any time refuse or fail to deliver the Goods within a commercially reasonable time; or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event (if Supplier fails to deliver the Goods or otherwise perform its obligations under this Agreement within thirty (30) days of such notice), City may obtain the Goods by whatever method it may deem expedient (including the hiring of another contractor or other contractors); and for that purpose may take possession of all materials, machinery, equipment, tools, and appliances and exercise all rights, options, and privileges of Supplier. In such case, Supplier will not be entitled to receive any further payments until the Goods is delivered. B. City may (for its own convenience) terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated. C. On receipt of notice under Section 16.B, Supplier will (with respect to the portion of the Goods terminated, unless the notice states otherwise): 1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods; 2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and 3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site. D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered (including material and services for which it has made firm contracts which are not canceled); it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C. Section 17. Force Majeure A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event. Packet Page 2589 Page 10 of 17 B. Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics, or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work (only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers). “Orders of governmental authorities” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement. The Party affected by a Force Majeure Event shall notify the other Party as soon as practicable and take all reasonable steps to mitigate the delay in performance. Section 18. Miscellaneous Provisions A. Delivery of Notices. Notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose: CITY: SUPPLIER: City of San Bernardino Sysco Riverside 710 North D Street 15750 Meridian Parkway San Bernardino, CA 92401 Riverside, CA 92518 Attn: Eric Levitt, City Manager Attn: Anita Swan With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney Packet Page 2590 Page 11 of 17 B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City. C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. F. Governing Law. This Agreement shall be governed by the laws of the State of Tennessee. Venue shall be in Davidson County, Tennessee. G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement (each Party shall pay its own attorneys’ fees). H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply according to its fair meaning and not strictly for or against any Party. I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. J. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods. Packet Page 2591 Page 12 of 17 N. Public Agency Use. The California Public Contract Code allows public agencies to engage in cooperative purchasing for goods or services as a third -party agency “piggybacking” on another public agency’s competitively bid agreement. Any request from another public agency to piggyback off this Agreement must be submitted to the City in writing, and is subject to prior review and written approval from the City. The City shall not be liable or responsible for any obligations and/or liabilities arising from or related to any such separate agreement between Supplier and another public agency. O. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties, or promises with respect to this Agreement, except those contained in or referred to in the writing. P. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes; and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE] Packet Page 2592 Page 13 of 17 SIGNATURE PAGE FOR GOODS PURCHASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SYSCO RIVERSIDE IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date. CITY SAN BERNARDINO Approved By: Eric Levitt City Manager Attested By: Telicia Lopez Acting City Clerk Approved as to Form: City Attorney Best Best & Krieger LLP SYSCO RIVERSIDE Signature Name Title Packet Page 2593 Page 14 of 17 Exhibit A Packet Page 2594 Page 15 of 17 Packet Page 2595 Page 16 of 17 Exhibit B Packet Page 2596 Page 17 of 17 Packet Page 2597 1 CITY OF SAN BERNARDINO GOODS PURCHASE AGREEMENT This Goods Purchase Agreement (“Agreement”) is entered into this 20th day of August, 2025, by and between the City of San Bernardino, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”), and HOLLANDIA DAIRY, INC., a CORPORATION with its principal place of business at 622 E MISSION RD, SAN MARCOS, CA 92069 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. Section 1. DEFINITIONS. A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor or other services, including design, engineering and installation services, provided by Supplier as specified in Exhibit “A,” attached hereto and incorporated herein by reference. B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City, ready for approval, testing and/or use as specified in Exhibit “B.” Section 2. MATERIALS AND WORKMANSHIP. When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or trade name, no substitution will be made without City’s written approval. Machinery, equipment or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. When requested by City, Supplier will furnish City with the name of the manufacturer, the performance capabilities and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment and material to be incorporated in the Goods. Material samples will be submitted at City’s request. Section 3. INSPECTIONS AND TESTS. City shall have the right to inspect and/or test the Goods prior to acceptance. If upon inspection or testing the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies, City may reject the Goods or exercise any of its rights under Section 4.C. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof or to specify with particularity any defect in nonconforming goods after Packet Page 2598 2 rejection or acceptance thereof. Section 4. WARRANTY. A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years, or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants that any services provided in connection with the Goods will be performed in a professional and workmanlike manner and in accordance with the highest industry standards. B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit “A” and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B. C. For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will, immediately after receiving notice from City, at the option of City, and at Supplier’s own expense and without cost to City: 1. Repair the defective Goods; 2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant, office or other location of City where the Goods was originally performed or delivered; or 3. Repay to City the purchase price of the defective Goods. If City selects repair or replacement, any defects will be remedied without cost to City, including but not limited to, the costs of removal, repair, and replacement of the defective Goods, and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same, all at its own expense and without cost to City. D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third-party claims resulting from the breach or inaccuracy of any of the foregoing warranties. E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4, but will have all the rights Packet Page 2599 3 and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code. Section 5. PRICES. Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by City’s authorized representative. The total price shall include (i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to C ity hereunder; and (ii) all charges for packing, freight and transportation to destination. The total compensation under this Agreement shall not exceed $25,600.00 unless otherwise authorized by a written amendment executed by both Parties. Unit prices are set forth in Exhibit “C” and shall remain firm for the duration of the Agreement unless adjusted in writing by the City. The term of this Agreement shall commence on July 1, 2025, and shall continue through June 30, 2026, unless earlier terminated pursuant to Section 16 . The City may, at its sole discretion and upon mutual written agreement of the Parties, extend the term for up to four (4) additional one-year periods, through June 30, 2030. Section 6. CHANGES. City, at any time, by a written order, and without notice to any surety, may make changes in the Goods, including but not limited to, City’s requirements and specifications. If such changes affect the cost of the Goods or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and Supplier and such change will be authorized by a change order document signed by City and accepted by Supplier. Section 7. PAYMENTS. A. Terms of payment, are net thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of Goods. B. If Progress Milestones have been specified in Exhibit “B,” then payments for the Goods will be made as the requirements of such Progress Milestones are met. Progress payments for the Goods will be made by City upon proper application by Supplier during the progress of the Goods and according to the terms of payment as specified in Exhibit “B.” Supplier’s progress billing invoice will include progress payments due for the original scope of work and changes. Each “Item for Payment” shown in Exhibit “B” and each change order will be itemized on the invoice. Invoices for cost plus work, Packet Page 2600 4 whether part of Exhibit “B” or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice. Other format and support documents for invoices will be determined by City in advance of the first invoice cycle. C. Payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes fo r which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, City may remove them at Supplier’s expense. D. Payment of the final Progress Milestone payment or any retention will be made by City upon: 1. Submission of an invoice for satisfactory completion of the requirements of a Progress Milestone as defined in Exhibit “B” and in the amount associated with the Progress Milestone; 2. Written acceptance of the Goods by City; 3. Delivery of all drawings and specifications, if required by City; 4. Delivery of executed full releases of any and all liens arising out of this Agreement; and 5. Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full. If any person refuses to furnish an actual release or receipt in full, Supplier may furnish a bond satisfactory to City to indemnify City against any claim or lien at no cost to City. E. Acceptance by Supplier of payment of the final Progress Milestone payment pursuant to Section 7.D will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which Supplier then has, or can subsequently acquire against City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for the final Progress Milestone by City will not constitute a waiver, release or discharge of any claims or demands which City then has, or can subsequently acquire, against Supplier, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. Packet Page 2601 5 Section 8. SCHEDULE FOR DELIVERY. A. The time of Supplier’s performance is of the essence for this Agreement. The Goods will be delivered in accordance with the schedule set forth in Exhibit “B.” Supplier must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $0.00 per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Exhibit “B.” B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will fully cooperate in scheduling the delivery so that City can maximize the efficient completion of such project(s). Section 9. TAXES. A. Supplier agrees to timely pay all sales and use tax (including any value added or gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local taxing authority on the ultimate purchase price of the Goods provided under this Agreement. B. Supplier will withhold, and require its subcontractors, where applicable, to withhold all required taxes and contributions of any federal, state or local taxing authority which is measured by wages, salaries or other remuneration of its employees or the employees of its subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the appropriate taxing authorities all amounts required to be withheld. C. All other taxes, however denominated or measured, imposed upon the price of the Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods such as and including ad valorem, use, personal property and inventory taxes will be the responsibility of Supplier. D. Supplier will, upon written request, submit to City written evidence of any filings or payments of all taxes required to be paid by Supplier hereunder. Section 10. INDEPENDENT CONTRACTOR. Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Supplier are employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement. Packet Page 2602 6 Section 11. SUBCONTRACTS. Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City, including, but not limited to Supplier’s insurance and indemnification obligations. No subcontract or order will bind City. Section 12. TITLE AND RISK OF LOSS. Unless otherwise agreed, City will have title to, and risk of loss of, all completed and partially completed portions of the Goods upon delivery, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, their agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier, then City shall have title to, and the right to take possession of, such Goods at any time following payment therefor. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods. Section 13. INDEMNIFICATION. A. Supplier shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the Goods or the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the sole negligence or willful misconduct of the City. B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal proceeding. Supplier shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal Packet Page 2603 7 expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers. Section 14. INSURANCE. A. General. Supplier shall take out and maintain: 1. Commercial General Liability Insurance, of at least $1,000,000 per occurrence/ $3,000,000 aggregate for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01; 2. Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per accident for bodily injury and property damage, at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto); 3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and 4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials. N/A. 5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000 . N/A 6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per occurrence and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. N/A B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The policies required under this Section shall give the City, its officials, officers, employees, agents or volunteers additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers. The limits set forth herein shall apply separately to each insured Packet Page 2604 8 against whom claims are made or suits are brought, except with respect to the limits of liability. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waive r of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as additional insured pursuant to this Agreement. C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City. D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies , at any time. E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods. Section 15. LIENS. A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s or other lien or claim of any kind or character against the Goods, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant. B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims. Packet Page 2605 9 Section 16. TERMINATION OF AGREEMENT BY CITY. A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and diligence, or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event City may obtain the Goods by whatever method it may deem expedient, including the hiring of another contractor or other contractors and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of Supplier. In such case Supplier will not be entitled to receive any further payments until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, Supplier will be liable for and will pay the difference to City. B. City may, for its own convenience, terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated. C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion of the Goods terminated, unless the notice states otherwise, 1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods, 2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and 3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site. D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered, including material and services for which it has made firm contracts which are not canceled, it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C. Packet Page 2606 10 Section 17. FORCE MAJEURE A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event. B. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreason able and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement. Section 18. MISCELLANEOUS PROVISIONS. A. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Eric Levitt, City Manager With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney SUPPLIER: HOLLANDIA DAIRY, INC. 622 E. Mission Rd San Marco, CA 92069 Attn: Lucas DeBoer Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate Packet Page 2607 11 notice on the date actual notice occurred, regardless of the method of service. B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City. C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. D. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. E. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. F. Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party shall pay its own attorneys’ fees. H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. J. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party. K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. Packet Page 2608 12 M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods. N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing. O. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE] Packet Page 2609 13 SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HOLLANDIA DAIRY, INC. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written. CITY OF SAN BERNARDINO APPROVED BY: __________________ Eric Levitt City Manager ATTESTED BY: Telicia Lopez Acting City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney HOLLANDIA DAIRY, INC. Signature Name Title Packet Page 2610 14 Exhibit A Goods Specifications The Supplier shall furnish and deliver the following dairy products as awarded by the City of San Bernardino. All products shall meet applicable USDA and California Department of Food and Agriculture standards for quality, freshness, labeling, and safe handling. The following items represent the goods to be delivered under this Agreement: ITEM DESCRIPTION UNIT OF MEASURE Milk, 1% Low Fat – 70/8 oz case Case Eggs, White AA USDA Extra Large Dozen Shredded Cheddar/Jack Cheese – 4/5 lb case Case Margarine, Solid ZTF – 30/1 lb case Case Margarine, Single-Serving Packets – 600/5g case Case Packet Page 2611 15 Exhibit B Delivery Schedule Orders shall be placed by authorized City departments on Tuesdays. Deliveries shall be made by the Supplier on Thursdays to the following location, unless otherwise directed in writing by the City: City of San Bernardino – Fifth Street Senior Center 600 W 5th Street San Bernardino, CA 92401 And City of San Bernardino – Perris Hill Senior Center Deliveries must occur during regular business hours, unless otherwise approved in writing. The Supplier shall ensure all goods are delivered in appropriate condition, temperature-controlled where applicable, and accompanied by a delivery slip identifying product type and quantity. Packet Page 2612 16 Exhibit C Fee Schedule The following unit prices shall apply for the duration of the Agreement: ITEM DESCRIPTION UNIT PRICE QUANTITY (for Evaluation Only) Milk, 1% Low Fat – 70/8 oz case $24.8899 70 Eggs, White AA USDA Extra Large $10.795 10 Shredded Cheddar/Jack Cheese – 4/5 lb case $55.965 5 Margarine, Solid ZTF – 30/1 lb case $42.55 10 Margarine, Single-Serving Packets – 600/5g case $36.50 10 These unit prices are firm and shall not be subject to increase during the term of the Agreement unless otherwise authorized in writing by the City. The above unit prices shall apply for the duration of the Agreement and are not subject to increase unless otherwise authorized in writing by the City. The total compensation under this Agreement shall not exceed $ 25,600.00 Packet Page 2613 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CONSULTING HEALTH AND NUTRITION SERVIVCES, INC. This Agreement is made and entered into as of August 20, 2025 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Consulting Health & Nutrition Services, Inc., a sole proprietorship with its principal place of business at 28551 Oak Ridge Rd., Highland CA 92346 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Elderly Nutrition Services Program (Older Americans Act – Title IIIC Funds), City of San Bernardino Older Californians Nutrition Program Years, 2025-2028 dietician services (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” (H. Packet Page 2614 2 COMPENSATION) b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $18,700, according to the TERM set forth herein in the Agreement. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval in accordance with Exhibit “A” (H. COMPENSATION). Upon the City’s sole satisfaction of the completion of services, City shall pay Consultant’s invoice within forty- five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be requ ired to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. 6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibit “A” (“TERMS/TERMINATION”), unless the Agreement is previously terminated as provided for herein (“Term”). 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. Packet Page 2615 3 a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, gi ve written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. Packet Page 2616 4 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained h erein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be Packet Page 2617 5 at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City if an additional insured, but not a self-insured retention. Packet Page 2618 6 d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Packet Page 2619 7 (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. i. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualifie d representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives Packet Page 2620 8 its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. l Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial gene ral liability insurance provided Packet Page 2621 9 by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement . b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), Packet Page 2622 10 employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed a nd/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, bas ed on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consulta nt shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in Packet Page 2623 11 connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 27. Organization. Consultant shall assign Maria Sauerwein as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino CONSULTANT: Maria Sauerwein, DrPH., MS., MPH., RDN Packet Page 2624 12 Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Eric Levitt, City Manager With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney President Consulting Health and Nutrition Services, Inc. 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereu nder. Each Party acknowledges that no representations, inducements, promises , or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent sh all be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or Packet Page 2625 13 event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or m aking of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE] Packet Page 2626 14 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CONSULTING HEALTH & NUTRITION SERVICES, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Eric Levitt City Manager ATTESTED BY: Acting City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT Signature Name Title Telicia Lopez, CMC Packet Page 2627 15 EXHIBIT A This agreement is made between the following parties: Contractor: Sub-Contractor: City of San Bernardino Consulting Health & Nutrition Services Vanir Tower 28551 Oak Ridge Rd 290 North “D” Street Highland, CA 92346 Phone: (909) 384-5434 Phone: (909) 215-7777 Federal ID or SSN: 266-82-3602 A. TERMS/TERMINATION The term of this Agreement shall be one (1) year, beginning on July 1, 20 25 and expiring on June 30, 2026, with four (4) optional renewals for the 2026-2027, 2027- 2028, 2028-2029, and 2029-2030 fiscal years, unless earlier terminated in accordance with other provisions of this Agreement, with renewal at the end of the stated term hereof by written agreement of the parties. Either party hereto may at any time during the term hereof terminate this agreement upon thirty (30) day notice period, this agreement shall be forthwith terminated for all purposes as if said date were the date set forth herein as the termination date of this agreement, provided that any obligations arising prior to the termination of this agreement shall be governed by the terms hereinafter set forth until satisfied. B. SUB-CONTRACTOR’S SERVICES During the time of performance, the Sub-contractor shall comply with the requirements as outlined in Title 22, Division 1.8 of the California Code Regulations, the California Retail Food Code, and the County of San Bernardino, Department of Aging and Adult Services (DAAS). The Sub-contractor shall provide the following services to the Contractor. 1. Nutrition Education – CI Sub-contractor shall develop nutrition education materials, pertinent to the senior nutritional needs, and will make them available to the nutrition site participants on a quarterly basis. An annual written plan for Nutrition Education shall be developed pertinent to senior nutritional needs which will be determined by an annual nutritional needs survey. The contractor will conduct survey and present results to project dietitian 6 weeks prior to July 1, 2026 and each yearly anniversary date thereafter as included in the TERMS/TERMINATION section of this Agreement. The annual nutrition education written plan shall be submitted to Contractor and DAAS by July 31, 2025 and each year’s anniversary thereafter. Nutrition Education classes shall be provided quarterly at each congregate nutrition site. The format used for the presentation (visual or lecture) and the topic will be included on a report sent to the contractor at the end of the month. Packet Page 2628 16 The Sub-contractor will provide materials and equipment needed to do nutrition presentations. 2. Nutrition Education – CII (if appropriate) Nutrition Education materials shall be provided to home delivered meal program on a quarterly basis. Nutrition Education materials shall include current and pertinent nutrition information, appropriate to the needs of the homebound seniors. The annual assessment shall be provided to the Sub-Contractor upon completion for the development of nutrition education materials. 3. Nutrition Consultation to CII participants (if appropriate) Nutrition Counseling for the homebound seniors shall be provided only upon request from Nutrition Service Provider and doctor’s order (prescribed diet order). 4. Monitoring of Nutrition Sites Monitoring of Congregate Nutrition Sites shall be done quarterly to assure compliance with Title 22, Division 1.8 of the California Code of regulations, including but not limited to checking food safety, sanitation, quality of food, portion control, participant satisfaction, and menu compliance. The Sub - contractor will evaluate monthly monitoring reports and make appropriate comments and recommendations before submitting them to the Contractor. 5. Food Production Facility Monitoring Central Kitchen: Monitoring of the central kitchens shall be done quarterly. If home delivered meals are being produced at the central kitchens, then they will also be monitored during the visit. Monitoring reports will be forwarded to the Contractor with a plan of action for compliance. The completed monitoring report shall be reviewed with the Central Kitchen Manager prior to submitting it to the Project Director to ensure complete understanding of the findings and the recommendations. 6. Project Menu Menus shall be checked to ensure compliance with Title 22, Division 1.8 of the California Code of Regulations, the California Retail Food Code and the County of San Bernardino Department of Aging and Adult Services regulations for Meal Planning Requirements including but not limited to: working with project director, foodservice managers, project council, and participants for evaluation and review of menus. The approved menus shall be returned to project director within ten working days. Menus for catered meals must have caterer’s Registered Dietitian’s approval. The provider’s Registered Dietitian will provide assistance and recommendations as needed. Packet Page 2629 17 7. In-Service Training Staff Training shall be provided quarterly for all paid and volunteer food service personnel, and for all meal delivery drivers. The registered dietitian shall review and approve the content of all staff training prior to implementation. A minimum of two sessions shall cover the prevention of Foodborne illness and food safety. Other topics shall include portion control, meal requirements standards, menu planning, equipment, and food/supplies purchasing. The Sub-contractor is qualified to do Food Handler’s training and Food Service Managers Certification courses. A written plan for In-Service Training shall be developed, implemented, and maintained on file. A copy of the In-Service Training plan shall be submitted to Contractor and DAAS by July 31, 2025 and each year’s anniversary thereafter. 8. Technical Assistance Technical Assistance on an on-going basis will be provided to Project Director and Food Service Personnel. Technical Assistance will include but not limited to: menu evaluations by participants, adjustments of menus resulting form evaluations, adjustments that reflect changes of food preferences of the participants and menu changes due to cultural preferences of the participants. Assistance will also be provided to central kitchens (5th Street Senior Center) in the areas of menu production (recipes, production sheets, cleaning schedule, reduction of leftovers, etc.)., and food purchasing (correct items, value of good quality, reduction of overage, etc.). In addition, assistance with the development of a manual inventory, costing of menu procedures, and determining work and distribution kitchen will also be available to Contractor. 9. Communication with the Contractor Sub-Contractor will maintain an effective communication (written, oral, telephone, e-mail, and meetings) with Contractor. C. SUB-CONTRACTOR’S RESPONSIBILITIES 1. Reports The Sub-contractor shall complete, at the end of the month, all program and expenditure reports. Reports shall be submitted to the Contractor in a timely manner and at intervals as determined by Contractor. 2. Equipment The Sub-contractor shall provide any specialized equipment (slide projector, VCR, film projector, food thermometers, etc.) necessary for accomplishment of the services contemplated under the terms and conditions of this agreement. Packet Page 2630 18 Such equipment shall be the responsibility of the Sub-contractor and shall remain the sole property of the Sub-contractor. D. SUB-CONTRACTOR’S QUALIFICATIONS 1. Professional Registration (Registered Dietitian) The Sub-contractor is a Registered Dietitian. Proof of Registration with the American Dietetic Association Credentialing Agency is attached. 2. Experience The Sub-contractor has over 43 years of experience with the County of San Bernardino Senior Nutrition Programs in nutrition education, nutrition counseling, in-service training, monitoring food production and food service facilities’ annual assessments, menus, and providing technical a ssistance to projects and food service personnel. Sub-contractor is knowledgeable with Federal, State, and Local requirements for Title III Nutrition Programs. 3. Certified Instructor Sub-contractor is a certified instructor for Food Handlers and Food Managers’ Certification courses from PROMETRIC and ServSafe Education Foundation. 4. Staff and Staff Qualifications The Sub-contractor may employ other qualified personnel to assist in delivering services as he/she deems necessary. At such times when Provider is not available to perform said services himself/herself, he/she will ensure that a qualified person is available as a substitute. The Sub-contractor shall submit a resume of the qualifications and experience of all individuals who will provide services to the Contractor on behalf of Sub - contractor. The resume will include as applicable, professional memberships and formal training certificates and/or diplomas in Sub-contractor’s specialty. Contractor shall have the right to approve anyone rendering services to the project on behalf of Sub-contractor pursuant of this agreement. 5. Permits and Licenses The Sub-contractor, and all staff, shall hold valid permits, licenses, certificates, and other documents as are required by the State, County, City, or other governmental or regulatory bodies to legally engage in and perform the services to be provided under this Agreement. The Sub-contractor shall notify the Contractor immediately of any suspension, termination, lapses, or restrictions of required licenses, or other documents which may be cause for termination of this Agreement. Packet Page 2631 19 The Sub-contractor shall immediately furnish to the Contractor proof of Registration with the American Dietetic Association Credentialing Agency (Registered Dietician). E. CONFIDENTIALITY Sub-contractor agrees to comply and require its officers, agents, employees/consultants, and volunteers to comply with the provisions of Sections 15633.5 and 10850 of the Welfare and Institutions Code. Sub-contractor agrees that at no time, either during or subsequent to the term of this agreement, will disclose to others, use, copy, or permit to be copied, any information regarding the Contractor and its clients. Respect for a client’s right to privacy is of the utmost importance. Written consent from the client is desirable before releasing any information about the client to other agencies. Sub-contractor will take steps to ensure that no information about an individual is obtained without the individual’s informed consent. F. ELDERLY ABUSE Sub-contractor shall insure all its officers, agents, employees, consultants, and volunteers comply with the Adult Abuse Reporting Act. Sub -contractor will require its personnel to be mandated reporters of elder and dependent adult abuse. Mandated reporters will be required to report all instances of physical abuse of elderly and dependent adults. G. CONTRACTOR’S RESPONSIBILITY 1. The Contractor shall assume professional and administrative responsibility for the services rendered only to the extent that the Contractor is responsible for assuring that the Sub-contractor is qualified by education and experience to render the services contracted for. 2. Contractor shall make every reasonable effort to have its site managers, food production, and food delivery personnel, and other food service workers who have been scheduled for work to comply with the Sub-contractor while delivering nutritional services. 3. Contractor shall submit menus to the Sub-contractor eight weeks prior to the start of the menu cycle for review and approval. 4. Contractor shall submit results of nutrition education survey to Sub-contractor eight weeks prior to July 31, 2026, and upon each year’s anniversary thereafter for the development of the nutrition education plan. Packet Page 2632 20 5. Any modification of this agreement will be effective only if it is in writing and signed by all parties involved in this agreement. H. COMPENSATION The rate of compensation shall be $51.09 per hour (travel included). See attached breakdown for services and costs. Total contracted amount for the fiscal year of 2025-2026 will be $18,700. Sub-contractor will submit invoices indicating tasks completed, and hours worked. Invoices will be submitted quarterly for work done during the quarter. FOR THE CONTRACTOR FOR THE SUBCONTRACTOR ________________________________ __________________________ Eric Levitt, City Manager Maria Sauerwein, DrPH, MS, MPH,RDN City of San Bernardino Consulting Health and Nutrition Services ________________________________ ____________________________ Date Date Packet Page 2633 21 Breakdown of Services and Costs City of San Bernardino Senior Nutrition Program FY 2025-2026 Scope of Services: 1. Nutrition Education C-I 6 classes x 4 hours each = 24hours x 4 classes/year = 96 hours/year 2. Site Monitoring 5 sites x 3 hours each x 4 visits/year = 60 hours/year 1 kitchen x 5.5 hours each x 4 visits /year = 22 hours/year 3. In-Service Training 4 classes for 2 groups (5th Street and Highland = 52 hours/year 4. Cycle menus for lunch & dinner = 22 hours/year 5. Cost of materials and handouts for above activities, copying, completing reports monthly and quarterly, telephone fax, and e-mail, menu changes technical assistance to staff and volunteers, communication via phone and e-mail with DAAS nutritionist, and travel = 9.50 hours/month x 12 months/year = 114 hours/year. 6. Total 366 hours/year x $51.09/hour = $18,698.94/year Packet Page 2634 CONSENT CALENDAR City of San Bernardino Request for Council Action August 20, 2025 Honorable Mayor and City Council Members Eric Levitt, City Manager; Vanessa Carder, Acting Director of Parks, Recreation, and Community Services Parks, Recreation, and Community Services Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-359: 1. Ratifying the submission of the application for year two of a three-year grant through the Corporation for National and Community Service’s Senior Companion Program; and 2. Authorizing the City Manager to accept the grant award in the amount of $332,662; and 3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant awards; and 4. Authorizing the Director of Finance and Management Services to appropriate the grant funds in the amount of $332,662 for the period of July 1, 2025, through June 30, 2026 in revenue and expenses. Executive Summary The Senior Services Division received notification of the second year of a three-year (2024-2027) continuation grant award for the Senior Companion Program (SCP) in the amount of $332,662. This grant will enable the City to carry out a national service program by the Domestic and Volunteer Service Act of 1973 by continuing to provide Packet Page 2635 essential services that enable Volunteer Companions ages 55 years and older to provide senior-age residents (clients) with independent living assistance. Background The City has participated in the federally funded Senior Companion Program (SCP) since 1975. The Mayor and City Council most recently ratified and approved on August 7, 2024, the first year of a three-year (FY2024-2027) budget for the Senior Companion Program. Senior Companion Volunteers have assisted the City’s senior-age adult residents with physical, emotional, and/or mental health limitations or needs. They are provided a small stipend for mileage and meals for their services. Most of the residents are elderly and without family. Discussion On June 10, 2025, staff received the Notice of Grant Award e-mail from the Corporation for National and Community Service (CNCS) for an amount of $332,662. This will be the second year of a 3-Year grant cycle (07/01/2024 – 06/30/2027) administered by the Corporation for National and Community Service (AmeriCorps Seniors). Throughout 2024–2025, an average of 28 Senior Companion Volunteers provided 48 clients with 28,856 hours of service at a value of $708,707. Volunteer Companions assist clients with chronic care disabilities, emotional impairment and visual impairment, and they provide respite care for their families. They perform valuable tasks such as grocery shopping, transportation to doctor’s appointments, assistance with mail correspondence, socialization, and other life skills that allow senior-age and disabled clients to remain in an independent living status. This funding would work to continue the administration and operation of the Senior Companion Program. The City of San Bernardino’s grant match, as the grantee, in the amount of $120,102 is from the General Fund; there are no other funding sources for the match portion. The City’s match shares the costs of local travel by staff and volunteers; training conference attendance; program supplies; volunteer mileage, recognition, and food stipends; and staff salaries/benefits and bears the full cost of internal service charges (IT, office space, printing, postage, and phone), criminal background checks, and the coordinators’ time and effort to renew the grant (noted as Excess Amount in the grant budget). 2021-2025 Strategic Targets and Goals This request aligns with Key Target 3c. Improved Quality of Life - Constantly Evaluate Public Safety Service Delivery Models to Enhance the Quality of Service by aiding seniors in the community. Fiscal Impact The FY2025-2026 budget includes the City’s grant match obligation in the amount of $120,102 to fulfill City-funded program costs, for a total of $452,764. Appropriated Packet Page 2636 grant funds and the City’s match share most costs of staff and volunteers in varying proportions beneficial to the SCP. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-359: 1. Ratifying the submission of the application for year two of a three-year grant through the Corporation for National and Community Service’s Senior Companion Program; and 2. Authorizing the City Manager to accept the grant award in the amount of $332,662; and 3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant awards; and 4. Authorizing the Director of Finance and Management Services to appropriate the grant funds in the amount of $332,662 for the period of July 1, 2025, through June 30, 2026 in revenue and expenses. Attachments Attachment 1 Resolution No. 2025-359 SCP Grant 2nd Year Attachment 2 2025-2026 SCP Grant Application Attachment 3 2025-2026 SCP Notice of Grant Award Year 2 of 3 Attachment 4 2025-2026 SCP Grant Budget & Budget Narrative, Year 2 of 3 Attachment 5 2025-2026 SCP Budget Details Ward: All Wards Synopsis of Previous Council Actions: August 7, 2024 – The Mayor and City Council adopted Resolution No. 2024-173 accepting the Senior Companion Program grant award in the amount of $332,662 and appropriating the grant funds for the period of July 1, 2024, through June 30, 2025. October 18, 2023 – The Mayor and City Council adopted Resolution No. 2023-151 accepting the Senior Companion Program grant award in the amount of $332,662 and appropriating the grant funds for the period of July 1, 2023, through June 30, 2024. August 17, 2022 – The Mayor and City Council approved Resolution No. 2022-180 ratifying the grant application submittal, accepting the grant award of $332,662 and related match requirements, appropriate grant revenue expenditures and grant match expenditures for the Senior Companion Program for the period of July 1, 2022 through June 30, 2023. Packet Page 2637 Resolution No. 2025- 359 Resolution No. 2025-359 August 20, 2025 Page 1 of 3 7 4 8 3 RESOLUTION NO. 2025-359 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA APPROVING THE RATIFICATION OF THE SUBMISSION OF A NEW GRANT BUDGET APPLICATION FOR YEAR ONE OF A THREE-YEAR GRANT THROUGH THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE’S AMERICORPS SENIORS RETIRED AND SENIOR VOLUNTEER PROGRAM, ACCEPTING THE GRANT AWARD IN THE AMOUNT OF $70,477, AND APPROPRIATING THE GRANT FUNDS FOR THE PERIOD OF APRIL 1, 2025, THROUGH MARCH 31, 2026. WHEREAS, the City submitted a Grant application for federal assistance requesting funding for Year One of a Three (3) Year Grant Allocation for the Retired and Senior Volunteer Program; and WHEREAS, the Notice of Grant Award was received by the City for the Retired and Senior Volunteer Program on April 7, 2025; and WHEREAS, the City has participated in the federally funded Retired and Senior Volunteer Program for 51 years; and WHEREAS, individuals ages 55 years and older provide volunteer services at various locations and organizations; and WHEREAS, 141 individual RSVP volunteers contributed 28,649 hours of time at various locations and organizations in FY 2024-25. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Authorize the Mayor and City Council of the City of San Bernardino hereby ratifies the submission of a Three-Year grant application for year one of the Corporation of National and Community Service AmeriCorps Seniors’ Retired and Senior Volunteer Program (RSVP) in the total amount of $146,831; and, SECTION 3. Authorize the Director of Finance and Management Services to accept the grant award in the amount of $70,477 and authorize the Director of Finance or his/her designee to appropriate that amount for the continued operation of the RSVP; and, Packet Page 2638 Resolution No. 2025- 359 Resolution No. 2025-359 August 20, 2025 Page 2 of 3 7 4 8 3 SECTION 4.CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of August 2025. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page 2639 Resolution No. 2025- 359 Resolution No. 2025-359 August 20, 2025 Page 3 of 3 7 4 8 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-39, adopted at a regular meeting held on the 20th day of August 2025 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this __ day of August 2025. Telicia Lopez, CMC, Acting City Clerk Packet Page 2640 Page 1 STATE APPLICATION IDENTIFIER: 24SCICA002 FEDERAL IDENTIFIER: 24SC264587 2b. APPLICATION ID: 3. DATE RECEIVED BY STATE: 03/06/24 4. DATE RECEIVED BY FEDERAL AGENCY: San Bernardino, California, City ofLEGAL NAME: 290 N D ST Oscar RivasNAME: TELEPHONE NUMBER: FAX NUMBER: Rivas_os@SBCity.orgINTERNET E-MAIL ADDRESS: 956000772 6. EMPLOYER IDENTIFICATION NUMBER (EIN): 94.01610a. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: Senior Companion Program10b. TITLE:SCP of San Bernardino 11.a. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: San Bernardino County (Colton, Fontana, Grand Terrace, Highland, Loma Linda, Redlands, Rialto, San Bernardino, and Yucaipa) 07/01/24START DATE:06/30/27 $ 335,162.00a. FEDERAL $ 120,633.00 $ 0.00c. STATE $ 120,633.00 $ 0.00 $ 455,795.00g. TOTAL a. TYPED NAME OF AUTHORIZED REPRESENTATIVE:b. TITLE: (909) 384-5413 04/29/24 e. DATE SIGNED: Local Government, Municipal 2a. DATE SUBMITTED TO CORPORATION FOR NATIONAL AND COMMUNITY SERVICE (CNCS): 1. TYPE OF SUBMISSION: Non-Construction 5. APPLICATION INFORMATION NAME AND CONTACT INFORMATION FOR PROJECT DIRECTOR OR OTHER PERSON TO BE CONTACTED ON MATTERS INVOLVING THIS APPLICATION (give area codes): ADDRESS (give street address, city, state, zip code and county): A. AUGMENTATION B. BUDGET REVISION C. NO COST EXTENSION D. OTHER (specify below): 9. NAME OF FEDERAL AGENCY: Corporation for National and Community Service 13. PROPOSED PROJECT:14. CONGRESSIONAL DISTRICT OF: 15. ESTIMATED FUNDING:16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? YES. THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: DATE: 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? YES if "Yes," attach an explanation.NOX 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. APPLICATION FOR FEDERAL ASSISTANCE San Bernardino CA 92401 - 1734 NEW CONTINUATION AMENDMENT 03/06/24 Local Government - Municipal $ 0.00 PART I - FACE SHEET Modified Standard Form 424 (Rev.02/07 to confirm to the Corporation's eGrants System)Application X NEW/PREVIOUS GRANTEE 11.b. CNCS PROGRAM INITIATIVE (IF ANY): X NO. PROGRAM IS NOT COVERED BY E.O. 12372 d. SIGNATURE OF AUTHORIZED REPRESENTATIVE: Year #: X 1 a.Applicant b.Program UEI NUMBER:EJLMHR1CMKM7 Packet Page 2641 Page 2 For Official Use Only Narratives Executive Summary Strengthening Communities The City of San Bernardino proposes to have 50 AmeriCorps Seniors volunteers who will provide companionship, light housekeeping, assistance with meal prep/nutrition, transportation, family caregiver respite care and social activities in San Bernardino County (Colton, Fontana, Grand Terrace, Highland, Loma Linda, Redlands, Rialto, San Bernardino, and Yucaipa). AmeriCorps Seniors Volunteers will serve 37 Volunteer Service Years (VSYs) each year. The primary focus area of this project is Healthy Futures. AmeriCorps Seniors Volunteers will be responsible for increasing the number of seniors receiving essential services and companionship, leading to improved quality of life such as enhanced social connectedness, emotional well-being, and overall satisfaction among both volunteers and their client companions. The AmeriCorps investment of $332,662 will be supplemented by $113,907 in City of San Bernardino general funds. INCORPORATION DIVERSITY, EQUITY, INCLUSION, AND ACCESSIBILITY Incorporating Diversity, Equity, Inclusion, and Accessibility (DEIA) into the City of San Bernardino Senior Companion Program (SCP) entails a multifaceted approach aimed at ensuring representation, fairness, belonging, and accessibility for all volunteers and clients. Diversity refers to the range of backgrounds, perspectives, and identities within our program, including factors such as race, ethnicity, gender, language, income, and ability. Equity involves recognizing and addressing systemic disparities to ensure fair opportunities and outcomes for all individuals, particularly those from historically marginalized groups. Inclusion focuses on fostering a sense of belonging and respect for diverse experiences, perspectives, and identities, creating an environment where everyone feels valued and empowered to contribute. Accessibility emphasizes removing barriers and providing accommodations to ensure that individuals of all abilities can fully participate in our program. To operationalize these principles, the SCP has implemented various strategies. We prioritize recruitment efforts that reflect the diverse demographics of our community, including outreach to underrepresented groups such as Hispanic and low-income individuals. Efforts include promoting volunteer opportunities through culturally relevant channels, providing materials in multiple languages, and engaging with diverse community organizations and chambers of commerce. Training sessions incorporate DEIA topics to increase awareness and promote dialogue among volunteers, emphasizing the importance of cultural competency and inclusivity in service delivery. Packet Page 2642 Page 3 For Official Use Only Narratives Furthermore, we are actively seeking partnerships with organizations representing diverse backgrounds, such as women's clubs and churches, to expand our volunteer base and promote inclusive service opportunities. The SCP Project Director is encouraged to pursue DEIA training opportunities and resources, including those offered by the California Parks and Recreation Society, to enhance our capacity in this area. Despite challenges posed by factors such as COVID-19, transportation disparities, and caregiver demands, we remain committed to addressing these issues and finding solutions to better support and retain senior-age volunteers in our program. This includes initiatives such as providing free bus passes, distributing personal protective equipment (PPE), and referring volunteers to no-cost family resource services. Overall, the City of San Bernardino SCP is dedicated to fostering a diverse, equitable, inclusive, and accessible environment where all volunteers and clients feel valued, respected, and empowered to participate fully in our program. DESCRIBE AND DEMONSTRATE THE COMMUNITY NEED. The 2020 U.S. Census Bureau estimates state that there are 261,799 (12.5%) people who are 65 years and older in San Bernardino County with 36,652 (14%) of them living alone. The City of San Bernardino Senior Companion Program area of service is the Inland Empire region of the County. The Inland Empire is located in the inland valley area of the county. In San Bernardino County there are 13.4% of individuals and families living below the poverty level, which is 1.2% higher than the entire State of California. Our SCP is currently serving 11 communities within San Bernardino County: The San Bernardino Valley cities of Colton, Fontana, Grand Terrace, Highland, Loma Linda, Redlands, Rialto, San Bernardino, Bloomington, Mentone, and Yucaipa. Information obtained from the 2020 Census of the U.S. Census Bureau estimates indicate the population of the communities served is 809,480 and encompasses a 248.4 square mile area. The estimated number of residents over the age of 65 is 88,029 (10.9%). The estimates indicate that 32,380 (4%) of the population are Veterans. The population by ethnicity is 53.6% Hispanic or Latino, and 46.3% Non-Hispanic or Latino. Packet Page 2643 Page 4 For Official Use Only Narratives The population by race is 25.9% White, 7.9% African American, 8% Asian, 0.4% American Indian and Alaskan Native, 0.3% Native Hawaiian and Pacific Islander, 0.5% some other race alone, and 3.1% identified by two or more races. According to the 2020 U.S. Census Bureau, estimates indicate 108,470 (13.4%) of the population in the communities served are below the poverty level. The community served includes mostly low-income homebound older adults and individuals with disabilities. Disability population statistics for San Bernardino County indicates there are 253,072 (11.6%) that have a disability and, in the community, served the population estimate with a disability is 93,899. Approximately 80% of all calls received by the SCP staff are by individuals with sight impairment as their disability, have lost their ability to drive, and are in need of transportation. Our SCP volunteers will assist in the primary focus area of Healthy Futures by providing homebound, or older adults and individuals with disabilities, social and emotional services along with transportation to allow each individual live a better independent life. The San Bernardino Adult Day Care Center has identified a 75% increase risk of isolation or depression and a decline in functional abilities in frail elderly and disabled adults in the community. People, generally, are social by nature, and social relations can help them live longer, healthier lives. The daily dynamics associated with the coronavirus pandemic has certainly challenged the effectiveness of our volunteers' activities. Companionship and socialization are important tools in combating loneliness and preventing negative health and medical conditions associated with loneliness. The Center for Disease Control and Prevention (CDC) in November 2020 reported poor social relationships (characterized by social isolation or loneliness) are associated with a 29% increased risk of heart disease, a 32% increased risk of stroke, with about a 50% increased risk of dementia. Inland Caregivers Resource Center, Pacific Hospice, and The Visiting Nurses Association, current programs identified by City of San Bernardino SCP, are respite services for caregivers and is one of the most pressing community needs in the Inland Empire. Furthermore, SCP volunteers will provide respite service to caregivers which will improve social ties or perceived social support. From phone calls by frontline staff, recent past surveys, and interactions with seniors in our community in a multi-faceted service industry (municipal parks and recreation), many seniors have been found to live alone and have little to no contact with the others in the community, and the healthcare practices of social distancing and isolationism, as a result of the coronavirus, provide a Packet Page 2644 Page 5 For Official Use Only Narratives "Catch 22" situation. Most of the clients have shared they would not be able to age in place without the help of a Senior Companion, although the virus poses a severe threat to both the senior-age companion volunteer and the senior-age client, who are most vulnerable to the virus. Peace of mind is hard-pressed in both regards, yet the feelings of loneliness brought on by isolation can be devastating, especially to the senior-age population and the disabled who have little or no family to care for them. ARTICULATE A THEORY OF CHANGE, MEANING HOW THE SERVICES OF THE VOLUNTEERS WILL ADDRESS THE COMMUNITY NEEDS AND HOW THE SERVICE ACTIVITY DESCRIBED PROVIDES A SIGNIFICANT CONTRIBUTION TO THE OUTCOMES OF THE WORK PLAN THAT LEAD TO NATIONAL PERFORMANCE MEASURES OUTCOMES. SCP volunteers in the primary focus area of Healthy Futures/Companionship and Respite for Caregivers will provide service activities to include: companionship; transportation and assistance to medical appointments, pharmacies to obtain needed medications, grocery stores, and/or food banks; and other services such as pay utilities and legal assistance to help them live more independently. Current SCP volunteers help with the daily living activities that allow clients to stay living independently longer, especially those with little or no sight and have difficulty with identifying the right medications to take, cooking meals, home cleaning tasks, or responding to e-mails or letter writing. SCP volunteers may also provide direct respite services to caregivers that will provide temporary relief from the stresses of caregiving by providing short term assistance for an adult who is the primary caregiver for another person. Many Seniors in our service area are homebound, without family nearby, or neighborly contacts to assist them. SCP volunteers provide social and emotional assistance and can be utilized to make wellness calls to future/waitlist clients of the Senior Companion Program. These social and wellness checks give hope and fight the negative effects of depression upon both the physical and mental health of each client, not to mention the benefits that this altruistic behavior extends to the volunteer. Packet Page 2645 Page 6 For Official Use Only Narratives Activity logs and timesheets will indicate the hourly and financial contributions to the national performance measures. Outputs and outcomes will also be determined by the use of annual client and caregiver surveys that should reflect the benefits of the program, as well as monthly testimonials to be reported. LOGICALLY CONNECTS ALL ELEMENTS TOGETHER, AS DESCRIBED IN THE NOTICE. o THE COMMUNITY NEED(S) IDENTIFIED; The community served includes mostly low-income homebound older adults and individuals with disabilities in need of companionship, transportation, assistance to obtain food and essential needs as well as medical services. Caregivers are in need of respite services to allow them short-term, temporary relief from the stresses of caregiving and of an increase in social support of the client. o THE SERVICE ACTIVITIES THAT WILL BE CARRIED OUT BY AMERICORPS SENIORS VOLUNTEERS; AmeriCorps Seniors Volunteer service activities will include: companionship; respite services; transportation and assistance to medical appointments, pharmacies to obtain needed medications, grocery stores and/or food banks, and other services such as utilities pay, finding legal assistance, reading mail, e-mail replies, and letter dictation to help them live more independently. o THE INSTRUMENT DESCRIPTION AND DATA COLLECTION PLANS; SCP staff will routinely conduct client and caregiver surveys that measure desired outcomes. Surveys will be collected and measured based on the measurement tool instructions. Surveys will be kept on file in the SCP office. Survey outputs and outcomes will be reported in the annual progress report in the E-grants system. Monthly testimonials will also be routinely provided. o WORK PLANS THAT INCLUDE TARGET NUMBERS THAT LEAD TO OUTCOMES OR OUTPUTS, AND ARE APPROPRIATE FOR TOTAL NUMBER OF VOLUNTEERS ASSIGNED TO THE WORK PLAN; Target numbers are based on 2 - 4 individuals per volunteer and outcomes are based on prior years of Packet Page 2646 Page 7 For Official Use Only Narratives Recruitment and Development clients. - 5 unduplicated volunteers will provide respite services/companionship to 10 - 20 caregivers. - 30 unduplicated volunteers will provide Companionship, Nutrition/Food Support, Transportation, and Medical Services to 90 - 120 individuals. WORK PLAN OUTPUTS AND OUTCOMES ALIGN WITH NATIONAL PERFORMANCE MEASURES REQUIREMENTS. SCP volunteers in the primary focus area of Healthy Futures/Companionship or Respite for Caregivers will provide service activities to include transportation to medical appointments, pharmacies, grocery stores and/or food banks, and other services such as utilities pay, finding legal assistance, reading mail, e-mail replies, and letter dictation to help them live more independently. SCP volunteers will provide direct respite services to caregivers. Activity logs or timesheets will indicate the hourly and financial contributions to the national performance measures. Outputs and outcomes will also be determined by the use of client and caregiver satisfaction surveys in addition to direct VSY data. WORK PLAN OUTPUTS AND OUTCOMES ARE ACHIEVABLE, BASED ON RESOURCES, PROGRAM DESIGN, AND VOLUNTEERS ENGAGED. The City of San Bernardino SCP project has been under the sponsorship of Parks, Recreation and Community Services Department for 49 years. The Department has organized personnel to ensure the success of the Program. The Director of Parks, Recreation and Community Services Department, Lydie Gutfeld, provides support and positive leadership for the SCP program to the City Manager, City Council and Mayor, and the San Bernardino community at large. Direct support, leadership, and supervision are provided to the program by Mitch Assumma, Community Recreation Manager. The City of San Bernardino also has two full time employees that work solely with the SCP program to assure work plans are achieved and in support of the program. The City of San Bernardino SCP has worked, and continues to work, with the San Bernardino County Department of Aging and Adult Services, Alzheimer's Association, Family Service Agency, and other various Community organizations, as well as Senior Community Centers. Packet Page 2647 Page 8 For Official Use Only Narratives Recruitment and Development: YOUR PLAN AND INFRASTRUCTURE TO ENSURE AMERICORPS SENIOR VOLUNTEERS RECEIVE TRAINING NEEDED TO SUCCEED IN THE SERVICE ACTIVITIES DESCRIBED IN THE WORKPLAN. SCP staff working with our Advisory Council and station supervisors will use prior assignment plans and needs of community as well as needs of volunteers to assist us in developing the topics for our monthly In-Service training and include those topics in our 20 hour pre-service orientation. New volunteers are required to go through 20-hour pre-service orientation training with the program coordinator. Training may include, and is not limited to, SCP handbook review, policies, and procedures, Modules from CNCS website, training from Alzheimer's Association website, "What would you do?" videos from CNCS, and available client resources in the community such as food distribution, local senior center services, mental health care, legal assistance, funeral/trust/will planning retirement, insurance fraud, personal safety, and other information of interest to senior-age individuals. As our focus area is Healthy Futures, our in-service training will include, but not be limited to: how to avoid slips and falls, making good decisions about driving, Alzheimer's/Dementia, how to maintain a healthy brain, how to prevent mail fraud and other financial scams that target seniors, safe use of medications, healthy eating and nutritional information, and exercises for elderly and disabled adults, to name a few. We will include training on area specific disaster planning such as earthquakes and, of course, the latest information on disease control, especially regarding the COVID-19 virus. SCP staff will network with other community organizations to secure speakers to give presentations and informational handouts. Sign-in sheets will be used to monitor volunteer involvement. THE DEMOGRAPHICS OF THE COMMUNITY SERVED AND PLANS TO RECRUIT A VOLUNTEER POOL REFLECTIVE OF THE COMMUNITY SERVED. o The SCP staff will recruit new volunteers and clients at community outreach events, health fairs, and other venues/networks with local agencies. We will advertise on the City website, on several local electronic marquees, local hard-print media sources, as well as our readily available social media sources. We will attend routine community meetings focused on senior-age services provided by the County of San Bernardino. Another plan to recruit volunteers will be to collaborate with Healthcare plan Representative to attend community focused meetings and connect with community Packet Page 2648 Page 9 For Official Use Only Narratives organization representatives. We will also advertise at local low-income senior housing communities and Senior Centers primarily through flyer postings and phone calls. We will send our recruitment flyers and brochures bi-annually to an extensive mail list of local churches, golf clubs, businesses providing senior services (auto repair shops, hair styling and beauty shops, laundry facilities, travel and tour agencies, etc.), community service groups who tend to have older board members, and other senior living facilities. o INDIVIDUALS FROM DIVERSE RACES, ETHNICITIES, SEXUAL ORIENTATIONS, OR DEGREES OF ENGLISH LANGUAGE PROFICIENCY The SCP staff recruits for volunteers with no restrictions on the basis of formal education, experience, race, color, national origin including limited English proficiency, gender, age, religion, sexual orientation, disability, gender identity or expression, political affiliation, marital or parental status, or military service. Individuals with bi-lingual skills in Spanish are highly sought due to a large number of Spanish-speaking residents in the Inland Empire service area. Currently the City of San Bernardino SCP project has two Spanish-speaking staff at the 5th Street Senior Center where the Program Office is located, and there are several volunteer Companions that assist with prospective volunteers. o VETERANS AND MILITARY FAMILY MEMBERS AS AMERICORPS SENIORS VOLUNTEERS SCP staff will establish a communication network with volunteer center coordinators and social workers at the Veterans Hospital in Loma Linda as a significant outlet in its recruitment efforts to attract volunteer veterans and military family members to become SCP volunteers. We will also visit veteran organizations in our service area to make face-to-face appeals before their boards and memberships: The American Legion, Veterans of Foreign Wars, The Eagles, and The Elks. o AMERICORPS SENIORS VOLUNTEERS WITH DISABILITIES The SCP staff will assist volunteers with disabilities to accommodate their needs, such as reading for individuals who are illiterate or accommodating work assignments to meet the ability of volunteer's limitations, such as provision of a walker or cane. SCP staff will attend the Department of Aging and Adult Services (DAAS) quarterly meetings and events to recruit individuals with age-related disabilities. o AMERICORPS SENIOR VOLUNTEERS BETWEEN THE AGES OF 55 AND 70 YEARS OLD Packet Page 2649 Page 10 For Official Use Only Narratives Program Management The City of San Bernardino SCP does have an age requirement for eligibility of 55 or older for volunteers. SCP staff will verify age with the volunteer's Government-issued driver's license or identification card. YOUR PLAN AND INFRASTRUCTURE TO RETAIN AND RECOGNIZE THE AMERICORPS SCP VOLUNTEERS. SCP staff will plan, coordinate, and implement an Annual Volunteer Recognition Event for all volunteers near the latter part of the fiscal year. Each volunteer is recognized for their volunteer service with a meal, a gift or gift bag filled with goodies, and a certificate of appreciation which includes their years of service, most hours served, and most clients serviced. The program will also hold a Holiday Social in December as a mid-year inspiration for the volunteers, with gifts and festivities as well. The program will also recognize volunteers at our monthly in-service meetings for specific outstanding actions and recognize volunteers who have upcoming birthdays, sharing a birthday song and cake. In addition to being recognized during the program's monthly in-service meetings, SCP volunteers will enjoy light refreshments. The program may receive In-Kind donations for the holiday event and Annual Volunteer Recognition Event, cake donations, gift cards, items for goodie bags, etc. SCP staff also provides guidance and an "Open Door" policy for volunteers to share concerns and gain support for their needs or just for peace of mind. Another way we retain volunteer service is by conducting an annual SCP Volunteer Satisfaction Survey from all volunteers and following through with their input where possible. All information received from the survey is reported and we will address any areas of dissatisfaction immediately and with finality. THE PLANS AND INFRASTRUCTURE TO ENSURE MANAGEMENT OF VOLUNTEER STATIONS ARE IN COMPLIANCE WITH AMERICORPS SCP PROGRAM REGULATIONS (SUCH AS PREVENTING OR IDENTIFYING PROHIBITED ACTIVITIES). Through the Memorandum of Understanding (MOU) agreement (which includes the self-certification section to ensure that all volunteer stations are public or private non-profit organizations or licensed proprietary health care facilities), each volunteer site agrees to follow the guidelines that are set inside the agreement. Through periodic volunteer station visits and interaction with the volunteer supervisors the program is able to see the work that is being done and may be able to identify and prevent prohibited activities. Each Site Supervisor will be provided a policies and procedures manual with pertinent forms included. The information of the Site Supervisor will be periodically updated as Packet Page 2650 Page 11 For Official Use Only Narratives the contact information may change. They are also responsible to give the Companion their work assignment and provide SCP staff with and assignment plan or care plan and a signed Letter of Agreement. New volunteer stations are developed through an on-site visit with the station site supervisor and staff to explain how we can help their clients, what our respective roles and responsibilities will be, and defining the supervisor and communication channels. The SCP Director/Coordinator will assign Companions to the volunteer site to develop skills and capabilities that would prepare the Companion for needed community service to the agency. All Companion assignments must meet the following stipulations: Create new or expand existing community services, provide meaningful work and the opportunity to learn new skills that can possibly help both the Companion and the client, and all volunteer stations must be in a safe, drug-free and healthy environment. The Coordinator of Volunteers provides oversight of each volunteer site supervisor. As needed the SCP Coordinator will research organizations in the service area to recruit new stations in line with work plans and regulations. YOUR PLAN AND INFRASTRUCTURE TO DEVELOP AND/OR OVERSEE VOLUNTEER STATIONS TO ENSURE THAT VOLUNTEERS ARE PERFORMING THEIR ASSIGNED SERVICE ACTIVITIES. SCP staff will perform quarterly volunteer station visits. During those visits client and/or caregiver assignment plans or care plans will be discussed and evaluated with each volunteer station supervisors to ensure that volunteers are performing their requested activities. A simple checklist to document the visit will be developed and utilized going forward. If changes or additions to volunteer's activities need to be made, a new care plan will be devised during that time and immediately implemented. Site Supervisors will do annual assessments with clients to update assignment plans. Timesheets will be used, including client name and initialed dates of service, to ensure volunteers are performing their assigned service activities. Site Supervisors are responsible for approving timesheets and to make sure that the pay period dates, number of hours volunteered, and dates of volunteering are correct for the month being reported. YOUR EXPERIENCE AND ORGANIZATIONAL TRACK RECORD IN WORK PLANS THAT LEAD TO NATIONAL PERFORMANCE MEASURES OUTCOMES. SCP volunteers have provided volunteer service to the City of San Bernardino for close to fifty years! The program has always provided personal one-on-one service to senior citizens, then to disabled Packet Page 2651 Page 12 For Official Use Only Narratives Organizational Capability adults, and then to caregivers. SCP Volunteers provide companionship, nutrition/food support, transportation to medical services/appointments to individuals who have reported as having significantly decreased life-enhancing social ties or perceived social support. The greatest challenge by far is related to the efficient recruitment of qualified volunteers, especially when the average age of the volunteer Companion is 70 years and turnover is high due to normal death rates. One reason we are successful in recruitment is because we have employed two full-time, benefitted employees to manage the Program. Annual and semi-annual progress reports have always been evaluated as favorable and on-time, with prompt resolution of any discrepancies. DEMONSTRATE PLANS TO ADDRESS CULTURE OF VOLUNTEERS STATIONS TO BE SAFE INCLUSIVE SPACES FOR DIVERSE VOLUNTEERS: we will prioritize cultivating an environment that fosters safety, inclusivity, and respect for diversity. Through our Memorandum of Understanding agreements and regular site visits, we emphasize the importance of creating volunteer stations that are welcoming to individuals from all backgrounds. Each volunteer site supervisor will receive training and support to ensure they understand and uphold our commitment to inclusivity. We provide resources such as policies and procedures manuals and periodic updates to ensure that supervisors are equipped to maintain a safe and supportive environment for volunteers. Additionally, we actively engage with volunteer stations to address any concerns or issues related to inclusivity, and we encourage open dialogue and feedback from volunteers to continuously improve our practices. By promoting a culture of acceptance and diversity, we aim to create a fulfilling experience for volunteers while maximizing the positive impact of our program on the communities we serve. YOUR PLANS AND INFRASTRUCTURE TO PROVIDE SOUND PROGRAMMATIC AND FISCAL OVERSIGHT (BOTH FINANCIAL AND IN-KIND) AND DAY-TO-DAY OPERATIONAL SUPPORT TO ENSURE COMPLIANCE WITH AMERICORPS SENIORS SCP REQUIREMENTS (STATUTES, REGULATIONS, AND APPLICABLE OMB CIRCULARS) AND TO ENSURE ACCOUNTABILITY AND EFFICIENT AND EFFECTIVE USE OF AVAILABLE RESOURCES. o COMPLIANCE WITH AMERICORPS SENIORS SENIOR COMPANION PROGRAM REQUIREMENTS(STATURES, REGUALTIONS, AND APPLICABLE OMB CIRCULARS) Packet Page 2652 Page 13 For Official Use Only Narratives The City of San Bernardino operates under a hybrid Mayor-Council-City Manager form of government. The Mayor is elected by the voters at large and is the CEO of the City. The City Manager is the Chief Administrative Officer, who directs most City departments. The Department of Parks, Recreation and Community Services directly oversights the SCP project, whereas the Finance Department's sole purpose is the application and enforcement of sound fiscal management practices and procedures regarding all city services. All City Departments follow audited public common practice financial policies and procedures as outlined in the City's Financial Operations Manual. These are all subject to Council approval and are maintained by the Finance and City Manager Departments. The City's program-based Fiscal Year operates July 1st through June 30th of the following year. The Finance Department is one of 13 city departments. This department acts as the centralized and formal means of disseminating Cost Principle Guidelines, as well as Administrative Guidelines and Audit Guidelines to the rest of the city departments/divisions. o ACCOUNTABILITY The City maintains a high level of checks and balances in its fiscal management systems, including a hierarchy review and approval process designed to ensure accurate budget management and timely fiscal reporting system for the Senior Services Division of the Parks, Recreation and Community Services Department. The City utilizes a reliable and audited service delivery system that has effectively met or exceeded all prior years' performance objectives of AmeriCorps Seniors. The City's Purchasing Division assists all departments in ensuring that internal procedures are in place for all accounts payable and receivables. Budget development and use is administered by the Parks, Recreation and Community Services Department staff and further supported by the Finance Department staff, especially for travel and reimbursements for volunteers. The City of San Bernardino is celebrating forty-six years of demonstrated services as a provider of Volunteer Service Programs for youth and seniors. The City of San Bernardino SCP project has been under the sponsorship of Parks, Recreation and Community Services Department for 49 years. The Director of Parks, Recreation and Community Services Department, Lydie Gutfled, provides support and positive leadership for the SCP program to the City Manager, City Council and Mayor, and the San Bernardino community at large. Direct support, leadership, and supervision are provided to the program by Mitch Assumma, Community Recreation Manager. YOUR ORGANIZATION'S CAPACITY TO: Packet Page 2653 Page 14 For Official Use Only Narratives o DEVELOP AND IMPLEMENT INTERNAL POLICIES AND OPERATING PROCEDURES TO PROVIDE GOVERNANCE AND MANAGE RISK, SUCH AS ACCOUNTING, PERSONNEL MANAGEMENT, AND PURCHASING. The Director of Parks, Recreation and Community Services is responsible for the activities of its human resources, including recruitment, training, promotion, and retention; establishment of daily work schedules and routines, budget development and use; and communication of performance outcomes. The City of San Bernardino fiscal management procedures, including budget control, accounting systems, cash and banking procedures, payroll systems, and internal auditing, are operated, managed, and controlled through the City of San Bernardino Finance Department. The budget process is facilitated and administered annually via the Mayor, City Council, and City Administration. Variances in budgeted expenses are analyzed by the City Manager and Finance Departments. Reports on such data are disseminated quarterly. Individual City departments manage the development and use of their own budget, and each department head is accountable to the City Manager. An independent auditor reviews City financial records annually. REPORTING MECHANISM AND TRAINING PLAN: The City of San Bernardino has an effective mechanism for reporting suspected criminal activity, waste, fraud, and/or abuse to both the AmeriCorps Office of Inspector General and AmeriCorps. This mechanism involves designated points of contact within the Parks, Recreation and Community Services Department who are responsible for receiving and documenting reports of suspected misconduct. Reports are promptly forwarded to the appropriate authorities for investigation and resolution. By implementing these measures, the City of San Bernardino demonstrates its commitment to maintaining integrity, accountability, and transparency in its operations, ensuring that any instances of suspected misconduct are addressed promptly and appropriately. Additionally, the City can plan and develop a training plan to educate staff and participants on reporting protocols. Training sessions include information on recognizing signs of misconduct, understanding reporting procedures, and ensuring timely and accurate reporting. Training opportunities can be provided regularly to both staff and volunteers, with a focus on promoting awareness and understanding of the importance of reporting suspected violations. Packet Page 2654 Page 15 For Official Use Only Narratives o EFFICIENT AND EFFECTIVE USE OF AVAILABLE RESOURCES The City of San Bernardino SCP has worked, and continues to work, with the San Bernardino County Department of Aging and Adult Services, Catholic Charities, Lighthouse for the Blind, Meals on Wheels, Family Service Agency, and various Community and Senior Centers. The SCP program effectively uses The City of San Bernardino Fifth Street Senior Center to hold In-service training meetings. SCP also benefits from knowledge of local organizations on valuable training for volunteers. The City of San Bernardino Parks, Recreation and Community Services Department is constantly seeking alternative funding resources, cash or in-kind, in support of their community serving mission. The detailed list below shows some of the grants received by our department (directly related to service programs). Senior Nutrition Program -- 1978 -- Present; San Bernardino Head Start Program -- 1992 -- 2009; Nutrition Network Program -- 1998 -- 2016; San Bernardino Mentoring Program -- 1992 -- 2009; RSVP (Retired Senior Volunteer Program) -- 1975 -- Present; SCP (Senior Companion Program) -- 1975 -- Present; and Kaiser Hospital Community Foundation Grant 2008 -- Present. Outdoor Equity 2021 -- Present; CLEARLY DEFINED PAID STAFF POSITIONS, INCLUDING (AS APPLICABLE) IDENTIFICATION OF CURRENT STAFF ASSIGNED TO THE PROJECT AND HOW THESE POSITIONS WILL ENSURE THE ACCOMPLISHMENT OF THE PROGRAM OBJECTIVES. The City Manager's Office oversights most city services, including that of the SCP and all grant- funded programs especially. In addition to other support staff, the Finance Department provides several Accountant positions (Annie Clark, CPA) whose duties are to maintain records of revenue and expense; examine supporting documentation to establish proper authorization and conformance with agreements, contracts, and state and federal regulations; and compile and prepare routine accounting schedules and reports, including audit reviews. The Department of Parks, Recreation and Community Services directly administers the SCP project. From top down, the chain of command is the Director/Department Head (Lydie Gutfeld), the Community Recreation Manager (Mitch Assumma), the Community Services Supervisor (LaKeisha Jackson), and the SCP Coordinator (Oscar Rivas), the SCP Coordinator of Volunteers (Delores Suarez). The Director of the Parks, Recreation and Community Services Department reports to the City Manager. The SCP Coordinator - SCP's responsibilities include, but are not limited to, assigning volunteers to volunteer stations, conducting Packet Page 2655 Page 16 For Official Use Only Narratives Other volunteer station visits, maintaining budget and expenditure records, grant reporting in E-grants, recruitment of volunteers and volunteer sites, building public awareness and support for the SCP, planning and implementing recognition for the volunteers, attending grant workshops and training conferences and completing reports for the corporation and the sponsor. The Coordinator of Volunteers assists the SCP Coordinator in all areas of the Program coordination in ways relevant to the position's authority, but is most responsive to daily client and companion service needs. The Community Recreation Manager (Mitch Assumma) has administered the SCP in San Bernardino for over 14 years as Manager of the Senior Services division. He has over 35 years of experience in managing municipal services in the parks and recreation field. Mr. Assumma holds a Master's Degree in Public Administration, and a Bachelor's Degree in Recreation Administration. o MANAGE CAPITAL ASSETS SUCH AS FACILITIES, EQUIPMENT, AND SUPPLIES. The 5th Street Senior Center houses both the Senior Companion Program and the Retired Senior and Volunteer Program, which is funded through a combination of the City's General Fund and various Federal and State grants. The 5th Street Senior Center is ADA compliant and is currently being used for administration, training and meetings, community programs, special interest classes, and group rentals. The Center is fully outfitted with tables, chairs, furniture, play equipment, kitchen equipment for full meal preparation, sound and PA system, and office management; the grant-funded Senior Nutrition Program also operates out of the 5th Street Senior Center along with lunch meal serving at five other locations. All health and safety OSHA requirements are followed. The City's Facilities Division of the Public Works Department maintains all building maintenance. Equipment and supplies are purchased as needed through the City's chain of command, utilizing best practice principles. The City of San Bernardino has implemented a robust data collection system to monitor, evaluate, and enhance volunteer activities, aligning with National Performance Measure requirements. Utilizing volunteer timesheets, Excel forms, and client surveys, the program captures a comprehensive range of data on volunteer engagement, service delivery, and client outcomes. Volunteers diligently track their hours and document service details through timesheets, while Excel forms provide a platform for recording in-depth information on volunteer duties and client Packet Page 2656 Page 17 For Official Use Only Narratives PNS Amendment (if applicable) interactions. This structured approach enables the program to assess volunteer participation, evaluate service effectiveness, and measure progress against performance indicators. Moreover, client surveys are conducted to solicit feedback on satisfaction levels, service outcomes, and areas for improvement. Integrating client perspectives into data analysis enhances the program's understanding of client needs and preferences, guiding service customization and improvement initiatives. By leveraging insights from client feedback alongside volunteer data, the program aims to optimize service delivery and demonstrate meaningful impact within the community. Furthermore, the program's data collection framework supports evidence-based decision-making, program evaluation, and reporting. By harnessing the combined power of timesheets, Excel forms, and client surveys, the program enhances volunteer program management, improves service quality, and reinforces accountability in achieving program objectives. Despite challenges in securing non-federal support, our organization remains deeply committed to program sustainability, with a longstanding history of oversight and continued financial contributions of 20-30% of the funding. Recognizing the importance of maximizing resources and ensuring long- term viability, we are dedicated to optimizing internal processes, leveraging federal funding effectively, and maintaining cost-efficient operations. Through strategic financial management and a steadfast commitment to our mission, we aim to sustain program impact and continue serving seniors and communities effectively for years to come. Additionally, our organization will be accepting the one-time grant of $2,500 designated for travel and training purposes. This funding will support volunteer development initiatives, including training sessions, workshops, and conferences, enhancing the capacity and skills of our volunteers to deliver high-quality services to the community. Not applicable. Packet Page 2657 Page 18 For Official Use Only Performance Measures % of Unduplicated Volunteers in Work Plans that result in Outcomes: % of Unduplicated in the Primary Focus Area: 100% 100% Healthy Futures Aging in Place 1 3 2 Objective: Number of Volunteer Stations:Anticipated Unduplicated Anticipated Volunteer 1.4 1.3 Performance Measure: Performance Measure: Focus Area: Food Delivery Transportation Food DeliveryService Activity: Service Activity Description:SCP Volunteer may transport older adult clients to local senior community center to receive a free meal. AmeriCorps Senior Companions would spend four hours with a client twice a week. Long-term caregivers face significant challenges, including financial strain, health issues, and emotional stress. Our Respite Care program offers essential breaks to caregivers, allowing them time to prioritize their own well-being. We aim for independent in-home clients to experience reduced social isolation and prolonged independence at home, while providing caregivers the opportunity to attend to personal matters or work commitments. Respite care for seniors is provided on an ongoing and as-needed basis. Ideally, AmeriCorps Senior Companions would spend four hours with a client twice a week. However, flexibility is key, and we tailor our support to meet individual needs. To ensure the well-being of our senior volunteers, we require a minimum commitment of five volunteer hours to prevent burnout. By offering flexible respite care solutions and prioritizing caregiver support, we strive to enhance the overall quality of life for both caregivers and those receiving care. Long-term caregivers face significant challenges, including financial strain, health issues, and emotional stress. Our Respite Care program offers essential breaks to caregivers, allowing them time to prioritize their own well-being. We aim for independent in-home clients to experience reduced social isolation and prolonged independence at home, while providing caregivers the opportunity to attend to personal matters or work commitments. Community Need to be Addressed: Community Need to be Addressed: H13: Caregivers of homebound or older adults/individuals with disabilities receiving respite serviceAnticipated H14: Number of caregivers who reported having increased social ties/perceived social supportAnticipated 6 Client Tracking DatabaseTarget:How Measured: Instrument Description:Client intake form and assignment care plan for each client indicating respite care is being provided. Tracking System3Target:How Measured: Instrument Description:Surveys and assignment care plan Packet Page 2658 Page 19 For Official Use Only Healthy Futures Aging in Place 1 3 2 Objective: Number of Volunteer Stations:Anticipated Unduplicated Anticipated Volunteer 1.3 1.1 Performance Measure: Performance Measure: Focus Area: Transportation Companionship TransportationService Activity: Service Activity Description:SCP Volunteer may transport client to grocery store, post office, medical appointments, and other necessary transportation needs. AmeriCorps Senior Companions would spend four hours with a client twice a week. Respite care for seniors is provided on an ongoing and as-needed basis. Ideally, AmeriCorps Senior Companions would spend four hours with a client twice a week. However, flexibility is key, and we tailor our support to meet individual needs. To ensure the well-being of our senior volunteers, we require a minimum commitment of five volunteer hours to prevent burnout. By offering flexible respite care solutions and prioritizing caregiver support, we strive to enhance the overall quality of life for both caregivers and those receiving care. Long-term caregivers face significant challenges, including financial strain, health issues, and emotional stress. Our Respite Care program offers essential breaks to caregivers, allowing them time to prioritize their own well-being. We aim for independent in-home clients to experience reduced social isolation and prolonged independence at home, while providing caregivers the opportunity to attend to personal matters or work commitments. Respite care for seniors is provided on an ongoing and as-needed basis. Ideally, AmeriCorps Senior Companions would spend four hours with a client twice a week. However, flexibility is key, and we tailor our support to meet individual needs. To ensure the well-being of our senior volunteers, we require a minimum commitment of five volunteer hours to prevent burnout. By offering flexible respite care solutions and prioritizing caregiver support, we strive to enhance the overall quality of life for both caregivers and Community Need to be Addressed: H13: Caregivers of homebound or older adults/individuals with disabilities receiving respite serviceAnticipated H14: Number of caregivers who reported having increased social ties/perceived social supportAnticipated 6 Client Tracking DatabaseTarget:How Measured: Instrument Description:Client intake form and assignment care plan for each client indicating respite care is being provided. Tracking System3Target:How Measured: Instrument Description:Surveys and assignment care plan Packet Page 2659 Page 20 For Official Use Only Healthy Futures Healthy Futures Aging in Place Aging in Place 1 1 4 3 Objective: Objective: Number of Volunteer Stations:Anticipated Unduplicated Anticipated Volunteer 1.1 1.2 Performance Measure: Performance Measure: Focus Area: Focus Area: Companionship Preventing Elder Abuse CompanionshipService Activity: Service Activity Description:SCP volunteers will provide social and emotional well-being. The client will receive a sense of belonging and develop positive meaningful relationships. AmeriCorps Senior Companions would spend four hours with a client twice a week. those receiving care. Long-term caregivers face significant challenges, including financial strain, health issues, and emotional stress. Our Respite Care program offers essential breaks to caregivers, allowing them time to prioritize their own well-being. We aim for independent in-home clients to experience reduced social isolation and prolonged independence at home, while providing caregivers the opportunity to attend to personal matters or work commitments. Respite care for seniors is provided on an ongoing and as-needed basis. Ideally, AmeriCorps Senior Companions would spend four hours with a client twice a week. However, flexibility is key, and we tailor our support to meet individual needs. To ensure the well-being of our senior volunteers, we require a minimum commitment of five volunteer hours to prevent burnout. By offering flexible respite care solutions and prioritizing caregiver support, we strive to enhance the overall quality of life for both caregivers and those receiving care. Community Need to be Addressed: H13: Caregivers of homebound or older adults/individuals with disabilities receiving respite serviceAnticipated H14: Number of caregivers who reported having increased social ties/perceived social supportAnticipated 6 Client Tracking DatabaseTarget:How Measured: Instrument Description:Client intake form and assignment care plan for each client indicating respite care is being provided. Tracking System3Target:How Measured: Instrument Description: Surveys and assignment care plan Packet Page 2660 Page 21 For Official Use Only Healthy Futures Aging in Place 1 4 4 3 3 Objective: Number of Volunteer Stations: Number of Volunteer Stations: Anticipated Unduplicated Anticipated Unduplicated Anticipated Volunteer Anticipated Volunteer 1.2 2.4 Performance Measure: Performance Measure: Focus Area: Preventing Elder Abuse Food Delivery Preventing Elder Abuse Food Delivery Service Activity: Service Activity: Service Activity Description: Service Activity Description: SCP Volunteer will be provided workshops with information about elder abuse. AmeriCorps Senior Companions would spend four hours with a client twice a week. SCP Volunteer may transport older adult clients to local senior community center to receive a free meal. AmeriCorps Senior Companions would spend four hours with a client twice a week. Promoting independent living among older adults fosters autonomy and enriches their lives by allowing them to receive in-home services while maintaining the freedom to pursue hobbies, engage socially, and manage daily tasks independently. This autonomy positively impacts emotional well-being, cognitive skills, and memory function. Our Emotional and Social Care program provides tailored support to meet the emotional and social needs of older adults. AmeriCorps Senior Companions ideally spend four hours with a client twice a week, providing compassionate companionship, emotional support, and assistance with social engagement. The program is flexible, accommodating individual needs as they arise. To ensure the well-being of our senior volunteers, we require a minimum commitment of five volunteer hours to prevent burnout while delivering meaningful support to those in need. Community Need to be Addressed: H13: Caregivers of homebound or older adults/individuals with disabilities receiving respite serviceAnticipated H14: Number of caregivers who reported having increased social ties/perceived social supportAnticipated 6 Client Tracking DatabaseTarget:How Measured: Instrument Description:Client intake form and assignment care plan for each client indicating respite care is being provided. Tracking System3Target:How Measured: Instrument Description:Surveys and assignment care plan Packet Page 2661 Page 22 For Official Use Only Healthy Futures Aging in Place 1 4 3 Objective: Number of Volunteer Stations:Anticipated Unduplicated Anticipated Volunteer 2.4 2.1 Performance Measure: Performance Measure: Focus Area: Food Delivery Transportation TransportationService Activity: Service Activity Description:SCP Volunteer may transport clients to grocery store, post office, medical appointments, and other necessary transportation needs. AmeriCorps Senior Companions would spend four hours with a client twice a week. Promoting independent living among older adults fosters autonomy and enriches their lives by allowing them to receive in-home services while maintaining the freedom to pursue hobbies, engage socially, and manage daily tasks independently. This autonomy positively impacts emotional well-being, cognitive skills, and memory function. Our Emotional and Social Care program provides tailored support to meet the emotional and social needs of older adults. AmeriCorps Senior Companions ideally spend four hours with a client twice a week, providing compassionate companionship, emotional support, and assistance with social engagement. The program is flexible, accommodating individual needs as they arise. To ensure the well-being of our senior volunteers, we require a minimum commitment of five volunteer hours to prevent burnout while delivering meaningful support to those in need. Community Need to be Addressed: (PRIORITY) H8: Number of individuals receiving independent living services (PRIORITY) H8: Number of individuals receiving independent living services Anticipated Anticipated (PRIORITY) H9: Number of individuals with increased social support. (PRIORITY) H9: Number of individuals with increased social support. Anticipated Anticipated 6 6 Client Tracking Database Client Tracking Database Target: Target: How Measured: How Measured: Instrument Description: Instrument Description: Client intake form and client/companion sa Client intake form and client/companion sa Survey Survey 6 6 Target: Target: How Measured: How Measured: Instrument Description: Instrument Description: Survey measuring the client's social emotional well-being Survey measuring the client's social emotional well-being Packet Page 2662 Page 23 For Official Use Only Healthy Futures Aging in Place 1 4 3 Objective: Number of Volunteer Stations:Anticipated Unduplicated Anticipated Volunteer 2.2 2.3 Performance Measure: Performance Measure: Focus Area: Companionship Preventing Elder Abuse CompanionshipService Activity: Service Activity Description:SCP volunteers will provide social and emotional well-being. The client will receive a sense of belonging and develop positive meaningful relationships.AmeriCorps Senior Companions would spend four hours with a client twice a week.AmeriCorps Senior Companions would spend four hours with a client twice a week. Promoting independent living among older adults fosters autonomy and enriches their lives by allowing them to receive in-home services while maintaining the freedom to pursue hobbies, engage socially, and manage daily tasks independently. This autonomy positively impacts emotional well-being, cognitive skills, and memory function. Our Emotional and Social Care program provides tailored support to meet the emotional and social needs of older adults. AmeriCorps Senior Companions ideally spend four hours with a client twice a week, providing compassionate companionship, emotional support, and assistance with social engagement. The program is flexible, accommodating individual needs as they arise. To ensure the well-being of our senior volunteers, we require a minimum commitment of five volunteer hours to prevent burnout while delivering meaningful support to those in need. Promoting independent living among older adults fosters autonomy and enriches their lives by allowing them to receive in-home services while maintaining the freedom to pursue hobbies, engage socially, and manage daily tasks independently. This autonomy positively impacts emotional well-being, cognitive skills, and memory function. Our Emotional and Social Care program provides tailored support to meet the emotional and social needs of older adults. AmeriCorps Senior Companions ideally spend four hours with a client twice a week, providing compassionate companionship, emotional support, and assistance with social engagement. The program is flexible, accommodating individual needs as they arise. To ensure the well-being of our senior volunteers, we require a minimum commitment of five volunteer hours to prevent burnout while delivering meaningful support to those in need. Community Need to be Addressed: Community Need to be Addressed: (PRIORITY) H8: Number of individuals receiving independent living servicesAnticipated (PRIORITY) H9: Number of individuals with increased social support.Anticipated 6 Client Tracking DatabaseTarget:How Measured: Instrument Description:Client intake form and client/companion sa Survey 6Target:How Measured: Instrument Description:Survey measuring the client's social emotional well-being Packet Page 2663 Page 24 For Official Use Only Healthy Futures Healthy Futures Aging in Place Aging in Place 1 1 4 4 3 3 Objective: Objective: Number of Volunteer Stations: Number of Volunteer Stations: Anticipated Unduplicated Anticipated Unduplicated Anticipated Volunteer Anticipated Volunteer 2.3 3.5 Performance Measure: Performance Measure: Focus Area: Focus Area: Preventing Elder Abuse Companionship Preventing Elder AbuseService Activity: Service Activity Description:SCP Volunteer will be provided workshops with information about elder abuse. AmeriCorps Senior Companions would spend four hours with a client twice a week. Elder adults who experience social isolation are at a higher risk of premature mortality compared to those with a strong support network. The loss of friends, spouses, or family members can intensify feelings of loneliness and depression, particularly for those living longer than their peers. This is especially common among seniors with impaired mobility who reside at home. Without sufficient social interaction and stimulation, seniors may struggle with grooming, nutrition, and overall enjoyment of life, increasing their vulnerability to clinical depression. Companion care plays a crucial role in alleviating these challenges by providing seniors with much-needed companionship and emotional support. Our program recognizes the importance of regular social engagement in maintaining seniors' emotional well-being and quality of life. While our companions are required to volunteer a minimum of five hours per week, we encourage them to volunteer twice a week for four to five hours each day. This ensures consistent and meaningful support for seniors, fostering a sense of excitement and positivity in their day-to-day lives. Community Need to be Addressed: (PRIORITY) H8: Number of individuals receiving independent living servicesAnticipated (PRIORITY) H9: Number of individuals with increased social support.Anticipated 6 Client Tracking DatabaseTarget:How Measured: Instrument Description:Client intake form and client/companion sa Survey 6Target:How Measured: Instrument Description:Survey measuring the client's social emotional well-being Packet Page 2664 Page 25 For Official Use Only Healthy Futures Aging in Place 1 4 3 Objective: Number of Volunteer Stations:Anticipated Unduplicated Anticipated Volunteer 3.5 3.4 Performance Measure: Performance Measure: Focus Area: Companionship Transportation Companionship Transportation Service Activity: Service Activity: Service Activity Description: Service Activity Description: SCP volunteers will provide social and emotional well-being. The client will receive a sense of belonging and develop positive meaningful relationships. AmeriCorps Senior Companions would spend four hours with a client twice a week. SCP Volunteer may transport clients to grocery store, post office, medical appointments, and other necessary transportation needs. AmeriCorps Senior Companions would spend four hours with a client twice a week. Elder adults who experience social isolation are at a higher risk of premature mortality compared to those with a strong support network. The loss of friends, spouses, or family members can intensify feelings of loneliness and depression, particularly for those living longer than their peers. This is especially common among seniors with impaired mobility who reside at home. Without sufficient social interaction and stimulation, seniors may struggle with grooming, nutrition, and overall enjoyment of life, increasing their vulnerability to clinical depression. Companion care plays a crucial role in alleviating these challenges by providing seniors with much-needed companionship and emotional support. Our program recognizes the importance of regular social engagement in maintaining seniors' emotional well-being and quality of life. While our companions are required to volunteer a minimum of five hours per week, we encourage them to volunteer twice a week for four to five hours each day. This ensures consistent and meaningful support for seniors, fostering a sense of excitement and positivity in their day-to-day lives. Community Need to be Addressed: H4A: Number of individuals served H4A: Number of individuals served Anticipated Anticipated H14: Number of caregivers who reported having increased social ties/perceived social supportAnticipated 6 6 Tracking System Tracking System Target: Target: How Measured: How Measured: Instrument Description:Client intake form, client assignment plan, and SCP volunteer time sheet to track hours spent with client. Tracking System6Target:How Measured: Instrument Description:Client survey to measure social emotional well-being Packet Page 2665 Page 26 For Official Use Only Healthy Futures Aging in Place 1 4 3 Objective: Number of Volunteer Stations:Anticipated Unduplicated Anticipated Volunteer 3.4 3.3 Performance Measure: Performance Measure: Focus Area: Transportation Nutrition/Food Support Nutrition/Food SupportService Activity: Service Activity Description:SCP Volunteer may transport older adult clients to local senior community center to receive a healthy and nutritious meal as well as transportation to local food banks, if necessary. AmeriCorps Senior Companions would spend four hours with a client twice a week. Elder adults who experience social isolation are at a higher risk of premature mortality compared to those with a strong support network. The loss of friends, spouses, or family members can intensify feelings of loneliness and depression, particularly for those living longer than their peers. This is especially common among seniors with impaired mobility who reside at home. Without sufficient social interaction and stimulation, seniors may struggle with grooming, nutrition, and overall enjoyment of life, increasing their vulnerability to clinical depression. Companion care plays a crucial role in alleviating these challenges by providing seniors with much-needed companionship and emotional support. Our program recognizes the importance of regular social engagement in maintaining seniors' emotional well-being and quality of life. While our companions are required to volunteer a minimum of five hours per week, we encourage them to volunteer twice a week for four to five hours each day. This ensures consistent and meaningful support for seniors, fostering a sense of excitement and positivity in their day-to-day lives. Community Need to be Addressed: H4A: Number of individuals servedAnticipated H14: Number of caregivers who reported having increased social ties/perceived social support H14: Number of caregivers who reported having increased social ties/perceived social support Anticipated Anticipated 6 Tracking SystemTarget:How Measured: Instrument Description: Instrument Description: Client intake form, client assignment plan, and SCP volunteer time sheet to track hours spent with client. Client intake form, client assignment plan, and SCP volunteer time sheet to track hours spent with client. Tracking System Tracking System 6 6 Target: Target: How Measured: How Measured: Instrument Description: Instrument Description: Client survey to measure social emotional well-being Client survey to measure social emotional well-being Packet Page 2666 Page 27 For Official Use Only Healthy Futures Aging in Place 1 4 3 Objective: Number of Volunteer Stations:Anticipated Unduplicated Anticipated Volunteer 3.1 3.2 Performance Measure: Performance Measure: Focus Area: Elder Justice: Fraud and Scam Prevention Respite Services Elder Justice: Fraud and Scam PreventionService Activity: Service Activity Description:SCP Volunteer will be provided workshops with information about fraud and scam prevention. These workshops will be provided once a month. Elder adults who experience social isolation are at a higher risk of premature mortality compared to those with a strong support network. The loss of friends, spouses, or family members can intensify feelings of loneliness and depression, particularly for those living longer than their peers. This is especially common among seniors with impaired mobility who reside at home. Without sufficient social interaction and stimulation, seniors may struggle with grooming, nutrition, and overall enjoyment of life, increasing their vulnerability to clinical depression. Companion care plays a crucial role in alleviating these challenges by providing seniors with much-needed companionship and emotional support. Our program recognizes the importance of regular social engagement in maintaining seniors' emotional well-being and quality of life. While our companions are required to volunteer a minimum of five hours per week, we encourage them to volunteer twice a week for four to five hours each day. This ensures consistent and meaningful support for seniors, fostering a sense of excitement and positivity in their day-to-day lives. Elder adults who experience social isolation are at a higher risk of premature mortality compared to those with a strong support network. The loss of friends, spouses, or family members can intensify feelings of loneliness and depression, particularly for those living longer than their peers. This is especially common among seniors with impaired mobility who reside at home. Without sufficient social interaction and stimulation, seniors may struggle with grooming, nutrition, and overall enjoyment of life, increasing their vulnerability to clinical depression. Companion care plays a crucial role in alleviating these challenges by providing seniors with much-needed companionship and emotional support. Our program recognizes the importance of regular social engagement in maintaining seniors' emotional well-being and quality of life. While our Community Need to be Addressed: Community Need to be Addressed: H4A: Number of individuals servedAnticipated H14: Number of caregivers who reported having increased social ties/perceived social supportAnticipated 6 Tracking SystemTarget:How Measured: Instrument Description:Client intake form, client assignment plan, and SCP volunteer time sheet to track hours spent with client. Tracking System6Target:How Measured: Instrument Description:Client survey to measure social emotional well-being Packet Page 2667 Page 28 For Official Use Only Healthy Futures Aging in Place 1 4 3 Objective: Number of Volunteer Stations:Anticipated Unduplicated Anticipated Volunteer 3.2Performance Measure: Focus Area: Respite Services Respite ServicesService Activity: Service Activity Description:SCP Volunteer may provide respite care to individuals receiving in home caregiving. AmeriCorps Senior Companions would spend four hours with a client twice a week. companions are required to volunteer a minimum of five hours per week, we encourage them to volunteer twice a week for four to five hours each day. This ensures consistent and meaningful support for seniors, fostering a sense of excitement and positivity in their day-to-day lives. H4A: Number of individuals servedAnticipated H14: Number of caregivers who reported having increased social ties/perceived social supportAnticipated 6 Tracking SystemTarget:How Measured: Instrument Description:Client intake form, client assignment plan, and SCP volunteer time sheet to track hours spent with client. Tracking System6Target:How Measured: Instrument Description:Client survey to measure social emotional well-being Packet Page 2668 Page 29 For Official Use Only Required Documents Applicant Operational and Financial Management Survey (OFMS) Document Name Sent Status Packet Page 2669 Page 30 Packet Page 2670 Page 1 The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic and Volunteer Service Act of 1973, as amended (42 U.S.C. Chapter 22). Purpose 94.016CFDA No.: 290 N D ST San Bernardino CA 92401-1734 24SCICA002Agreement No.: 3Amendment No.: San Bernardino, City of Grantee 956000772EIN: 07/01/2024 - 06/30/2027Performance Period: 07/01/2025 - 06/30/2027Budget Period: Corporation for National and Community ServiceNotice of Grant Award Award Information Terms of Acceptance: By accepting funds under this grant, recipient agrees to comply with General Terms and Conditions found at https://americorps.gov/sites/default/files/document/FY2025-General-Terms-and-Conditions.pdf and the Program Terms and Conditions found at https://www.americorps.gov/sites/default/files/document/2025- 06/2025_FGP_SCP_T%26C_508.pdf. Recipient also agrees to comply with assurances and certifications made in the grant application, supporting documents, and with applicable federal statutes, regulations and guidelines. Funding Information Previously Awarded This Year This Award/ Amendment $332,662 $0Total Obligated by CNCS Grantee's Unobligated Balance (Carryover) $0 $0 Total Available $332,662 $0 Total CNCS Funds Awarded to Date Cumulative Funding for Project Period Total Awarded in Previous Amendments $335,162 Senior Companion Program 06/10/2025 $667,824 250 E Street SW, Suite 300 Washington, DC 20525-0001 (202) 606-5000 Total Current Year $332,662 $0 $332,662 For Official Use Only Funding Source and Amount 2025--OPE1-P77-OPO-26000-4101 $332,662.00 Grant Year:2 Year 2 Signature Award Date San Bernardino, City of Legal Applicant EJLMHR1CMKM7UEI: Award Description This award funds the approved 2025–26 SCP program. Your 2025–26 statutory match is 10% and your budgetary match is 25.42% Corporation for National and Community Service: Packet Page 2671 Page 2 CFDA No.: West Region 290 N D ST San Bernardino CA 92401-1734 24SCICA002Agreement No.: 3Amendment No.: San Bernardino, City of Grantee 956000772EIN: 07/01/2024 - 06/30/2027Performance Period: 07/01/2025 - 06/30/2027Budget Period: Bonnie Janicki Notice of Grant Award Award Information Senior Grants Officer Grants Officer Program Officer Senior Companion Program 250 E Street SW, Suite 300 Washington, DC 20525-0001 (202) 606-5000 For Official Use Only Grant Year:2 Delores Suarez Mitchell Assumma EJLMHR1CMKM7UEI: Packet Page 2672 Packet Page 2673 Packet Page 2674 Packet Page 2675 Packet Page 2676 Packet Page 2677 Schedule "H" 1 CITY OF SAN BERNARDINO, CALIFORNIA 3 DEPARTMENT 4 PROJECT #: 0509 SCP 2025/26 5 Account Number Description FY2023-24 BUDGET ESTIMATES MATCH TOTAL6 8 Grant Name:123-380-0509 001-380-0509 10 Salaries 11 5011 Salaries perm/fulltime 53,136 43,476 96,612 12 5013 Automobile allowance - 13 5014 Salaries temp/parttime - 14 5015 Overtime - 15 Total: Salaries 53,136 43,476 96,612 16 Benefits 17 5026 PERS retirement 5,766 3,844 9,610 18 5027 Health and life insurance 16,2004,097 10,800 27,000 19 5028 Unemployment insurance --- 20 5029 Medicare 781 520 1,301 20 5034 CalPERS Unfunded Liability -17,915 17,915 21 Total: Benefits 22,747 33,080 55,827 22 Total: Salaries & benefits 75,883 76,556 152,439 24 Maintenance and Operations 5102 Computer Equipment -- 26 5111 Materials and Supplies 2,500 1,500 4,000 27 5122 Dues and subscriptions - 28 5131 Mileage 1,500 1,000 2,500 29 5132 Meetings and conferences 1,800 1,200 3,000 30 5133 Education and training - 5135 Transportation - grant 47,407 13,772 61,179 5136 Meals 44,400 -44,400 5150 Utilities 3,015 3,015 5161 Insurance 660 -660 31 5172 Equipment maintenance - 32 5174 Printing charges 150 150 33 5175 Postage 300 300 34 5176 Copy machine charges - 5181 Other operating expense 4,000 600 4,600 35 5186 Civic and promotional - 5191 Stipends 182,622 154,512 154,512 36 5193 Grant match - 37 Total: Maintenance and Operations 256,779 21,537 278,316 38 Contract Services 39 5502 Professional/contractual services - 40 5505 Other professional services -1,325 1,325 41 Total: Contractual Services -1,325 1,325 42 Internal Service Charges 43 5601 Garage charges - 44 5602 Workers compensation -8,785 8,785 45 5603 Liability 2,860 2,860 46 5604 IT charges in-house 7,240 7,240 47 5605 Telephone support 1,800 1,800 48 5606 Electric - 49 5612 Fleet charges - fuel - 50 Total: Internal Service Charges -20,685 20,685 51 Capital Outlay 5702 Computer Equipment --- 52 5703 Communications equipment - 53 Total: Capital Outlay --- 54 Credit/billables 55 5910 Credit - federal and state program funding - 56 Total: Credit/billables --- 57 Total: Non-Personnel Expenses 256,779 43,547 300,326 58 Grant Total 332,662 120,103 452,765 9856 7/23/2025Packet Page 2678 2 7 1 6 CONSENT CALENDAR City of San Bernardino Request for Council Action August 20, 2025 Honorable Mayor and City Council Members Vanessa Carder, Acting Director of Parks, Recreation, and Community Services; Eric Levitt, City Manager Parks, Recreation, and Community Services Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-357: 1. Ratifying the submission of a new grant application for year one of a three-year grant through the Corporation for National and Community Service’s AmeriCorps Seniors Retired and Senior Volunteer Program (RSVP); and 2. Authorizing the City Manager to accept the grant award in the amount of $70,477; and 3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant awards; and 4. Authorizing the Director of Finance and Management Services to appropriate the grant funds for the period of April 1, 2025 ($17,618.25 in FY 24-25) through March 31, 2026 ($52,858.75 in FY 25-26). Executive Summary The Senior Services Division received notification of a new first year of a three-year (2025-2028) grant award for the Retired and Senior Volunteer Program (RSVP) in the amount of $70,477. This grant will be used to recruit and coordinate senior-age volunteers in activities that benefit the local community. Background The City has participated in the federally funded Retired and Senior Volunteer Program Packet Page 2679 2 7 1 6 (RSVP) for 51 years. The RSVP program provides funds for staff to coordinate the Work Plans of the volunteer program. The RSVP staff member(s) recruit volunteers, select work sites, make site visits, and prepare reports to meet grant requirements. RSVP volunteers, age 55 and over, perform various service activities within the community under different Memorandum of Understandings, with one of the larger commitments being local law enforcement as Citizens on Patrol (COP) volunteers. RSVP volunteers do not receive pay, but they can request up to $30 per quarter as reimbursement for their transportation expenses. This is paid out of grant funds. RSVP volunteers can serve up to forty hours a week providing support for senior lunch programs, local non-profits, community centers, public safety agencies, and hospitals. They also provide disaster preparedness with the California Highway Patrol and San Bernardino County Sheriff’s Department. This past year, 141 volunteers contributed 28,649 hours with an economic value of over $911,035. Health and wellness, self-improvement, connecting with others, and building new skills are the most notable benefits for the RSVP volunteers. Discussion On April 7, 2025, staff received the Notice of Grant Award letter from the Corporation for National and Community Service (CNCS) in an amount of $70,477. This funding will allow staff to continue the services provided by RSVP. The first year of a 3-year grant cycle (2025-2028) will end March 31, 2026. The fiscal cycle of the RSVP grant begins nine months into the current city fiscal year cycle (FY2024/2025), with an approximate 25%/75% fiscal year allocation. The City provides a contracted budgeted match of 50.3% for the RSVP in the amount of $76,354 in shared costs to reimburse volunteer stipends, program expenditures and the agreed upon staff salary percentage for the RSVP. This grant match funding is budgeted in account no. 001-380-0502. The City also provides in the amount of $1,158 an in-kind contribution for the cost of utilities (phone included) for the program’s office space. 2021-2025 Strategic Targets and Goals This request aligns with Key Target 3c: Improved Quality of Life - Constantly Evaluate Public Safety Service Delivery Models to Enhance the Quality of Service. Fiscal Impact The City required match of $76,354 is funded by the General Fund and is already included in the adopted budgets for FY 2024–25 and FY 2025–26. In-kind utilities in the amount of $1,158 are accounted for via existing overhead charges. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-357: 1. Ratifying the submission of a new grant application for year one of a three-year grant through the Corporation for National and Community Service’s AmeriCorps Seniors Retired and Senior Volunteer Program (RSVP); and Packet Page 2680 2 7 1 6 2. Authorizing the City Manager to accept the grant award in the amount of $70,477; and 3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant awards; and 4. Authorizing the Director of Finance and Management Services to appropriate the grant funds for the period of April 1, 2025 ($17,618.25 in FY 24-25) through March 31, 2026 ($52,858.75 in FY 25-26). Attachments Attachment 1 Resolution No. 2025-357 RSVP Grant, 1st Year Attachment 2 2025-2028 RSVP Grant Application Attachment 3 2025-2026 RSVP Notice of Grant Award Attachment 4 2025-2026 RSVP Grant Budget & Grant Budget Narratives Ward: All Wards Synopsis of Previous Council Actions: May 1, 2024 The Mayor and City Council adopted Resolution No. 2024-107 of the Mayor and City Council of San Bernardino, California approving a continuation of submitted budget application for year three of a three- year grant through the National and Community Services Retired and Senior Volunteer Program, accepting the grant award in the amount of $57,309, and appropriating the grant funds for the period of April 1, 2024, through March 31, 2025. June 21, 2023 The Mayor and City Council adopted Resolution No. 2023-105 of the Mayor and City Council of the City of San Bernardino, California approving a continuation of submitted budget application for year two of a three-year grant through the National and Community Services Retired and Senior Volunteer Program, accept the grant award in the amount of $54,809, and appropriate the grant funds for the period of April 1, 2023, through March 31, 2024. May 4, 2022 The Mayor and City Council adopted Resolution No. 2022-78 ratifying the submission of a continuation grant application for Year One of a 3-Year grant with the Corporation for National and Community Service’s Retired and Senior Volunteer Program, Accept the Grant Award in the amount of $54,809, and Appropriate the Grant Funds for the Period of April 1, 2022, through March 31, 2 023. October 20,2021 The Mayor and City Council adopted Resolution No. 2021-253 ratifying the submission of a continuation grant application for year three of a three-year grant with the Corporation for National and Community Service’s Retired and Senior Volunteer Program (RSVP), accepting the Grant Award in the amount of $54,809, and appropriating $73,989 in matching funds for the continued operation of the RSVP for a total amount of $128,798, for the Period of April 1, 2021, through March 31, 2022. Packet Page 2681 Resolution No. 2025-357 Resolution No. 2025-357 August 20, 2025 Page 1 of 3 6 9 8 3 RESOLUTION NO. 2025-357 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA APPROVING THE RATIFICATION OF THE SUBMISSION OF A NEW GRANT BUDGET APPLICATION FOR YEAR ONE OF A THREE-YEAR GRANT THROUGH THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE’S AMERICORPS SENIORS RETIRED AND SENIOR VOLUNTEER PROGRAM, ACCEPTING THE GRANT AWARD IN THE AMOUNT OF $70,477, AND APPROPRIATING THE GRANT FUNDS FOR THE PERIOD OF APRIL 1, 2025, THROUGH MARCH 31, 2026. WHEREAS, the City submitted a Grant application for federal assistance requesting funding for Year One of a Three (3) Year Grant Allocation for the Retired and Senior Volunteer Program; and WHEREAS, the Notice of Grant Award was received by the City for the Retired and Senior Volunteer Program on April 7, 2025; and WHEREAS, the City has participated in the federally funded Retired and Senior Volunteer Program for 51 years; and WHEREAS, individuals ages 55 years and older provide volunteer services at various locations and organizations; and WHEREAS, 141 individual RSVP volunteers contributed 28,649 hours of time at various locations and organizations in FY 2024-25. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Authorize the Mayor and City Council of the City of San Bernardino hereby ratifies the submission of a Three-Year grant application for year one of the Corporation of National and Community Service AmeriCorps Seniors’ Retired and Senior Volunteer Program (RSVP) in the total amount of $146,831; and, SECTION 3. Authorize the Director of Finance and Management Services to accept the grant award in the amount of $70,477 and authorize the Director of Finance or his/her designee to appropriate that amount for the continued operation of the RSVP; and, Packet Page 2682 Resolution No. 2025-357 Resolution No. 2025-357 August 20, 2025 Page 2 of 3 6 9 8 3 SECTION 4.CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of August 2025. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page 2683 Resolution No. 2025-357 Resolution No. 2025-357 August 20, 2025 Page 3 of 3 6 9 8 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-357, adopted at a regular meeting held on the 20th day of August 2025 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this __ day of August 2025. Telicia Lopez, CMC, Acting City Clerk Packet Page 2684 Page 1 STATE APPLICATION IDENTIFIER: 25SRICA007 FEDERAL IDENTIFIER: 25SR268664 2b. APPLICATION ID: 3. DATE RECEIVED BY STATE: 09/25/24 4. DATE RECEIVED BY FEDERAL AGENCY: San Bernardino, City ofLEGAL NAME: 290 N D ST Nicolette WilsonNAME: TELEPHONE NUMBER: FAX NUMBER: wilson_ni@sbcity.orgINTERNET E-MAIL ADDRESS: 956000772 6. EMPLOYER IDENTIFICATION NUMBER (EIN): 94.00210a. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: Retired and Senior Volunteer Program10b. TITLE:RSVP-San Bernardino 11.a. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: San Bernardino County: The San Bernardino Valley cities of Highland, Redlands, Colton, San Bernardino, and Yucaipa; the high desert from Barstow 04/01/25START DATE:03/31/28 $ 70,477.00a. FEDERAL $ 76,354.00 $ 0.00c. STATE $ 76,354.00 $ 0.00 $ 146,831.00g. TOTAL a. TYPED NAME OF AUTHORIZED REPRESENTATIVE:b. TITLE: (909) 384-5414 04/01/25 e. DATE SIGNED: Local Government, Municipal 2a. DATE SUBMITTED TO CORPORATION FOR NATIONAL AND COMMUNITY SERVICE (CNCS): 1. TYPE OF SUBMISSION: Non-Construction 5. APPLICATION INFORMATION NAME AND CONTACT INFORMATION FOR PROJECT DIRECTOR OR OTHER PERSON TO BE CONTACTED ON MATTERS INVOLVING THIS APPLICATION (give area codes): ADDRESS (give street address, city, state, zip code and county): A. AUGMENTATION B. BUDGET REVISION C. NO COST EXTENSION D. OTHER (specify below): 9. NAME OF FEDERAL AGENCY: Corporation for National and Community Service 13. PROPOSED PROJECT:14. CONGRESSIONAL DISTRICT OF: 15. ESTIMATED FUNDING:16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? YES. THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: DATE: 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? YES if "Yes," attach an explanation.NOX 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. APPLICATION FOR FEDERAL ASSISTANCE San Bernardino CA 92401 - 1734 NEW CONTINUATION AMENDMENT 09/25/24 Local Government - Municipal $ 0.00 PART I - FACE SHEET Modified Standard Form 424 (Rev.02/07 to confirm to the Corporation's eGrants System)Application NEW/PREVIOUS GRANTEE 11.b. CNCS PROGRAM INITIATIVE (IF ANY): X NO. PROGRAM IS NOT COVERED BY E.O. 12372 d. SIGNATURE OF AUTHORIZED REPRESENTATIVE: Year #: X 1 a.Applicant b.Program UEI NUMBER:EJLMHR1CMKM7 Packet Page 2685 Page 2 For Official Use Only Narratives Executive Summary Strengthening Communities The City of San Bernardino RSVP proposes to have a total of 150+ AmeriCorps Seniors volunteers who will support transportation programs, companionship programs, nutrition programs, senior services, Citizens on Patrol with the San Bernardino County Sheriffs Department, and California Highway Patrol (CHP) Hospitals, and Non-Profits. The primary focus areas of this project is Strengthening Communities. At the end of the three-year grant, AmeriCorps Seniors volunteers will be responsible for supporting local Law Enforcement, Government, and Non-Profit agencies with day-to-day tasks, Such as: patrol operations, clerical duties, emergency response, special events, cooks for nutritional programs, kitchen support, senior center support, conducting classes at seniors (health and fitness, crochet, sewing, computer labs) and gardening. The AmeriCorps federal investment of $70,477 will be supplemented by the City of San Bernardino's match amount of $76,354, excess funds included. This is a 28.58% increase over the previous three years, as the unprecedented rise in inflationary costs and much higher labor costs have deemed it necessary. The county of San Bernardino, in which the San Bernardino RSVP operates, is the largest County in the United States. It spans over 400 square miles and the County's 2,180,085 inhabitants the AmeriCorps Senior, San Bernardino RSVP will serve cities with a total population of approximately 2,196,314. The communities in the service areas are known as the Inland Empire, High Desert, and San Bernardino Mountains. This area of San Bernardino County has a higher unemployment rate, a higher poverty rate ranging from 13.3% across these communities, a higher high school drop-out rate, and a lower median family income level at an average of $ 46,600. In late 2019, the Covid-19 outbreak affected the United States and all around the world in more ways than one. A "Stay At Home'' order took place as a community mitigation strategy to reduce the spread of the virus in the country. According to the CDC, this public health practice caused States and territories that issued mandatory stay-at-home orders implications such as decreased population movement. The San Bernardino RSVP service area experienced a reduction of activities and close person-to-person contact outside the household. The communities served were made up almost entirely of older adults, aged 50 or higher, and were found to be the most susceptible to this disease. As a result, members of the community were left with no other option than to take the precaution needed to combat the spread of the virus. To combat this we have implemented the PAL (Phone Alert League) program, a program designed to maintain contact with the socially isolated members of the community through scheduled Packet Page 2686 Page 3 For Official Use Only Narratives Recruitment and Development phone calls from assigned volunteers. Many individuals felt lonely before the pandemic and even more faced severe isolation during it. It was important to continue the practice of safe social distancing during this time, so volunteers will be making the phone calls from home. This allows individuals to remain independent while still gaining the social support provided in a friendly phone call. Calls consisted of wellness checks, and providing different resources obtainable for seniors. MOU's (Memorandum Of Understanding) with various Law Enforcement Agencies, Senior Centers, and Hospitals also play a big role in strengthening communities. Senior volunteers are volunteering their time everyday supporting their local agencies with day-to-day operations. Volunteers in the Mountain areas support CHP officers with directing traffic when roads are bad during inclement weather or accidents. There are hundred's of both general volunteers and RSVP volunteers serving from the high desert to the Morongo Basin. They also conduct different classes at the senior centers, like health and fitness, crochet, sewing, 2-step club, and some are even computer lab techs. Opening the Senior Center Garden is also a way to welcome back the volunteers after a long time of being away from the center. Volunteers enjoy the small luxury of having their garden to tend since many of them live in senior living homes that lack this amenity. Most importantly, they can connect with nature and with each other in a very open outdoor space, relieving stress while doing so. The new volunteer opportunities being presented in the San Bernardino RSVP service areas are an approach to maintaining healthy futures for independent living. San Bernardino-RSVP also maintains an MOU with the county's Older Californian's Nutrition Program. The Program serves nutritional lunches/dinners to seniors at various community sites around the city. RSVP volunteers support the program with prep and serving. According to the department of San Bernardino County's community indicators, the poverty rate among seniors in San Bernardino County increased from 11.5% in 2012 to 12.6% in 2021 and 34% of seniors 65+ cannot afford their basic needs. The program is ideal because it helps seniors receive an additional meal if they aren't able to do so. Recruitment is completed through a variety of avenues, including community centers, posting on social media platforms such as Facebook and Instagram, All for Good, 211, a quarterly newsletter for the volunteers and volunteer sites, flyers, special events, street banners, Health/Volunteer fairs, city events, and the City of San Bernardino website. As we rebuild our program after the changes COVID-19 has made to our program we will be working with our partners to find new ways to recruit volunteers as time goes on. The San Bernardino RSVP plan and infrastructure to ensure volunteers receive the training needed to Packet Page 2687 Page 4 For Official Use Only Narratives be highly effective has been in effect for years with the San Bernardino County Sheriff¿s Department, California Highway Patrol, City of San Bernardino Senior Nutrition Program. Senior Centers and School on Wheels and the arrowhead Regional Medical Center. Training ranges from 4 hours for the City of San Bernardino Senior Nutrition Program to 40 hours with the California Highway Patrol and San Bernardino County Sheriff¿s Department. Additional training is provided throughout the year and as needed. We have found that training on-site provides a more highly effective and fulfilled volunteer and encourages a ¿best fit¿ placement. While the PAL (Phone Alert League) program has sparked interest in many volunteers, both old and new, a call list of individuals that need social connection will be required to fulfill its purpose. The staff has created flyers, brochures, and even aired a public service announcement on a local television channel through the city¿s media group to raise awareness of the program to gain both volunteers and ¿clients¿. The efforts made were successful in recruiting eager volunteers for this program, but staff will now be going into senior living complexes within the service areas to connect with the actual individuals in need of this service. The Advisory Council of Senior Programs is being revamped so that the members of the council are primarily made up of members of the community who would like to be involved and genuinely care for the success of both programs. To find these proactive individuals, staff will promote the Advisory Council of Senior Programs to college campuses and community centers through flyers, and will also be engaging in city programs such as ¿Coffee with a Cop¿, where members of the community come together and discuss community topics of interest. Rebuilding the council with devoted members can ensure we find the perfect match for the program¿s development. The Advisory Council of Senior Programs will be expected to help recruit volunteers, fundraise, event plan, and even administrate posts on social media. In exchange, we offer members of the Advisory Council of Senior Programs extensive leadership skills and experience with an organization that they can utilize to build their resumes. Through networking on social media and at other community events held within the year, we can partner with other proactive groups whose goal is also to support an underserved population. Advisory Council meetings are held quarterly, so to welcome the community at large, these meetings will be listed on the city¿s calendar which can be viewed on the city¿s website (www.SbCity.org). Staff also hosts an RSVP booth at the Inland Empire Senior Games Health and Senior Resource Fair. This is an annual event that is open to the public and offers the community a wide range of different services and resources which allows staff to engage with new faces and enlighten them with the many Packet Page 2688 Page 5 For Official Use Only Narratives benefits of joining RSVP. Also in conjunction with the City of San Bernardino Parks, Recreation, and Community Services Department RSVP staff and volunteers are participants in the Veterans Day Parade and Resource Fair each Veteran's Day. As events open up RSVP staff are working with community partners to become more prominent in the community as part of the rebranding of the program. THE DEMOGRAPHICS OF THE COMMUNITY SERVED AND PLANS TO RECRUIT A VOLUNTEER POOL REFLECTIVE OF THE COMMUNITY SERVED: The City of San Bernardino is partnering with local Hispanic and African American organizations to recruit minority volunteers from which we have larger populations to pull from. Staff is also using resources such as Google translator to communicate with the volunteers who speak different languages from our own. Promoting diversity and inclusion in the recruitment of volunteers starts with the uniqueness of staff. The San Bernardino RSVP is organized by different backgrounds instead of one type of person. Having a workforce that contains a diversity of age, marital status, work habits, educational backgrounds, race, socioeconomic status, points of view, and cultural interests, creates an environment that allows all kinds of different volunteers to succeed in service and contribute meaningfully. Based on this, the volunteer pool includes people from different backgrounds and is included in a way that goes beyond avoiding discrimination. The program actively involves people from different backgrounds and empowers them to be a part of RSVP. Recognizing the potential in every person no matter their religious belief, ethnicity, or gender brings a sense of belonging to everyone. That is why a diverse range of volunteer opportunities are offered because different kinds of people are attracted to different kinds of roles that require different kinds of skill sets as well as different time commitments. Individuals with disabilities can serve right in the comfort of their homes, serving the role of a phone alert league. Recruiting from individuals who use the community¿s services, such as but not limited to community food distribution, PAL, and senior nutrition. It¿s a very natural desire among many to want to give back to those that give to us. This strategy welcomes those with different socioeconomic backgrounds, disabilities, and immigration statuses to join forces with the San Bernardino RSVP. PLAN AND INFRASTRUCTURE TO RETAIN AND RECOGNIZE THE RSVP VOLUNTEERS To retain volunteers, project staff administers the San Bernardino RSVP service satisfaction survey to gather information once a year regarding the volunteer¿s level of satisfaction with RSVP in general, as Packet Page 2689 Page 6 For Official Use Only Narratives Program Management well as their volunteer station sites. All input is reviewed by the RSVP Program Manager and all areas of dissatisfaction and satisfaction are addressed as able. Monthly birthday and occasional greeting cards will be sent out as a way to personally connect and build a good rapport with volunteers. The San Bernardino RSVP holds an annual RSVP Recognition Luncheon for all volunteers. Each volunteer is recognized for their years of volunteer service, which includes a full lunch, awards given for years of service, goodie bags, and raffle prizes for the attendees as able. To have more volunteers attend the recognition, two separate recognition events are held, one in the High Desert and one in the Inland Empire. What was once an annual newsletter will now be a quarterly newsletter to keep volunteers up to date with events and news. This was a decision made by staff so that volunteers can have more to look forward to throughout the year. In the quarterly newsletter, volunteers are profiled and recognized for their outstanding community service achievements. The San Bernardino RSVP will also be participating in the city¿s Annual Veteran¿s Salute organized by the Parks, Recreation, and Comndmunity Development Services Department. This is an opportunity that showcases the dual honor of serving our veterans as well as serving beside them in the program. Understanding that volunteer service contributes millions of dollars to the economy is one of the top reasons why the San Bernardino RSVP invests in its volunteers in return. Creating the ¿RSVP Brand Ambassador¿ to represent the organization not only helps shape the direction of the program but also happens to motivate the volunteer to be just as invested in our outcomes. The ambassador role is meant for volunteers who are exceptionally skilled in recruiting other volunteers. At times, they¿ll be invited to help promote our organization at fairs, sites, and anywhere they feel is a great area to find potential volunteers. Reaching a sense of high importance will allow the ambassador to appreciate the opportunity to help the San Bernardino RSVP grow. Each volunteer station is required to complete a Memorandum of Understanding (MOU). The MOU of the San Bernardino RSVP lists the expectations of the volunteer station to align it with program regulations. Program staff works to cultivate a positive open relationship with volunteer site supervisors. Through routine station visits and direct interaction in the programs at the volunteer sites, the program staff guides work assignments to help prevent or identify prohibited activities. These visits are recorded on monitoring report forms with a follow-up action plan if corrective measures are warranted. The San Bernardino RSVP Volunteer Policies and Procedures Handbook is made available to all volunteers and volunteer stations which also provides additional clarification of the rules and regulations. As new regulations are introduced to the AmeriCorps Senior RSVP Program there is Packet Page 2690 Page 7 For Official Use Only Narratives training through pamphlets or in-person training as needed. The RSVP Manager or Assistant schedules visits face-to-face, phone, or over Zoom on a routine basis, as well as case-by-case as needed. Communication with volunteers at their volunteer stations is another crucial part of the plan to track compliance with AmeriCorps Senior RSVP regulations. Direct observation of volunteer activities as we are able gives insight into the impact the volunteers provide for the community. The plan and infrastructure to ensure that volunteers are on target with their volunteer assignments are centered on weekly contact by the San Bernardino RSVP staff, supported by a written log, in/out process, and phone messaging system. The key to this communication success is to have volunteer site work with the San Bernardino RSVP staff to create complete and verifiable volunteer assignment descriptions that spell out clear volunteer performance expectations with time-sensitive deadlines. With the input, the San Bernardino RSVP staff work with Volunteer Site staff to build new programs or revamp existing programs to fit with the needs of the community and the San Bernardino RSVP national performance measures outcomes. All volunteer¿s, service activities, hours, mileage, and volunteer site stations information are tracked through timesheets and MOUs which are inputted into a database for easy recall and data point retention through the Volunteer Reporter, version 6.7. As stated in the San Bernardino RSVP policies and procedures: When making changes to volunteer stations to meet the changing needs of the community, San Bernardino RSVP staff will do all that possible to minimize the disruption to current volunteers and volunteer stations where able. (1) All current volunteers will be offered a new volunteer assignment within the San Bernardino RSVP realigned volunteer stations. (2) All current volunteers will be given the training and materials needed to make the move to their new volunteer assignment as smooth as possible. (3) Current volunteers who wish to remain with the graduates will be separated from the San Bernardino RSVP will continue to volunteer with their current volunteer station, without any benefits provided by the San Bernardino RSVP. (4) All stations which have been graduated will be provided with the contact information of another local volunteer organization, such as Volunteers of America, to help them meet the need of their respective program. Station Site's supervisors, volunteers and RSVP coordinator collaborate on a monthly basis to go over expectations, updates, professional development trainings etc. These meetings are vital to prevent, detect, and mitigate the risk of fraud, waste, abuse, and mismanagement. Including and assessment of appropriate segregation duties, internal oversight activities, measures to prevent timekeeping fraud, etc. Though RSVP is NOT required to conduct background checks on volunteers, station sites that have an MOU with RSVP are mostly law enforcement or a government agency. Volunteers that want Packet Page 2691 Page 8 For Official Use Only Narratives Organizational Capability to volunteer at the station site through RSVP are required to complete a background check with the DOJ, complete the law enforcement academy for COP's(law enforcement) and other trainings, this includes training with RSVP personnel. All Volunteer's service hours, assignments and mileage are recorded on timesheets that are to be submitted every first Thursday of each month. Each timesheet must be filled out completely and accurately with no white out or scribbles. Timesheets must have both the volunteer signature and the supervisor signature. Time keeping is recorded on behalf of both parties and submitted into a the volunteer reporter software to retain volunteer records such as mileage reimbursements, hours, addresses, start dates/terminations and demographics. It is mandated that all personnel employed by the San Bernardino RSVP (Nicolette Wilson, Program Coordinator and Deborah Collier, Senior Rec Leader) undergo a back ground check and drug screening prior to their intended start date. Per the NSCHC it is also mandated that all San Bernardino RSVP personnel undergo a background check, utilizing the recommended, Truscreen vendor, in order to be in compliance with Americorps guidelines. All results and reports are recorded and filed. Copies of results/reports are also provided to the participating party(s) if requested. The San Bernardino RSVP and SCP programs have joined to form one advisory council to support the needs of both programs. The advisory council meets quarterly, with the RSVP Program assistant acting as the staff liaison for all meetings. We are looking for members from both programs, volunteer sites, and the community at large. With the input from the advisory council, the Program Managers direct the direction of the San Bernardino RSVP Program. The advisory council also does all fundraising for the two programs and they are expanding our recruitment profile in the communities we serve. An advisory council handbook has been created to ensure that all regulations of the advisory council are being met. San Bernardino RSVP has an infrastructure in place that any and all volunteers, staff or stakeholders contact the RSVP Program Coordinator immediately if they see or suspect any criminal activity, waste, fraud, and or abuse. If it is an emergency, they are to call 911 and follow up with the San Bernardino RSVP Coordinator with updates. RSVP coordinator would then thoroughly document all claims and inquires and report them to the Parks and Rec Manager or director and Americorps portfolio manager to further resolve the issue. The city of San Bernardino operates under a hybrid Mayor-Council-City Manager form of government. The Mayor is elected by the voters of the City; City Council by their respective wards; and the City Manager is appointed and is the Chief Administrative Officer. The Department of Parks, Packet Page 2692 Page 9 For Official Use Only Narratives Recreation, and Community Services directly oversees the RSVP project, whereas the Finance Department¿s sole purpose is the application and enforcement of sound fiscal management practices and procedures regarding all city services. All-City Departments follow audited public common practice financial policies and procedures as outlined in the City's Financial Operations Manual. They are all subject to Council approval and are maintained by the Finance and City Managers Departments. The City¿s program-based 2024-2025 Fiscal Year operates July 1st through June 30th of the following year. The Finance Department is one of 14 city departments that act as the centralized and formal means of disseminating Cost Principle Guidelines, as well as Administrative Guidelines and Audit Guidelines to the rest of the city departments/divisions. The City maintains a high level of checks and balances in its fiscal management systems, including a hierarchy review and approval process designed to ensure accurate budget management and a timely fiscal reporting system for the Senior Services Division of the Department. The City utilizes a reliable and audited service delivery system that has effectively met or exceeded all prior years¿ performance objectives of AmeriCorps Senior. The City¿s Purchasing Division assists all departments in ensuring that internal procedures are in place for all accounts payable and receivables. Budget development and use are administered by the Parks, Recreation, and Community Services Department staff and further supported by the Finance Department Staff, especially for travel and mileage reimbursements for volunteers, and City Manager¿s Office. All project resources-both financial and in-kind are managed through policies and procedures set in place by the City of San Bernardino Finance Department; and are outlined in the Municipal Code 3.0 ¿ Purchasing System. All purchases are tracked by the use of a purchase order after the need has been determined, available funds have been verified and quotes have been obtained from local vendors to be awarded to the lowest responsive and responsible vendor. All purchase orders are submitted with proper documentation to be approved by the program staff supervisor and Director of the department. They are then forwarded onto the Finance Department who will once again review all submitted documents and determine budget availability for approval and seek City Manager, City Attorney, and Mayor and Common Council approvals as warranted. From there the purchase order is delivered to the vendor for services or materials to be received. Invoices for services or materials are then matched to the PO and processed through Accounts Payable in the Finance Department. All in- kind services, materials, and financial support for the program are tracked through receipts and deposit verification forms, subject to internal and external auditing, which, in turn, are issued via input into the City¿s New World financial management system. In-kind donations are managed by Packet Page 2693 Page 10 For Official Use Only Narratives program staff through a process of documentation, tracking, and use. Clearly defined roles are in place to secure the integrity of the City and all its many partners. The City Manager¿s Office oversees most city services, including that of the RSVP and all grant-funded programs. In addition to other support staff, the Finance Department provides several Accountant positions (Annie Clark and or Mary Alvarez-Gomez) whose duties are to maintain records of revenue and expense; examine supporting documentation to establish proper authorization and conformance with agreements, contracts, and state and federal regulations; and compile and prepare routine accounting schedules and reports. The Department of Parks, Recreation, and Community Services directly administers the RSVP project. From top-down, the Director/Department Head (Lydie Gutfeld) supervises the Community Recreation Manager (Mitch Assumma), who supervises the RSVP Program Coordinator (Nicolette Wilson), (Deborah Collier) RSVP Part-time staff. The Director of the Parks, Recreation, and Community Services Department reports to the City Manager. The RSVP Program Coordinator, Nicolette Wilson, has over 7 years working with the San Bernardino Parks, Recreation and Community Services Department starting as a Summer Lunch Program monitor, which was federally funded; a leader and coordinator for the ¿Creative Before & Afterschool Program¿ (C.A.P.S), which is a state-funded grant program; and then as a Community Center supervisor, managing staff, planning programs, planning special events, and working with the public. Ms. Wilson transitioned to the position of San Bernardino RSVP Program Manager in August of 2022. Her responsibilities include, but are not limited to, recruitment of volunteers and volunteer sites, building public awareness and support for the RSVP, planning and implementing recognition for the volunteers, and completing reports for AmeriCorps Senior and the sponsors. A Senior Recreation Leader will be working part-time directly under Ms. Wilson, and their duties include, recruitment, special events, keeping records up to date both on paper and in Volunteer Reporter version 6.9 which is used to track volunteers, volunteer service activities, volunteer hours, and mileage, and volunteer sites information as well as many other duties as needed. Ms. Wilson has worked to build up the advisory council with new members throughout the communities we serve and has spearheaded the expansion of the PAL Program. The volunteers enjoy the youthful personality she brings to the program. The Community Recreation Manager (Mitch Assumma) has administered the RSVP in San Bernardino for over twenty years, and he has over 30 years of experience in managing municipal services in the parks and recreation field, along with a Master¿s Degree in Public Administration. He has managed many grants and sponsorships in this professional Packet Page 2694 Page 11 For Official Use Only Narratives tenure. The Director of Parks, Recreation and Community Services is responsible for the activities of its human resource, including recruitment, training, promotion, and retention; establishment of daily work schedules and routines, budget development and use; and communication of performance outcomes. The City of San Bernardino fiscal management procedures, including budget control, accounting systems, cash and banking procedures, payroll systems, and internal auditing, are operated, managed, and controlled through the City of San Bernardino Finance Department. The budget process is facilitated and administered annually via the Mayor, City Council, and City Administration. Variances in budgeted expenses are analyzed by the City Manager and Finance Departments. Reports on such data are disseminated quarterly. Individual City departments manage their budget and each Department Head is accountable to the City Manager. An independent auditor reviews city financial records annually. The 5th Street Senior Center houses both the Senior Companion Program and the Retired Senior and Volunteer Program, which is funded through the City¿s General Fund as the match. The 5th Street Senior Center is ADA compliant and is currently being used for senior services administration, training and meetings, senior lunch meals, community programs, special interest classes, and group rentals. The Center is fully outfitted with tables, chairs, furniture, kitchen equipment for full meal preparation, sound and PA system, and office management. All health and safety OSHA requirements are followed. The City¿s Facilities Division of the Public Works Department maintains all building maintenance. Equipment and supplies are purchased as needed through the City¿s chain of command, utilizing best practice principles. The City of San Bernardino as a municipal government operates under the State of California Code. The City of San Bernardino has managed RSVP for over 40 years and followed all grant requirements successfully in that long duration. Furthermore, the City has tightened all financial management systems and practices considerably since officially exiting Chapter 9 Bankruptcy in 2017. The City of San Bernardino Parks, Recreation, and Community Services Department is constantly seeking alternative finding resources in support of their community-serving mission. The detailed list below shows some of the grants received by our department (directly related to service programs). Senior Nutrition Program &#9474; 1978 ¿ Present San Bernardino Head Start &#9474; 1992 ¿ 2009 Nutrition Network Program &#9474; 1998 ¿ Present San Bernardino Mentoring Program &#9474; 1992 ¿ 2009 Packet Page 2695 Page 12 For Official Use Only Narratives Other PNS Amendment (if applicable) Retired and Senior Volunteer Program (RSVP) &#9474; 1975 ¿ Present Senior Companion Program (SCP) &#9474; 1975 ¿ Present The City of San Bernardino RSVP in particular has met or exceeded its required non-federal financial share of the project every year of the past 46 years of funding. The percentage of the cities non-federal financial share or match the past five years has been: 2017 ¿ 2018: 48.6%, 2018 ¿ 2019: 52.6%, 2019 ¿ 2020: 54.3%, 2020 ¿ 2021: 54.3%, 2021 ¿ 2022: 55.8%. This match is reflected through the in-kind contribution of space in-kind as well as matching funds to help support project personnel expenses and fringe benefits, supplies, volunteer travel, insurance, and recognition. Other Community Priorities: RSVP has established a new MOU with Morongo Basin California Highway Patrol and initiated seven new volunteers to date. Two additional MOU's (Garcia Center for the Arts and the Older Californians Nutrition Program) have been established and various volunteer applications are in progress. Volunteer Training: The 2nd to 3rd year continuation grant includes a recently awarded $2,500 augmentation for volunteer training in general. Quarterly meetings will be conducted at work station locations pertinent volunteer safety and service enhancement topics. Small healthy snacks and beverages will be provided, which will aid in volunteer retention efforts. Professional published handouts and/or guest speakers (fee and non-fee services) will be funded by this augmentation, along with some additional staff travel costs because of the large geographical service area Inland Empire with a focus on the City of San Bernadino). N/A Packet Page 2696 Page 13 For Official Use Only Performance Measures % of Unduplicated Volunteers in Work Plans that result in Outcomes: % of Unduplicated in the Primary Focus Area: 100% 40% Healthy Futures Aging in Place 2 40 40 Objective: Number of Volunteer Stations:Anticipated Unduplicated Anticipated Volunteer 1.1 3.1 Performance Measure: Performance Measure: Focus Area: Companionship Companionship CompanionshipService Activity: Service Activity Description: Primary Focus Area: Healthy Futures Objective: Aging in Place Community needs: As an approach to fulfill the community’s need for social engagement and interaction during the CoronaVirus pandemic, the city of San Bernardino’s RSVP program has reintroduced the Phone Alert League (PAL). Due to California’s state regulations for safe social distancing, many seniors in the surrounding communities lost access to many resources and services that were once provided to them and ended up becoming socially isolated from society, increasing the number of people who are now suffering from loneliness. This will provide a volunteer opportunity that is safe for both the volunteer and the community. The county of San Bernardino’s census from July 2019 showed a record of 11.9% of its population as persons who are of the age of 65 years and up. A recent study from the NIH shows that the elderly are more prone to developing signs of depression and decreased mental health well-being. As people age, they find themselves spending more time alone, which can make them more vulnerable to social isolation which can be associated with cognitive decline. Our goal is to try and help seniors so that they can live a more independent life by providing them with supportive and meaningful social connections. Many seniors find that when they can look forward to receiving a friendly call as often as requested, they can feel a part of society by engaging in conversations about current events within the community. A survey will be used to determine the effectiveness of the calls being made to these individuals to learn if they feel less lonely than before joining the program. An estimated number of 52 volunteers will be devoting 5 hours of their time weekly to at least 1 volunteer station and will be expected to provide 13,520 hours every year, offering the community a value of $347,734 to help individuals in need of social connection across our service areas. Community Need to be Addressed: Community Need to be Addressed: H4A: Number of individuals servedAnticipated H9A: Number of individuals who report having increased social support or improved capacity for indeAnticipated 40 Tracking SystemTarget:How Measured: Instrument Description:Other Documentation 40Target:How Measured: Instrument Description: Primary Focus Area:Veterans and Military Families Packet Page 2697 Page 14 For Official Use Only Healthy Futures Aging in Place 2 25 25 Objective: Number of Volunteer Stations:Anticipated Unduplicated Anticipated Volunteer 3.1 3.2 Performance Measure: Performance Measure: Focus Area: Companionship Nutrition/Food Support CompanionshipService Activity: Service Activity Description: Focus Area: Other Community Priorities Objective: Other Community Need: San Bernardino RSVP volunteers will be able to address current community priorities through volunteer opportunities in places like the Veterans Affairs Hospital, Senior Centers, Community Gardens, and Senior Nutrition Programs. Currently, about 34,626 inhabitants in this service area are veterans, which is why RSVP volunteers will be supporting them through service at the Loma Linda VA Hospital through companionship, food service, and transportation. About 12.6% of San Bernardino RSVP’s service area population are older adults 65 years and older according to the 2019 Census Bureau. Volunteering in senior centers will bring older adults together who like to keep busy and help execute the day-to-day functions and activities that are carried out through the centers. There are approximately 572,305 inhabitants within the service area who live in poverty. Volunteers assist in programs such as Community Food Distributions, as well as Hygiene Packs, provided by sponsors.RSVP volunteers support the Senior Nutrition Program in the Fifth Street Senior Center, Perris Hill Senior Center, and the Highland Senior Center, where they help serve food to qualifying individuals. Starting the Senior Center Garden was a group project with plenty of RSVP volunteers hands on deck. After building a suitable garden for seniors at the Fifth Street Senior Center, volunteers will now be able to enjoy the benefits of gardening while creating a new program for the community to engage in. Focus Area: Other Community Priorities Objective: Other Community Need: San Bernardino RSVP volunteers will be able to address current community priorities through volunteer opportunities in places like the Veterans Affairs Hospital, Senior Centers, Community Gardens, and Senior Nutrition Programs. Currently, about 34,626 inhabitants in this service area are veterans, which is why RSVP volunteers will be supporting them through service at the Loma Linda VA Hospital through Community Need to be Addressed: H4A: Number of individuals servedAnticipated H9A: Number of individuals who report having increased social support or improved capacity for indeAnticipated 0 Tracking SystemTarget:How Measured: Instrument Description:Other Documentation, Time sheets 25Target:How Measured: Instrument Description: Packet Page 2698 Page 15 For Official Use Only Healthy Futures Veterans and Military Families Aging in Place Veterans & Families Served 1 2 26 26 Objective: Objective: Number of Volunteer Stations: Number of Volunteer Stations: Anticipated Unduplicated Anticipated Volunteer 3.2 5.1 Performance Measure: Performance Measure: Focus Area: Focus Area: Nutrition/Food Support Companionship Nutrition/Food SupportService Activity: Service Activity Description:Seniors supporting with lunch and dinner prep/distrubution. companionship, food service, and transportation. About 12.6% of San Bernardino RSVP’s service area population are older adults 65 years and older according to the 2019 Census Bureau. Volunteering in senior centers will bring older adults together who like to keep busy and help execute the day-to-day functions and activities that are carried out through the centers. There are approximately 572,305 inhabitants within the service area who live in poverty. Volunteers assist in programs such as Community Food Distributions, as well as Hygiene Packs, provided by sponsors.RSVP volunteers support the Senior Nutrition Program in the Fifth Street Senior Center, Perris Hill Senior Center, and the Highland Senior Center, where they help serve food to qualifying individuals. Starting the Senior Center Garden was a group project with plenty of RSVP volunteers hands on deck. After building a suitable garden for seniors at the Fifth Street Senior Center, volunteers will now be able to enjoy the benefits of gardening while creating a new program for the community to engage in. A large sum of RSVP- City of San Bernardino's station sites are Law Enforcement agencies. The senior volunteers are called "COPs"-Citizens on Patrol. Their duties are but not limited to: Directing traffic during inclement weather situations that requires road closures, directing traffic for officers during traffic collisions, accidents etc. taking witness statements, supporting with evacuation procedures , patrolling neighborhoods, hosts safety meetings and other various duties. Community Need to be Addressed: H4A: Number of individuals servedAnticipated H9A: Number of individuals who report having increased social support or improved capacity for indeAnticipated 0 Tracking SystemTarget:How Measured: Instrument Description:Other Documentation, Time sheets 26Target:How Measured: Instrument Description: Packet Page 2699 Page 16 For Official Use Only 60 60 Anticipated Unduplicated Anticipated Volunteer 5.1Performance Measure:Companionship CompanionshipService Activity: Service Activity Description: V7A: Number of active military members and/or military family members servedAnticipated O21V: Number of individuals with improved job readinessAnticipated 0 Tracking SystemTarget:How Measured: Instrument Description:Other documentation Tracking System60Target:How Measured: Instrument Description: Other documentation Packet Page 2700 Page 17 For Official Use Only Funding Priorities Program Characteristics *Check any priority area(s) that apply to the proposed program. If no priorities apply to your program, select N/A. Please refer to the NOFO for the information on the threshold for meeting priority consideration *Check any program characteristic(s) that apply to the proposed program. If no characteristics apply to your program, select N/A. Program Information Supporting older adults and their caregivers, Helping older adults re-enter the workforce High poverty community (20- 39% in poverty), Extreme poverty community (40% or more in poverty) Packet Page 2701 Page 18 For Official Use Only Required Documents Applicant Operational and Financial Management Survey (OFMS) Document Name Already on File at CNCS Status Packet Page 2702 Page 19 Packet Page 2703 Page 1 The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C. Chapter 22). Purpose 94.002CFDA No.: 290 N D ST San Bernardino CA 92401-1734 25SRICA007Agreement No.: 0Amendment No.: San Bernardino, City of Grantee 956000772EIN: 04/07/2025 - 03/31/2028Performance Period: 04/07/2025 - 03/31/2028Budget Period: Corporation for National and Community ServiceNotice of Grant Award Award Information Terms of Acceptance: By accepting funds under this grant, recipient agrees to comply with General Terms and Conditions found at https://americorps.gov/sites/default/files/document/FY2025-General-Terms-and-Conditions.pdf and the Program Terms and Conditions found at https://americorps.gov/sites/default/files/document/2025-03/FY2025-RSVP-Terms-and- Conditions.pdf. Recipient also agrees to comply with assurances and certifications made in the grant application, supporting documents, and with applicable federal statutes, regulations and guidelines. Funding Information Previously Awarded This Year This Award/ Amendment $0 $70,477Total Obligated by CNCS Grantee's Unobligated Balance (Carryover) $0 $0 Total Available $0 $70,477 Total CNCS Funds Awarded to Date Cumulative Funding for Project Period Total Awarded in Previous Amendments $70,477 Retired and Senior Volunteer Program $70,477 250 E Street SW, Suite 300 Washington, DC 20525-0001 (202) 606-5000 Total Current Year $70,477 $0 $70,477 For Official Use Only Funding Source and Amount Not applicable to this award. Grant Year:1 Year 1 EJLMHR1CMKM7UEI: Award Description This award funds the approved 2025-26 AmeriCorps Seniors RSVP program. Your 2025–26 statutory match requirement is 10% and your budgeted match is 50.30%. Corporation for National and Community Service: Packet Page 2704 Page 2 CFDA No.: Erica Ortega Rogelio Armendariz 290 N D ST San Bernardino CA 92401-1734 25SRICA007Agreement No.: 0Amendment No.: San Bernardino, City of Grantee 956000772EIN: 04/07/2025 - 03/31/2028Performance Period: 04/07/2025 - 03/31/2028Budget Period: Stacy Bishop Notice of Grant Award Award Information Senior Grants Officer Grants Officer Program Officer Retired and Senior Volunteer Program 04/07/2025 250 E Street SW, Suite 300 Washington, DC 20525-0001 (202) 606-5000 For Official Use Only Grant Year:1 Nicolette Wilson Mitchell Assumma Signature Award Date San Bernardino, City of Legal Applicant EJLMHR1CMKM7UEI: Packet Page 2705 Packet Page 2706 Packet Page 2707 Packet Page 2708 Packet Page 2709 CONSENT CALENDAR City of San Bernardino Request for Council Action August 20, 2025 Honorable Mayor and City Council Members Darren Goodman, Chief of Police; Eric Levitt, City Manager Police Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-360, authorizing: 1. The City Manager to accept the grant award in the amount of $200,000; and 2. The City Manager or their designee to conduct all negotiations, signing, and submittals of necessary documents to receive grant awards; and 3. The Director of Finance and Management Services to amend the FY 2025/26 Operating Budget by $200,000 in grant revenues and expenditures. Executive Summary The San Bernardino Police Department is participating in a region-wide effort to establish a fusion center that will be located at the San Bernardino Police Department and serve both San Bernardino and Riverside Counties. The purpose of the fusion center will be to facilitate information sharing between state, local, federal, tribal, and other public safety or private partners to detect, prevent, and respond to terrorism, crime, and other hazards or catastrophes that threaten the security of the Inland Empire Region. The Yuhaaviatam of San Manuel Nation has awarded the San Bernardino Police Department at $200,000 grant to support the establishment of the fusion center. Background After the terrorist attacks on September 11, 2001, the 911 Commission was established to assess the circumstances or failures surrounding the attacks and to identify ways to guard against future terrorist attacks. Among the problems identified Packet Page 2710 was a lack of information sharing between federal, state, and local law enforcement agencies. This left law enforcement agencies at multiple levels with an incomplete understanding of the threat landscape, and resulted in a failure to detect and disrupt the terrorist attacks in the planning stages. The 911 Commission recommended fusion centers be established to increase information sharing between intelligence and law enforcement agencies at all levels. This recommendation was implemented through the establishment of regional fusion centers to serve as focal points for information sharing between federal, state, local, and tribal public safety partners. Since that time, a network of 80 unique fusion centers has been established across the nation. Each fusion center is controlled and operated at the state or local level with the ability to tailor their operations to meet the needs of the areas they serve. In recent years, the mission of many fusion centers has expanded from a narrow focus on information sharing regarding terrorism to include other criminal activity and hazards that threaten public safety and homeland security. The expanded “All threats, All Hazards” model for fusion center operations has resulted in participation from organizations beyond law enforcement including fire, emergency management, public health, education, and private sector partners. The public is also encouraged to participate through suspicious activity reporting, most commonly recognized as the “See Something, Say Something” campaign. In 2006, the Joint Regional Information Center (JRIC) was established as the fusion center responsible for the seven Southern California Counties of San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, and Riverside. Orange County broke away from that group to establish its own fusion center in 2007 to better serve the public safety needs of Orange County. Since that time, JRIC has continued to operate on behalf of the remaining six counties, and its area of responsibility is one of the fastest-growing and most populous regions of the country. The terrorist attack at the Inland Regional Center on December 2, 2015, generated an interest among law enforcement leaders in the Inland Empire to establish a fusion center to serve the Inland Empire, independent of JRIC. The idea gained momentum in 2022, when the Riverside Urban Area Security Initiative (Riverside UASI) allocated Homeland Security grant funding for a project to establish a regional fusion center to serve San Bernardino and Riverside Counties. The fusion center project has been making progress since that time and has evolved into what is now known as the Safety and Tribal Regional Analysis Center (STRAC). The STRAC will eventually become the 81st recognized fusion center in the nation. Discussion The City of San Bernardino and the San Bernardino Police Department participate in the Riverside UASI program. As the home to the Inland Regional Center where the terrorist attack on December 2, 2015, occurred, the City of San Bernardino has a vested interest in working to prevent any future terrorist attacks that may jeopardize the safety of the City, its residents, and the business community. The more recent domestic terrorism attack in Palm Springs has only confirmed there is an ongoing Packet Page 2711 need, not only in San Bernardino, but also in the wider region of San Bernardino and Riverside Counties to continue the effort to prevent terrorism of all kinds. The San Bernardino Police Department recognizes this need and has taken an active role in the development of the STRAC fusion center. That active role has enabled the San Bernardino Police Department to bring the STRAC to the City of San Bernardino and co-locate it at the San Bernardino Police Department. Fusion centers across the country serve as information-sharing points and have been involved in the identification of multiple terrorist and major criminal incidents in the planning stages, allowing law enforcement to respond and stop them before they occur. Whether the disruption of terrorist and criminal activities is reported in the media or goes unnoticed, many cases share a common factor of beginning with information that was obtained or developed through a fusion center. Not only do fusion centers play a role in the origination of terrorism and criminal cases, but they also support ongoing investigations at the federal, state, local, and tribal levels. Fusion centers are recognized as valuable tools to support multiple public safety missions, but the number of fusion centers is low in relation to the need, so they are coveted resources as public safety agencies plan for the future. The STRAC will be a much-needed resource for the region and its location in San Bernardino will allow the San Bernardino Police Department to make the maximum use of the resources the STRAC provides. The STRAC will serve as the primary intelligence and information exchange center for the two-county Inland Empire Region. It will evaluate information to recognize signs of safety threats and track information or incidents that, when viewed together as a whole, may demonstrate an emerging threat to the Inland Empire. When appropriate, the STRAC will route information about criminal or terrorism activity to the appropriate public safety agency. It will also support local fire and emergency management operations during disaster responses by facilitating the gathering of vital public safety intelligence, enabling public safety leaders to make more informed decisions and craft better response plans. Beyond these operations, the STRAC will also develop information on public safety trends to educate first responders about the tactics, techniques, and procedures used by criminals and terrorist actors, giving first responders the knowledge they need to better identify, disrupt, or respond to terrorism and criminal acts. The bulk of the STRAC’s operating expenses will be paid through Riverside UASI grant funds. UASI funds will be applied to hiring personnel to staff the STRAC, purchase equipment, cover overhead costs such as utilities and office supplies, along with providing training to STRAC personnel. Riverside County is supplementing the costs to operate the STRAC with the contribution of Homeland Security grant funds allocated to Riverside County that will also be used to hire personnel and cover operating and equipment costs. The Yuhaaviatam of San Manuel Nation has an active interest in the STRAC and has supported the development of the STRAC throughout its progress. Through this grant, the Yuhaaviatam of San Manuel Nation is providing additional financial support to cover costs related to minor building Packet Page 2712 modifications to accommodate the STRAC, the purchase of additional equipment and furniture, along with the lease of copy machines. The Police Department will be responsible to complete the grant project in compliance with grant terms within a 12 month period. 2021-2025 Strategic Targets and Goals The request to authorize the receipt and expenditure of grant funds aligns with: •Key Target No. 1c. Improved Operational and Financial Capacity - implement, maintain, and update a fiscal accountability plan. •Key Target No. 3c. Improved Quality of Life –Constantly evaluate public safety service delivery models to enhance the quality of service Fiscal Impact There is no fiscal impact to the General Fund. The FY 2025/26 Operating Budget will be amended by $200,000 in grant revenues and expenditure. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-360, authorizing: 1. The City Manager to accept the grant award in the amount of $200,000; and 2. The City Manager or their designee to conduct all negotiations, signing, and submittals of necessary documents to receive grant awards; and 3. The Director of Finance and Management Services to amend the FY 2025/26 Operating Budget by $200,000 in grant revenues and expenditures. FINANCIAL DATA Current Fiscal Year:Next Fiscal Year:Total Cost:Ongoing Cost: COST GENERAL FUND SHARE SOURCE OF FUNDS: Yuhaaviatam of San Manuel Nation grant in the amount of $200,000. There are no matching fund requirements for this grant. Budget Adjustment: Yes For Fiscal Year: 25/26 Packet Page 2713 Attachments Attachment 1 Resolution No. 2025-360 Attachment 2 Grant Agreement Ward: All Wards Synopsis of Previous Council Actions: December 04, 2024, The Mayor and City Council approved the Memorandum of Agreement (3rd Amendment) with the San Manuel Band of Mission Indians for the funding of officers to provide Police Services to the Service Areas identified in the Agreement and to provide Additional Services as identified. January 01, 2021, The Mayor and City Council approved the Memorandum of Agreement (2nd Amendment) with the San Manuel Band of Mission Indians for the funding of four Police Officers to provide Police Services to the Service Areas identified in the Agreement, and to provide Additional Services as identified. August 07, 2019, The Mayor and City Council approved the 1st Amendment to the San Manuel Community Credit Fund Restricted Grant Agreement. October 01, 2017, The Mayor and City Council approved an Agreement between the San Manuel Band of Mission Indians for funding for Police Services under the San Manuel Community Credit Fund Restricted Grant Agreement. Packet Page 2714 Resolution No. 2025-360 Resolution No. 2025-360 August 20, 2025 Page 1 of 3 7 4 8 5 RESOLUTION NO. 2025-360 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO ACCEPT THE YUHAAVIATAM OF SAN MANUEL NATION GRANT AWARD AND FUTURE AMENDMENTS; AND AUTHORIZE THE CITY MANAGER OR THEIR DESIGNEE TO CONDUCT ALL NEGOTIATIONS, SIGNINGS AND SUBMITTALS OF NECESSARY DOCUMENTS TO RECEIVE GRANT AWARDS; AND AUTHORIZE THE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO AMEND THE FY 2025/26 OPERATING BUDGET BY $200,000 IN GRANT REVENUES AND EXPENDITURES. WHEREAS, The City of San Bernardino is a participating jurisdiction in the Riverside Urban Area Security Initiative program, which is establishing the Safety and Tribal Regional Analysis Center (STRAC); and WHEREAS, The STRAC will serve as a regional fusion center for San Bernardino and Riverside Counties to improve local capacity to prepare for, protect against, and respond to catastrophic incidents, terrorism and criminal acts; and WHEREAS, The STRAC will be located at the San Bernardino Police Department; and WHEREAS, On July 22, 2025 the Yuhaaviatam of San Manuel Nation awarded the City of San Bernardino a $200,000 grant fund the establishment the STRAC at the San Bernardino Police Department. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager or his designee is hereby authorized to accept the Yuhaaviatam of San Manuel Nation grant in the amount of $200,000 and execute any documents as may be necessary to accept grant funds and future amendments. SECTION 3. The Director of Finance and Management Services is hereby authorized to amend the FY2025/2026 Adopted Budget , appropriating $200,000 in revenue and expenditures. SECTION 4.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that Packet Page 2715 Resolution No. 2025-360 Resolution No. 2025-360 August 20, 2025 Page 2 of 3 7 4 8 5 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of August 2025. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez, CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page 2716 Resolution No. 2025-360 Resolution No. 2025-360 August 20, 2025 Page 3 of 3 7 4 8 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-360, adopted at a regular meeting held on the 20th day of August 2025 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2025. Telicia Lopez, CMC, Acting City Clerk Packet Page 2717 2 3 2 9 CONSENT CALENDAR City of San Bernardino Request for Council Action August 20, 2025 Honorable Mayor and City Council Members Eric Levitt, City Manager City Manager’s Office Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-361, Authorizing the City Manager to waive special event fees for Route 66 Rendezvous and provide support services from Police, Public Works, and Parks & Recreation. Executive Summary The Route 66 Rendezvous, an event in downtown San Bernardino, is organized by the San Bernardino Area Chamber of Commerce (SBACC) in collaboration with the City of San Bernardino. City staff recommends approval of Resolution No. 2025-361, granting the City Manager authority to waive fees associated with the event and to allocate city support services from Police, Public Works, and Parks & Recreation. Background The Route 66 Rendezvous is a long-standing, car culture festival that draws thousands of residents and visitors to San Bernardino’s downtown core. Past events have been produced by the San Bernardino Area Chamber of Commerce in partnership with the City of San Bernardino and features classic car exhibitions, live entertainment, vendor booths, and family-friendly activities. On September 1, 2018, the City Council approved a formal services agreement with the SBACC for the 2018 Rendezvous Back to Route 66 event, which clearly defined the scope of City support services such as police presence, public works support, sanitation, and street closures, as well as the Chamber’s responsibilities including event planning, securing vendors, marketing, and compliance with all permits and insurance requirements. Packet Page 2718 2 3 2 9 On December 15, 2021, the City Council adopted Resolution No. 2021-304, establishing a framework that authorizes the City Manager to reduce or waive special event-related fees for designated downtown events of cultural and economic significance, including Route 66 Rendezvous. Discussion Waiving special event fees and providing in-kind City support will enable effective planning and execution of the Route 66 Rendezvous, ensuring essential resources are available while minimizing operational challenges and costs. Support will be delivered through departments such as Police, Public Works, and Parks & Recreation. The Route 66 Rendezvous is a multi-day, large-scale event in downtown San Bernardino that demands coordinated efforts across departments to ensure public safety, traffic control, sanitation, and logistical efficiency. This annual celebration attracts thousands of visitors to the downtown area, boosting local business revenue, increasing hotel stays, and positioning San Bernardino as a key destination along historic Route 66. Featuring live entertainment, food vendors, arts and cultural showcases, and interactive experiences, the Rendezvous creates a family-friendly atmosphere that builds community pride and engagement. Beyond its cultural impact, the event strengthens ties among residents, businesses, and community organizations. By advancing downtown revitalization, supporting economic growth, and enhancing the City’s image as a vibrant and inclusive community, the Rendezvous remains both a cultural centerpiece and an economic catalyst for San Bernardino. 2021-2025 Strategic Targets and Goals The request for aligns with Strategic Target #2 – Focused, Aligned Leadership and Unified Community by fostering civic pride and strengthening local partnerships. Target #3 – Improved Quality of Life through coordinated public safety and community programming. Target #4 – Economic Growth and Development by promoting San Bernardino as a destination and activating the downtown core. Fiscal Impact Although final fee estimates are not available at the time of this reports publishing, staff does not anticipate the total to exceed the City Manager’s signing authority. The City Manager will include an update on expenses Mayor and City Council update a final cost breakdown of fees associated with this special event fee waiver. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-361, Authorizing the City Manager to waive special event fees for the Route 66 Rendezvous and provide support services from Police, Public Works, and Parks & Recreation. Packet Page 2719 2 3 2 9 Attachments Attachment 1 Resolution No. 2025-361 Ward: All Wards Packet Page 2720 Resolution No. 2025-361 Resolution No. 2025-361 August 20, 2025 Page 1 of 3 7 5 4 7 7 5 1 5 RESOLUTION NO. 2025-361 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO WAIVE SPECIAL EVENTS FEES FOR THE ROUTE 66 RENDEZVOUS AND PROVIDE SUPPORT SERVICES FROM POLICE, PUBLIC SERVICES, AND PARKS & RECREATION WHEREAS, The City of San Bernardino recognizes and supports hallmark events in the downtown area that promote culture, live entertainment, local businesses, and a family friends atmosphere, and WHEREAS, The Route 66 Rendezvous is a long-standing, high profile car culture festival that draws thousands of residents and vistors to San Bernardino’s downtown core, and WHEREAS, On September 1, 2018, the City Council approved a formal services agreement with the SBACC for the 2018 Rendezvous Back to Route 66 event, which clearly defined the scope of City support services such as police presence, public works support, sanitation, and street closures, as well as the Chamber’s responsibilities including event planning, securing vendors, marketing, and compliance with all permits and insurance requirements, and WHEREAS, On December 15, 2021, the City Council adopted Resolution No. 2021-304, establishing a framework that authorizes the City Manager to reduce or waive special event-related fees for designated downtown events of cultural and economic significance, including Route 66 Rendezvous. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby authorize the City Manager to waive special event fees for the Route 66 Rendezvous and provide support services from Police, Public Works, and Parks & Recreation. SECTION 3.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Packet Page 2721 Resolution No. 2025-361 Resolution No. 2025-361 August 20, 2025 Page 2 of 3 7 5 4 7 7 5 1 5 SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2025. Helen Tran, Mayor City of San Bernardino Attest: Telicia Lopez CMC, Acting City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Page 2722 Resolution No. 2025-361 Resolution No. 2025-361 August 20, 2025 Page 3 of 3 7 5 4 7 7 5 1 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Telicia Lopez, CMC, City Acting Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-361, adopted at a regular meeting held on the 20th day of August 2025 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2025. Telicia Lopez, CMC, Acting City Clerk Packet Page 2723 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS City of San Bernardino Request for Council Action August 20, 2025 Honorable Mayor and City Council Members Theodore Sanchez, Council Member, 1st Ward Council Office Packet Page 2724 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS City of San Bernardino Request for Council Action August 20, 2025 Honorable Mayor and City Council Members Sandra Ibarra, Council Member, 2nd Ward Council Office Packet Page 2725